HomeMy WebLinkAbout1992-06-22 Resolution #3134 Pg1W •
GITYofORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3134
A BBSOLDTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
FILE #1679
WHEREAS, William F. Miller (hereinafter "the applicant”) is
the owner of the property located at 2691 Casco Point Road within
the City of Orono (hereinafter "City") and legally described as
follows:
All that part of Government Lot 4, Section 20, Township 117,
Range 23, lying between Orono Avenue and Lake Minnetonka and
between two lines drawn parallel with the southerly line of Lot
134 in Spring Park, and distant southerly therefrom respectively
30' and 90', all according to the plat of Spring Park on file in
the office of the County Recorder in and for Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances
to Municipal Zoning Code Section 10.22, Subdivision 2 to permit
structural repair of an existing gazebo/bathhouse structure located
within the 0-75' setback area totalling 344 s.f. or 7.64% hardcover
where no structure or hardcover is allowed and approval of a hardcover
variance within the 75-250' setback area for construction of a 22'x26'
detached garage to be located in the rear/street yard where excesses
of hardcover exist and the proposed construction will result in
3,438.95 s.f. or 32.75% where only 2,625 s.f. or 25% is allowed.
Minnesota :
1.
2.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
This application was reviewed as Zoning Pile #1679.
The property is located in the LR—1C Zoning District
requiring 21,780 s.f. or .5 acres in area. The subject
property consists of 16,933 s.f. or .39 acre.
Page 1 of 6
m GITYofORONO
RESOLUTION OF THE CITY COUNCIL
NO. _______
3.
4.
5.
The Orono Planning Commission reviewed this application on
September 16, 1991 and June 18, 1992 and recommended
approval of the proposed variances based upon the following
findings:
a) The gazebo/bathhouse structure has existed on the
property prior to 1968, Current standards for
development of lakeshore properties were adopted in
1973 by the City.
b) The structural improvements completed for the
gazebo/bathhouse structure did not involve expansion of
the existing building envelope of structure nor did it
involve an intensification of structure.
c) There currently exists 4,554 s.f, or 43.28% hardcover
within the 75-250' setback area. Applicant proposes
the removal of 1,105.05 s.f. or 10.53% of existing
hardcover to offset proposed structural improvements.
d) The current proposal minimizes the impact on existing
steeper topographies to south side of property.
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
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 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.
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.
Page 2 of 6
• •
GlTYofORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3134_______
CONCLUSIOMSf ORDER AMD CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants variances to Municipal Zoning
conditions:
1.Applicant shall apply for a penalty building permit for all
work completed for the repair/renovation of gazebo/bathhouse
structure by June 30, 1992,
2.Applicant shall remove 1,105.05 s.f. or 10.53% of existing
hardcover as shown on page 6 of this resolution. Applxcant
shall have completed the removal of existing hardcover prior
to the footing inspection for detached garage.
3.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 for tne
detached garage within one year of the date of Council
approval, or this variance will expire on that date (June
22, 1993).
4.
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.
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 agjrees to
the recording of this resolution in the chain of title or
the property.
Page 3 of 6
r %
III GlTYof ORONO
:5^esHH
RESOLUTION OF THE CITY COUNCIL
. NO_ _3134
1992.
Adopted by the Orono City Council on this 22nd day of June,
iorothy/«r1 Hallih, City Clerk Barbara A. Peterson, Mayor
William F. Miller
Property Owner(s)
STATE OF MINNESOTA }
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
22nd day of June, 1992, by Barbara A. Peterson & Dorothy M. Ballin,
Mayor 6 City Clerk of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
Notary Public
Page 4 of 6
t
GITYof ORONO
RESOI^UTION OF THE CrTYCOUNCIL
NO. 3134 .
) 8S»
COUNTY OF HENNEPIN )
On this _ _ _day of r/2//^e_ - - - - - -. 199 A
before me a Notary Public within and for said county, personally
appeared lAJ.'lllarf^ F. /VT.7/g^. ^^^ ^
kno%m to me to be the per.^on(s) described in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
' .-O UNDAS. VBB ___NOTAiiv mmuc • immitOTA
H&NEPIN COUNTY
J.c/a
NOTARY PUBLIC
STATE OP MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
On this ®®
a Notary Public within and for said County, personally appeared
)cno%m to me to be the person(s) described in and who executed tne
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
NOTARY PUBLIC
Page 5 of 6
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