HomeMy WebLinkAbout1988-07-25 Resolution #2474«
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2474_______
A RBSOLOTIOa GRAHTIMG
VARIANCES TO
momicipal zoning code
SECTION 10.22, SOBDIVISION 1 (B)
AND SECTION 10.22, SOBDIVISION 2
PILE *1207
WHEREAS, Gene & Catherine Scanlon (hereinafter "the
are the owner* of le property located at 2815 Casco Point Road within t
City of Orono (he ilnafter "City") and legally described as follows:
all that cart of Lot 120, Spring Park, and all the unplatted land and
Jiit ?Srtlon o7 Lakesho^e Avenue, vacated, lying between Lot 120 of
Scrino Park and the side lines of said lot projected cc Lake
M^nno^onka according to the plat thereof on file or of record in
Hennetin County, Minnesota, which lies Northwesterly of a li'»e
carallel with^and distant 5' Northwesterly from the ^outhwe'jterly .line
of said lot and the extensions thereof (hereinafter the prope y ,
and
MRKnKAS the acclicants have applied to the City for variance to
Municical'*Zoning Code Section 10.22, Subdivision 1 (B) and 1
the storm of July 23rd, 1987.
Minnesota:
MON, TBEREPORB, BE IT RESOLVED by the City Council of Orono,
PINDIM6S
1. This application was reviewed as Zoning Pile #1207.
2 Tha crocertv is located in the LR-IC Single Family Lakeshore
property consist* of 14,228 e.f. or .32 ac e
3. The Orono Planning Commission reviewed this
18, 1988, and recommended approval of the proposed variances based
upon the following findings:
by 157 s.f. or 1.6%.
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Vj-^-u City of ORONO
/^4y,
► .<}; * *7
RESOLUTION OF THE CITY COUNCIL
NO. _24 74 _ _
B) The existing structures were removed as a result of a severe
storm that eroded the lakeshore bank and had nothing to do with
the improper maintenance of the subject structures.
C) There have been no substantial changes in the Code since 1975
when the LR districts and lakeshore standards were established.
In 1978, the City approved setback and hardcover variances for a
lakeshore deck located approximately 15' from the shoreline and
at 210 s.f. of hardcover.
D) The steep topography at 1*1 grades at the shoreline requires
special consideration for the residents of the property.
E) The applicant's physical limitation, as documented by his
personal physician's reportv would prevent his full enjoyment of
hia lakeshore property if the deck and shed were not restored to
the lower lakeshore elevations.
4. The City Council has considered this application including the
findings and recommendations of the Planning Commission, reports by
City staff, comments by the applicants 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 toning district; that granting the variance would not
Affect traffic conditions# ll9ht# sir nor poss s firs hszsro
or other danger to neighboring property; would not merely oo^ve as a
convenience to the applicants, but is necessary to alleviate a demon
strable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the
spirit and Intent of the Zonihg Code and Comprehensive Plan of the
City.
C0HCL08I0B8, ORDKR Al IITIOHS
Based upon one or more of the findings noted above, the Orono
City Council hereby grants variances per Municipal Zoning Code Section
10.22, Subdivision 1 (B) and Section 10.22, Subdivision 2 to permit the
reconstruction of a lakeshore deck and shed installed under said deck
located 24* from the shoreline of Lake Minnetonka resulting in 165 s.f. or
3.9% of hardcover within the 0-75' setback area, subject to the following
conditions:
1. In order to prevent undermining of existing retaining wall
structure, run-off from the roof of the shed must be directed away
from the grade level of the retaining wall and drained to either a
drainage structure already within the retaining wall or via an
independent drainage tile.
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I
i
ElONO:iTV COUNCILmoved as a result of a severe nk and had nothing to do with ject structures.changes in the Code since 1975 e standards were established, and hardcover var.^ances for a ly IS* froBi the shoreline and
ides at the shoreline requires
ents of the property.
tation, as documented by his
prevent his full enjoyment of
and shed were not restored to
is application including the
inning CoamiBsion» reports by
ind the effect of the proposed
ire of the community.
conditions existing on this
9t apply generally to other
ranting the variance would not
lht« air nor pose a fire hasard
} would not merely serve as a
ecessary to alleviate a demon-
sary to preserve a substantial
would be in keeping with the
nd Comprehensive Plan of the
X»XT10II8
idings noted above, the Crono
lunicipal Zoning Code Section
Subdivision 2 to permit the
ed installed under said deck
itonka resulting in 165 s.f. or
itea# subject to the following
V * *City of OROINORESOLUTION OF THE CITY COUNCIL NO. 2474'Vii -,V2. Plantings roust be provided adjacent to each of the retaining wall levels to provide the necessary screening and groundcover stabalization.3. The applicants have agreed to remove 157 s.f. of existing hardcover within the 75-250' setback area. Such hardcover removals must be completed by June 2C, 19B9.
4. 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,
1989).
5. Violation of or non-compliance with any of the terms and
conditions of this resolution shall constitute a violation of the
zoning code, shall automatically terminate any authority granted
here«fi, end shall be punishable as a misdemeanor.
6. 7h9 uf;dersigned applicants have read, understood and hereby agree
to the ^orms of this resolution and on behalf of themselves, their
heirs, successors and assigns, hereby agree to the recording of this
resolution in the chain of title of the property.
Adopted by the Orono City Council on this 25th day of July, 1988.
ATTEST}
y/i.
Hdtbthy M7^1Un, City ------
/f/ /C j.' c. <
Clerk
X -•
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• ^Ex-
Property Owner(s)
of existing retaining wall
s shed must be directed away
wall and drained to either a
B retaining wall or via an Page 3 of 4
ftONO :1TY COUNCIL to ••�h of the retain ing wall 1cr eningi and gr oundcove r emove 157 a.f. of existing l"a. Such hardcove r retnova :a.• :ion run with the property no.t only and muat be ex erciaed by hin one year of th e date of expire on that da te (July 25,
with any of the te rms and natitute a vi ola tion of the ,inat any author ity gr an ted !eaeanor.
, understo od and he�eby agreebehalf of themae lvea, their Jree to the rec ording of thia property.
1 thia 25th day of July, 1988.
City of ORONO STATE OF MINNES OTA ) ) ss. COUNTY OF HENNEPIN ) RESOLUTION OF THE CITY COUNCIL NO. 24 ·; 4 On this 25th day of July , 198..abefore me a Notary Public within and for said county, personall y appeared Gene E. &Catherine �canlgn, bns�aod and wj fe known to me to be tbe person(s described n and who executed the foreg oing instrument, and ackn owledged that he (they) executed the same as his (their) free act and deed.
STATE OF MINNESOTA) >••· COUNTY or HENNEPIN)
,,,, .....
NOTAlt PUBLIC
9/8/92
MY COMMISSI ON EXPIRES
on this ...... """""I"-----� day of--���--=----' 198, before me a No tary Public within and fo r said County, person ally ppeared known to me to be he peraon(a) described in and who executed the foregoinginatrWNn, and acknowl edge d that he (they) ex ecuted the sa me as his (their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
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