HomeMy WebLinkAbout1992-09-08 Resolution 2477 Zoning Variance-
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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
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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
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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
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RESOLUTION U2477
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