HomeMy WebLinkAbout1987-09-18 Resolution #2253—l|IJ<*UA*, A)'
4 City of ORONO
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RESOLUTION OF THE CITY COUNCIL
NO. 22S.^________
A RBSOLOTIOM GRAniHG
VARIAHCBS TO
mnilCIPAL SOHIMG CXN>B
8BCTI0H 10.22» SUBDIVISI0B8 1 « 2
PIU fll72
HBBRBAS, Christine Beck (hereinafter "the applicant ”) is
the owner of the property located at 3820 Cherry Avenue within the
City of Orono (hereinafter "City") and legally described as Lots 3, 4*
and 5« Block 3 Crystal Bay View, Hennepin County, Minnesota
(hereinafter "the property"); and
WBBRBAS, the applicant has applied to the City for
variances to Municipal Zoning Code Section 10.22, Subdivisions 142
to permit the construction of a deck to be placed 27 feet froa the
shoreline instead of the required 75 feet per Subdivision 1 end
creating 454.4 s.f. of new hardcover in place of 509.5 s.f. of
existing hardcover resulting in a total reduction of 55.1 s.f. or .5%
of hardcover within the 0-75* lakeshore protected area where none is
allowed.
Minnesota :
HON, TBBRBPORB, BB IT RB80LVBD by the City Council of Orono,
PXHDXB6S
1. This application was reviewed as Zoning File #1172.
2. The property is located in the LR-lB Lakeshore Residential
Zoning District.
3. The Orono Planning Commission reviewed this application on
August 17, 1987, and reconunended approval of the proposed
variance based upon the following findings:
a) The house was placed on the property prior to standards
for lakeshore development.
b) The wetlands along the east and south side of the
property place restrictions on the building envelope.
c) There is no feasible area for the proposed deck out of
the lakeshore protected area because the living areas of the
house are completely located within the protected area.
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^ VI City of ORONO
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•P-RESOLUTION OF THE CITY COUNCIL
NO. 2253
d) The majority of the surface runoff from the property
flows to the lower elevations along the east side of the
property. The break in drainage occurs approximately along
the front line of the house. The majority of new hardcover
will be placed behind the front line of the house.
e) The proposed improvement will result in an overall
reduction of .5% of hardcover within the O^TS feet lakeahore
protected area.
4. The City Council has considered this application including
the findings and recommendations of the Planning Coainiasionf
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 zoning district; that granting the variance
would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other da\;iger 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.
C0HCL0SI0H8, OSDBR AMD COHDITIOHS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants variances to the Municipal Zoning
Code Section 10.22, Subdivisions 1 & 2 to pt^^ioit the construction of a
lakeshore deck at the residence located at i.820 Cherry Avenue subject
to the following conditions:
1. The existing storage structure Ic. tted 15 feet from the
shoreline is to be removed prior to conat'^cvirtion of the deck.
2. Underlay area of proposed deck to remain in natural state,
ground cover to be restored when possible - r» lining walls that
remain to provide stability of existing bank.
TI
City of OROIVO
i
RESOLUTION OF THE CITY COUNCIL
NO, _ 2253
mithorlties 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 within one year of
the date of Council approval, or this variance will expire on
that date (September 14, 1988).
5. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of tho
zoning code, shall automatically terminate any authority granted
herein, and shall be punishable 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 cf title of the property*
Adopted by the Orono City Council on this 14th day of
September, 1987.
ATTEST; ✓
^ - ■* " '^kallin. City Cleric/Iborothy
Property OwnerTs)
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• I
City of ORONO
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ORONO^
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RESOLUTION OF THE CITY COUNCIL
NO. 2253
STATE OF MINNESOTA )
) 8S.
COUNTY OP HENNEPIN )
On this
before me a Noj^a.ry Public within and
appeared
otary Public within <
o oe the persohis) de
day of
tfithin and rtr said cot
198^
county« personally
kno«m to me t<n>e the persbfns) described in and who executea tha
foregoing instrument* and acknowledged that he (they) executed
the same as his (their) free act and deed.
V ••"satsr,.TfinSiA L. NAAS------. ijnnmotaeOUNTV
NOTARY PUBLIC
ION EXPIRlMY COMMISSION EXPIRES
STATE OP MINNESOTA )
)b8.
COUNTY OP HENNEPIN )
On this _ _ __ day of _ _ _ _ _ _ _ _, 198_, before me
a Notary Public within and for said County* personally appeared
known to me to be the
perBonTsl describedir and who executed the foregoinginstrument*
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
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