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Home My WebLink AboutRes 3578 Y � 4 ' O 0'\\ v CITYof ORONO Os RESOLUTION OF THE CITY COUNCIL �kESH� NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 (B) AND 2 FILE NO. 2030 WHEREAS, Richard LaVere (hereinafter "the applicant") is the owner of the property located at 995 Wildhurst Trail within the City of Orono and legally described as follows: The east 111' of the southeast quarter of the northeast quarter of the northwest quarter of Section 7, Township 117, Range 23 (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 (B) and 2 to permit construction of a lakeside deck totaling approximately 523.6 s.f. of new structural hardcover where 4,991 s.f. or 36.1% exists and where 4,910 s.f. or 35.4% is proposed and where 25% is allowed; and an encroachment of the average lakeshore setback of 6' where no encroachment is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2030. 2. The property is located in the LR-1B Lakeshore Residential Zoning District requiring one acre in area. The property consists of 23,210 s.f. or .53 acres. 3. The Orono Planning Commission reviewed this application on June 19, 1995 and recommended approval of the proposed variances based upon the following findings: A. In 1992, the City approved a hardcover variance within the 75-250' setback area at 5,082.58 s.f. or 36.7%. Page 1of5 . O 0 CITY of ORONO 09 O. RESOLUTION OF H TY COUNCIL � k 9 NO. 6e8 ESHO B. As a condition of the 1992 approvals, required hardcover improvements have been removed and hardcover is currently at 4,991 s.f. or 36.1%. C. Based on the curvature of the shoreline and the location of mature trees in the adjacent street yards, the proposed 6' expansion of a deck beyond the average lakeshore setback line poses no visual impact on the adjacent properties. D. The proposed improvements will result in additional reductions in hardcover within the 75-250' setback area. E. The lakeside deck would be consistent with adjacent lakeside decks on residences also designed with walkouts to lakeshore. F. 523.6 s.f. of new deck area shall be installed over 378 s.f. of patio and former paved walk area approved in 1992. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 (B) and 2 to permit the construction of a lakeside deck of approximately 523.6 s.f., subject to the following conditions: Page 2 of 5 • itV 0 b �- CITY of ORONO �� Iii^;IIS► Gti / RESOLUTION OFF T�H ECITY COUNCIL kESH0g NO. 1. Hardcover is approved at 4,910 s.f. or 35.4%. Both existing improvements to remain and proposed improvements are shown on Page 5 of this resolution. Applicant shall maintain improvements as designated on this plan. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 10, 1996). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 10th day of July, 1995. A i' ST: ail 0--6. g &/K-A4- Dorothy allin, City Clerk r ward J. Cal an, Jr., Mayor Property Owner s) Page 3 of 5 gt, 0.il . 0 � ORONO .., �L CITYof , 4), 3,/ .�N-•,, 1,,, G~ RESOLUTION OF THE CITY COUNCIL ! i, NO. e� 5 7 U 1kESHO¢ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of July, 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City' ...-„,--....-.....--....-_,--_,-....--_,--_,-...,...--....-...-...,-...-,,,,,.....-_,...-_,...-....n•,•. LINDA S.VEE l NOTARY PUBLIC-MINNESOTA '1 e HENNEPIN COUNTY ,___7,,, ,,,.., .2,e (/ % My CommissionnExpires Jan.31,2000 {✓ ,2....., ,.._,..„..„...___...„____.„...„...„..„......„..„........„=„....,..„...„, Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this „?G1=-' day of ;kJ y , 199f before me a Notary Public within and for said county,personally appeared mot.lir'l known to me to be the person(s) describedt in and who executed ut d the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. • <••. LINDA S.VEE 1 r �' NOTARY PUBLIC MINNESOTA \ Y (// '• ;: HENNEPIN COUNTY '?�� •-..••' My Commission Expires Jan.31,2000 ti NOTARY PUBLIC 0l!!!!j-..!llll!!!!I!llllf!fIIJv STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ,?-2111day of „�-1y , 199f before me a Notary Public within .T" and for said county,personally appeared R, c hard Lei Vere_ . r-r c, c r,.el known to me to be the person(s) described in and who executed`the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. �l��S.VEE (, �.�.�� LINDA • X0,,,,„,zi,v —z-� • '"`,'. 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