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HomeMy WebLinkAbout1992-09-08 Resolution 2477 Zoning Variance- .. * City of ORONO RESOLUTION OF THE CITY COUNCIL NO. K KBSOLonaa omrik A VAAIAMCB TO NraiCIPAL tOMINC CQOB SBCTXOa 10.22, OOBDXVXSXOa 2 PXU OlSOt WBBRBA8, Robart Owant (harelnaftar "tha applicant") la tha of tha proparty locatad at 1700 Bohn'a Point Road within tha City of (barainaftcr "City") and legally daacrlbad a» followat ownar Orone Exhibit A. attached, (hereinafter "the property")! and VBBRBAS, tha applicant haa appliad to tha City for a variance to Municipal Zoning Coda Section 10.22, Subdiviaion 2 to permit tha replacement of an exiating decit which contributea to hardcover in the 75- 250'lalceahora tone in aaceaa of the 25% hardcover normally allowed. MOM. TRRRBPORB, MB XT RB80LVBD by the City Council of Orono, Minnesotai | PXHDXM68 1. Thia application waa reviewed aa Zoning File 11308. 2. The property la located in the LR-lB Single Family La)caahore Residential Zoning District. 3. The Orono Planning Commiacion reviewed thia application on July 19, 1988, and recoasiended approvnl of the proponed variance based upon the following findings! A) During the necessary declc stairway in order which was damaged during the pre-existing dec)t w«r longer safe for use. T designed a replacement slightly different share required permit. 'Jismantling of the previously exiating tc na)ce repairs to the la)teahoro ban)c 1987 auper-rtorm, it waa found that infested with carpenter ante and was no c .pplicant'a contractor subsequently dock of similar square footage and u; t' commenced construction without the B) The replacement dec!; 'c "prises of approximately 400 s.f. of hardcover and is locator, from the lalceshote, 10' from the aide lot line, and be'iir. 'i f e average la)ceshore setbacic line. The only variance neeih'd i-r approval of this dec)c is for ft______m_____________ A^ft^^hardcover in the 75-250' . c::' Pego ! >-■ 4 N I City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2A11_____ C) Replacement of the deck resulte in e 4 s.f. decrease in 75- 250* hardcover on the property with a pre-exiatlng and proposed 75-250* hardcover of 35.7%. There is no hardcover on the property which could be easily or appropriately reaoved to reduce this hardcover percentage. 4. The City Council has considered this application including the findings and recommendations of the Planning Commlsalon* reports by City staff* comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. 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 sonlng districti that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hasard or other danger to neighboring propertyi would not merely serve as a convenience to the applicant, but is necessary to alleviate a de^- strable hardship or difficulty; is necessary to preserve a substantial procerty right of the applicanti and would be in keeping with the spirit and intent of the Zoning Code and Coeprehensiwe Plan of the Citye coKLosioMp onm Mm oomnoBS Based upon one or more of the findings noted abovep the Orono City Council hereby grants a variance to Municipal toning Code Section 10.22p Subdivision 2 to permit the replacement of a 408 s.f a 404 s.fe deck that contributes to the 35.7% hardcover in the 75-250 lakeshore zone where only 25% hardcover is normally allowedp subject to the following conditions! 1. Applicant's contractor shall obtain the appropriate building permit for the construction and shall comply with all building code regulations. 2. Hardcover on the property shall be limited to 35.7% in the 75-250* Eone, as follows; Rouse Garage Driveway Sidewalk Deck 4 Stairway Landscape Areas 2,730 s.f. 625 s.f. 2,225 s.f. 136 s.f. 404 S.f. 1,152 S.f. (underlain by plastic) 7,272 s.f. (35.7%)TOTAL Page 2 of 4 -T City of OROINO ) •’♦jr.RESOLUTION OF THE CITY COUNCIL NO. 2477 Applicant is advised that no future hardcover will be approved for this property and any proposal to add hardcover on the property eight be approved only in conjunction with concurrent reaiovals of existing hardcover resulting in no hardcover increase. 3. Authorities granted with this resolution run with the property not with the applicants, 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 25, 19B9). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the toning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. 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. 1 Adopted by the Orono City Council on this 25th day of July, 19B8. 4dQ^nl:Haliin, City Clerk " JamSs R. Grabek, Mayor Ji?op2tty d#ner(m) 1I *City of ORONO resolution Of THE CITV council NO, 24 77 i.! STATE OP MINNESOTA ) COUNTY OP HENNEPIN ) On this /. I foregoing* *^nd*,LV I, and who ,x,cut,J th* m 1^NOTARY PUBLl^- - -- - - - -- - - - to COMMISSIOh EXPTPgg STATE OP MINNESOTA ) COUNTY OP HENNEPIN )®*' On this J‘A- ^that ^h«^?the*y?V« Jiltad**^r^"’Inatrunent, (thalr) free act and deed. executed the same as his mm '^hxi -It V NOTARY PUBLIC - - MY LUMMlSilON EXPIRES' Pag* 4 of 4 % ilWtili t I IM' it { '* 'i' ! i|!| Ijs' lit 1 r-13 - ^i" ir«fi i t«iU*ilifi ** 6 >»% iH |i« fi!i||wilii’Jiii i!i ii’Mtill !M|;i!' ii!!iiiil!Lii RESOLUTION U2477 k>ii^ .w« rr i i. .t im ■