HomeMy WebLinkAbout1990-09-10 Resolution #28675721346
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2867
A RESOLUTION GRANTING
VARIANCES TO
14UNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 i 2
FILE #1561
WHEREAS, Christine Beck (hereinafter "the applicant")
is the owner of the property located at 3820 Cherry Avenue within
the City of Orono (hereinafter ''t i ty") and legally described as
Lots 3, 4, and 5, Block 3, Crystal Ray View, Hennepin County,
Minnesota i herei n i f ter "the property''); and
WHEREAS, the applicant has applied to the City for
variances to Municipal Zoning Code Section 10.22, Subdivisions 1
and 2 to permit an expansion of a lakeside deck that will extend
37' frim the shoreline instead o: the required 75' resulting in
30 square feet of additional hardcover, resulting in a total of
1,804.4 square feet or 16% of hardcover within the 0-75' setback
area where none is allowed.
NOW, CHEREFORE, BE IT RESOLVED by the Cite Council of
Orono, Mi:.nesi i:
FINDINGS
1. This application was reviewed as Zoning File 01561.
2. The .,7perty is located in the LF. -1C Single Fam.. y
Lakeshore Residertial Zoning District requiring 1/2 acre in
area. The property consists of 30,540 s.f. . or .7 acres.
3. The Orono ]Planning Commission reviewed this application
on August 20, 1990 and recommended approval of the proposed
variance baser upon the following findings:
TRANSFER EN tERED
40V R lm
A) "'he deck extension along the front of the house
w. l provide less of a visual impact and is less
intense in structure than the portion of the existing
structure to be removed.
B) Fxpansiori will result in minimal rardcover
increases (30 s.f.) and encroachment into the 1 akes'iore
protec*ed area (4").
Page 1 of 3
City of OROiNO
RESOLUTION OF THF CITY COUNCIL
NO. 1867
4. The C 1:ouncil has consider .d this application
including 3 findings and recommenOr.tions of the Planning
Commission, reports by City staff, comments by the applicant
and the effect of the proposed variance on the health,
safety and we 1 f dre of the community.
S. The City Council finds that the condi* ors ;:;<isting on
this property are peculiar to i-` and do r>Iut 3-)p1, generally
to other property in this zoning district; that granting the
variance would not adversely affect traffic condi `_ions,
1 ight., air nor pose a f ire hazard or other danger to
neighboring property; would not merely serve as a
cone - -nience to the applicant. bu' is ne.:essary to a 1 eviate
a de,nonstrab l e hardship or difficulty; is necessary to
preserve a substantial property right of the applicant; and
wou 1 1 be in keeping with the spirit and intent of the Zoning
(-:.de and Comprehensive Flan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon
one or
more (.
the findings
noted above, t:ne
Orono Cit %, Coun(-i 1
hereby
grants
variance', to
Municipal Zoning
Code Section 10.22,
Subdivisions
1 and to
permit lakes;de
expansion along the
front
line of
the houc:_ of
an existing deck
that will encroach 4"
into
the 1 akesh�r -- atLack
area and result
in an it crease of 30.4
square feet
of a___ : bona 1
hardcover. Thi:;
approval is subject
to the
following conditions:
1. Authorit granted by this resolul ion run with the
property not wi._.. the applicant but are permissive only and
must be exercised by application fc)r a bui ldinq permit
within one year of the date of Counc- 1 approval, or this
varianc, will, expire on that date (3eptt.Irber 10, 19190).
2. Violation (-)f or non -comp l 4 ri.-., with any of the terms and
conditions of this it Bance all c.-aystitute violation of
the zoning code, shz 11 automat J ca 1 _ermina� authority
gran` ed :_P rein, and sha l l b�:- punish.,...,.) l e any a n _ ,demeanor.
.3. Thi, tinder.�signed appl i cant has rea.. understood and
t,ereby agrees to the terms of this resolution and on behalf
of 1-1o�rsel i, her heirs, .5-;ccessr i , and assigns, hereby agrees
to the recording of this revolution ir, the chain of tit le r�t
ttie property.
F e .. of 3
13
Minnesota
1990
city of ORO -NO
RESOLUTIOt. OF THE CITY COUNCIL
NO. 2867
Adopted by
the Cit•r
Council of the City
of Orono,
at a regular
meeting
hold on the 10th day of
September,
/- / "-� e- ZAC C X�'--
Property Owner(s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
000
,..�-.
Jame$ R. Grabek, Vayor
The foregoinq instrument was acknowledged before me on
this 10th day of September 1990, by James 3rabek & Dorc:th}v M.
Hal 1 in, Mayor A -'ity Clerk of thr ^ity t Orono, a Minnesota
municipal corpor .,ion and said inc t executed on behalf
of the City.
* . 0MA L. NAA•
NWAW r;VSW , JINNESOTA
HENNEPIN COUNTY
a* jmmission •xp+ .s 0.8-92
STATE OF MINNESOTh )
ss.
COUNTY OF HENNEPIN )
b
Notary Public
on *his day of
bt.:ore me a Notary Public within
wA
=-- and or said county,
per sc1
appear
known .ne to be the person (s) described in and who exe-- L .�
foregoing instrument, and acknowledged that he (they) *zocuted
the same as his (their) free act and deed.
THEAE6A L. NAA,
NWAW 't@W • MINhi SO TA
OWMAPIN COUNTY
I* ONNOW" .II6.s 6"
A.._._�__� ._��
Notary Public
aqe 3 c f s
-� 4
i
RESOLU'T'ION 42867
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution of the City Cour -il of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on September- 10 1990 and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this
11th day o f ;epj,,�i;,}Jet 19 90
(SEAL)
orothy M.
ling City Clerk
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