HomeMy WebLinkAbout#1750 =- after the fact variance 1
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RESOLUTION OF THE CITY COUNCIL ' ;`.�:='
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1750 r�',
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� GRANTING A VARIANCE TO MUNICIPAL ZONING CODE
� _ � � SECTIONS 10_ 55, SUBDIVISION 8 AND 10. 31,
SUBDIVISION 9 - FILE �900
WHEREAS, James W. Ogland (hereinafter "the applicant")
is owner of property located on Big Island and designated as Big
Island Record Lot No. 38 , within the City of Orono (hereinafter
"City" ) and legally described as follows:
Lots 25 and 26, Morse Island Park, Hennepin County, Minnesota
(hereinafter "property") ; and
WHEREAS , the applicant has applied to the City for
after-the-fact variances to Municipal 2oning Code Sections 10.55,
Subdivision 8, and 10.31, Subdivision 9, to permit the construc-
tion of a deck and accessory storage structure located within the
0-75' setback area, which structures comprise 480 square feet (or
6.5$ ) hardcover where no permanent or temL�orary structures or
hardcover are normally allowed.
NOW, THEREFORE, BE IT RESOLVED, by the City Counci 1 of
Orono, Minnesota:
FINDINGS
l . This application was reviewed as Zoning File #900 .
2. This property is located within the RS Seasonal
Recreational Zoning District.
3 . The Orono Planning Commission reviewed this
application on r5arch 18, 1985, and recommended approval
based on the following findings :
a ) The property has a substantial hardship in
that the steep topography and uneven shoreline
terrace make access to the property difficult and
posssibly hazardous.
b) The property is not served by a developed road
and the lakeshore is the only access to the
property.
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RESOLUTION OF THE CtTY COUNCIL
NO. 1750
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4. The Counci 1 finds no hardship demonstrated which
would justify allowing the storage structure to remain
within the lakeshore setback area once the principal
. �structure is constructed.
5. The applicant has stated that the decking is under-
lain by sandy material and boulder rip-rap, has no
plastic sheeting or other impermeable material which
would retard infiltration, and will remain in this
condition permanently.
6. The applicant has allowed the natural vegetative
screening to remain on the site.
7. The City Council has considered this application
including the findings and recommendations of the
Planning Commission, reports by Cir.y staff, comments by
the applicant, and the effect of the proposed variance
on the health, safety, and welfare of the community.
8. The City Council finds that the conditions existing
on this c�roperty are peculiar to it and do not apply
generaliy to other property in this zoning district ;
that granting the variance 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 dif-
ficulty; is necessary to preserve a substantial
property right of the applicant; and would be in keep-
ing with the spirit and intent of the Zoning Code and
Comprehensive Plan of the City.
CONCLUSIONS, ORDER, AND CONDITIONS
Based upon the above findings, the Orono City Council
hereby grants an after-the-fact variance to Municipal Code
Sections 10.55, Subdivision 8, and 10.31, Subdivision 9 to allow
construction of a deck located within the 0-75' setback area,
which structure comprises 424 square feet (or 5.8� ) hardcover
where no permanent or temporary structures and no hardcover are
normally allowed, subject to the following conditions:
l. The deck structure may never be underlain with
materials which would decrease the permeability of the
land below the deck, nor shall it be enclosed, covered,
or altered in any way so as to become hardcover.
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RESOLUTION OF THE CITY CO:UNCIL , � � ���
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2. The 7 ' x 8 ' storage bui lding must be removed f rom
the 0-75' lakeshore setback area prior to issuance of a
certificate of occupancy for the principal structure on
�the property, to be verified by staff at the time of
f ina 1 inspection.
3 . Applicant is placed on notice that no future hard-
cover variances will be granted for this property, and
no other variances are granted at this time.
4. Authorities granted by this variance run with the
property not with the owner, 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 (April 8 ,
1986 ) .
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
punishak�le 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 on
this 22th day of April, 1985.
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ATT�'ST:
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G; D othy M. allin, City Clerk Mary C. � tler, Mayor
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Property Owner Spouse
Property Owner Spouse
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` Cit� of ORONO
RESOLUTION OF THE CITY COUNCIL
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NO. 1750 "a � t-, ^,��
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STAT� OF' r9INNESOTn )
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COUNTY OF HENNEPIT7 ) •
O n t h i s ___1� �______ d a y o f 1'1�f,Q� 19 8 5
before me a i�Totary Public within and for said county, personally
appearec3 �q�� �,� ��,L,q��t� known to me to be
the persor, ( s ) described in anc3 who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and dee�.
1-IAEt P.GAFFR�TA 4.�ta%�—iC7
,..�.a. MIC pUBL!C-MINNESO �-._
��'••. pIOTARY �UNTY NOTARY PUBLIC
`� I,�nc, �`e:`.s H ryP1E�'IN C 1une1t,19ti7 Y
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%- .1„��',�� �.!Co mission Ex-.';rev���so9
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r1Y COY�iI�9ISSI N EXPIRES
STATE OF MINNESOTA )
�SS .
COUNTY OF HENNEPIN )
On this day cf , 1985, before me
a Notary Public within and for said County, personally appeareci
----------------------------------
kncwn to me to be the
person(s) describecl in and who executed the foregoinginstrument,
and acknowledged that he ( they ) executed the same as his
(their ) free act and deed .
NOTARY PUBLIC
MY CO!•1MISSION EXPIRES
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STATE OF MINNESOTA ) -.�
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COUNTY UF HENNEPIN )
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CITY OF ORONO )
I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin
County , i�linnesota , do hereby certify that I have co►npared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on April 22 , 19 85 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting .
In Witness Whereof , I have hereunto set my , hand and seal this
17th , day of May , 1985
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Do othy M. Hallin , ity Clerk� ^^ �
( SEAL)
This document is being recorded for the benefit of the City of Orono per
Minnesota Statutes 386 .77 .
Thomas J. Radio, City Attorney
State Deed Tax Due Hereon ; Exempt
This instrument was drafted by :
City of Orono
P . O . Box 66
Crystal Bay , MN . 55323