HomeMy WebLinkAbout1988-01-22 Resolution #2344City of C3RONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 (A) AND 2
FILE #1229
WHEREAS, Richard Hanson (hereinafter "the applicant") is the
owner of the property located at 3826 Cherry Avenue within the City of
Orono (hereinafter "City") and legally described as Lot 6 and 7, Crystal
Ray View, Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances to
Municipal Zoning Code Section 10.22, Subdivisions 1 (A) and 2 to permit the
construction of a three season porch and deck located 69 feet from the
lakeshore instead of the required 75 feet resulting in increases of
hardcover within the 0-75' setback area of 37 s.f. or .49% and within the
75-250' setback area of 1 )2 s.f. or 1.3%.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #122.9.
2. The property is located in the LR -1C Single Farrily Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
December 21, 1987, and recommended approval of the proposed variances
based upon the following findings :
A) The Loss of a 200 year old oak tree if porch is moved out of
the lakeshore protected area.
B) Location of house in relation to 75 feet lakeshore setback
line.
Need for oe x t e r i or access from three season porch.
4. The City Counc•i 1 has considered this application including the
f indingc zind rec ommendat i cns of the Planning commission, reports by
City staff, comments by the app. i.cant and the effect of the proposed
variances on the health, safety and wF, f3ry of the community.
Paqe 1 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. . 3 4 4
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 variances 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 ap, .,.icant, 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 i r.tent of the Zon-ng Code and Comprehensive Plan
of the City.
CONCLUSIONS, ORDER AND CONDITIONS
nased upon one or more of the findings noted above, the Orono
City Council hereby grants variances per Municipal Zoning Code Section
10.22, Subdivisions 1 (A) and 2 to permit the construction of a three
season porch acid attached deck located 69 feet from the lakeshore instead
of the required 75 feet resulting in increases of hardcover within the 0-75
feet setback area of 37 3.f, or .49% and within the 75-250 feet setback
area of 192 s.f. or 1.3%, :subject to the following conditions:
1. The three season porch is to be recesigned so that sliding glass
oors are installed only on the south side of the structure. The
north and east sides of the porch ::ha ., 1 be installed with window
sections.
2. The chimney/outdoor grill Iota l in . 9 Q.f. . f cinq hardcover
within the 0-75 feet lakeshore setback dL, be :emoved prior to
the footing inspection the new cons -ruction.
3. Autiloritie s granted with this rero ution run with the property not
with the applicant., 11u* are permissive only and must be exercised by
application for a bcilding permit within one year of the date of
Council approval, or this variance approval will expire on that date
(January ll , 1989).
4. Violation of or non --comp; fiance with any of the terms an(]
conditions of this resolution shall constitute a violation of the
Zoning code, shall automatically terminat (- a-iy authority grantee
herein, and shall r)e pun i shah l e as a misdemeanor.
5. The unders ':gned a z)plicant has road, understood an,1 horeby agrees
to the terms of this resolution and on behalf of himself, hr s heirs,
sk'ec•rf�ors ,t�nc assigns, hereby a(irees to t ho rc-corfj i ng of this
res�).ution in the cha,n of title of the property.
Pm*e 2 of 4
ATTEST:
Dorothy M.
Property
city 0110 O,R,ON,()
RESOLUTION OF 1HE CITY COUNCIL
NO. 2344 _
Adopted Ly the Orono City Counci 1 on i hi s 11th or -,.X of January.
lin, City Clerk
ner(s
1
;tames R. Gra
F"e 3 a f 4
Mayor
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
cif O]Ft(..10
RESOLUTION OF THE CITY COUNCIL
NO 2344
Ori this r !')j day of -I . (. �v ► �_ I , 198$
before me a Notary Public within and -for said c6pynty, personally
appeared .f`'' Ll ,L.0. � _ •� �' � 2,C -
known to me to be the person(s) described in an who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act_ ar:,' deed.
THERESA t,. NAAS
11*MENNE�p N COUNTY rA
* aowwe ew,p " a?
STATE OF MINNESOTA )
)ss.
COUNTY OF' HENNEPIN )
NOTARY PUBLIC
''l COMMISSION EXPIRES
On this d y of , 198_, before me
a Notary uP l i within and for said County, personally appeared
_ known to me to be the
person s described in en9 who executed the foregoing instrument,
and acknowledged that he (they) executed the same am, his
(their) free act and deed.
NCiTARY PUH11 I t T�
MY COMMISSION EX12°IRFr
Jai v 4 c f 4