HomeMy WebLinkAbout1989-06-12 Resolution 264116
City of ORONO
RESOLUTION OF THE CITY COUNCIL
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2641
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 6 (B), ARID
SECTION 10.03, SUBDIVISION 12
FILE #1402
WHEREAS, John Lehmeyer (hereinafter "the applicant") is
the owner of the property located at 320 Crestview Avenue within
the City of Orono (hereinafter "City") and legally described as
follows:
Lots 2, 3, 4, and the north 40.0 feet of Lot 5, all within
Block 6, "Bayside Addition to Lake Minnetonka", Hennepin
County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.23, Subdivision 6
(B) to permit the construction of a deck to be located 28' from
the rear lot line where a 50' rear yard setback is normally
required, and a variance to Section 10.03, Subdivision 12 to
allow the attached deck to extend to a distance less than the
required 10' from the existing detached garage.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1402.
2. The property is located in the LR-lA Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on May 15, 1989 and recommended approval of the proposed
variances based upon the following findings:
A) The proposed deck will have no signi�icant impact
on neighboring properties.
B) The proposed deck replaces in kind a deck that had
previously been removed to accommodate a swimming pool
which itself now has been removed. Applicant intends
to also replace in kind the existing deck, including an
access stairway 4' from the garage.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _
2by1
The proposed deck in conjunction with construction
of a fire wall in the adjacent detached garage will not
pose a fire hazard to the property. The proposed deck
has a platform height of 61, normally requiring
maintenance of a 1C' s--back from other structures.
4. The City Ccuncil has considered this application
includ'_ng the findings and recommendations of the Planning
Commission, reports by City staff, comments by the applicant
and the effect of the proposed variances on the health,
safety and welfare of the community.
5. The City Council finds that the condit existing on
this property are peculiar to it and do not :-ly generally
to other property in this zoning district; t 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 applicant, but is necessary to al3eviate
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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants a variance to the Municipal
Zoning Code Section 10.23, Subdivision 6 (B) to allow
construction of a deck 28' from the rear lot line where a 50
rear yard setback is normally required, and grants a variance to
Section 10.03, Subdivision 12 t- allow the deck to be 8' from the
detached garage with a stairway extending to a distance of 4'
from the detached garage where a 10' setback is normally
required, subject to the following conditions:
1. The portions of deck and stairway within 10, of the
garage may never be enclosed either above or below the deck
platform.
2. A suitable fire wall shall be constructed with.i,i the
existing detached garage per building code requirements.
3. Authorities granted by this resolution 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 (June 12, 1990).
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. '1641
4. 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.
5. 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 of title of
the property.
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 12th day of June,
1989.
AT T:
bbfothy 'Hallin, City Clerk Jamey R. Grabek, ayor
JL
41
�✓\ ✓mil l 11L•1L-
Eroperty Ot7ner (s ) J
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged L,.-fore me on
this 12th day of June, 1989, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minresota
municipal corporation and said instrument was executed on let%a'f
of the City.
Notary Public I}/e�iQl: K. SCKEFFLE2
N Act IU6LIC — MINP4150TA
hENNEPIN COUNTY
My cornmwon uwres6.8.93
I
My Commission Expires
Pace 3 of 4
City of OHONO
RESOLUTION OF THE CITY COUNCIL
NO. -641
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
nn thi s r)��?n day of IIJ1980
before me--a—Not Try Public within and or said county, personally
appeared , hNl� �f 1�1`'`� 1 hit (�'�� �- FPOJ' yjj� known to me to be
the person(s) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
r
NOTARY '
LtiURIE K. S�N�FFLER
_ c ic. NOTACt WEUC—MINf1►SOTA
HENNEF.N COUNTY
•~ My ccmmission •xpirns6.9.93
MY CONLVIISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 198, before me
a Notary Public within and for said County, personally appeared
known to me to be the
person(s) described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
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