HomeMy WebLinkAbout1983-06-13 Resolution 1496City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1496
Granting A Variance to Municipal
Zoning Code Sections 34.552 and 34.610 - File 748
Whereas, Sandra George is the owner (hereafter "owner") of
property located within the City of Orono (hereafter "City") at 3399
Crystal Bay Road, legally described as All that part of Lot 18 lying
East of the West 10 feet thereof, except that part of said Lot 18 lying
Northeasterly of a line described as beginning at the most Easterly
corner of said Lot 18; thence Northwesterly through a point described
as follows: Commencing at said most Easterly corner; thence
Northwesterly along the Northeasterly line of said Lot 18 a distance of
175 feet; thence deflecting left 900 a distance of 5 feet to said point,
Wallace's Addition to the Village of Minnetonka Beach, (hereafter
"property"); and
Whereas, the owner has applied to the City for variances tomunicipal zoning code sections 34.552 to allow construction of an
addition setback 8 feet from the interior side lot line instead of the
required 10 feet and to section 34.610 to allow a 4% increase of
hardcover over the existing 2,758 square feet of hardcover already 5%
over the allowed 2,280 square feet or 25% of hardcover within the 75' to
250' lakeshore setback area.
Now, Therefore Be It Resolved by the City Council of Orono,
Minnesota:
Findings
I. This application was reviewed as zoning file no. 748.
2. The property is located in the LR-LC Single Family Lakeshore
Residential zoning district.
The proposed improvements to the property shall be limited to
a 4'1 increase in hardcover for a total hardcover variance of 94.
4. The Orono Planning Commission reviewed this application on
May 16, 1983, and recommended approval of the varainces as
amended based upon the following findings:
a) The proposed improvement, as amended, is consistent with
the pattern of neighborhood development.
b? There is no additional land available.
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 1496
5. The City Council has considerec this application including
the findings and recommendations of the Planning Commission,
reports by City staff, comments by the owner and other interested
persons, and the effect of the proposed variances on the health,
safety and welfare of the community.
6. 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 effect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would
not merely serve as a convenience to the owner, but is nFcessary to
alleviate a demonstrable hardship or difficulty;isnecessary to
preserve a substantial property right of the owner; 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 the above findings, the Orono City Council hereby grants
variances to Section 34.552 and 34.610 to allow construction of an
addition to the existing residence on the above described property to
be located 8 feet from the interior/side property line instead of the
required 10 feet and to allow a 4% increase of hardcover over the
allowed 2,280 square feet or 25% within the 75 feet to 250 feet
lakeshore setback area subject to the following conditions:
1. All improvements for the property are limited to a 4%
increase in hardcover.
2. No other variances are granted or permitted for this
structure.
3. The seeding of gravel drive on west side of house and in rear
yard completed prior to final inspection by Building Inspector.
4. The City will approve no future variances for this property.
5. Authorities granted by this variance run with the property
not with the owner, but are permissive only and must be exercised
by application for a building permit and/or occupancy
certificate within one year of the date of Council approval, or
this variance will expire on that date (,June 13, 1984).
A. Violation of or noncompliance 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.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1496
7. The undersigned owner has read, understood and h,,reby agrees
to the terms of this resolution and on behalf ar himself, his
heirs, successors and assigns, hereby agrees t�) the recording of
this resolution in the chain of title of the property.
Adopted by the Orono City Council on this 1' day of June, 1983.
ATTEST:
CITY OF ORONO
City Clerk Mayor
(l) —
Property Owners)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /3 day of ant, , 1983, before me a Notary Public
within ;and for saidyCo nty, personally appeared
knoQn to me to be'the p6rson(s) described in and who executed the
foregoing instrument, and acknowledged that he (they) executed the
same as his (their) free act and deed.
is4&HN R. OERHARd90N
WAXY ►USUC•MINNESOTA
�M NCOUNTY04
C•L
NOTA Y PUBLIC
COMMISSION EXPIRES
This document is being recorded for the benefit of the City of Orono per
Minnesota Statutes 386.77.
State Deed Tax Due Hereon: Exempt
This instrument was drafted bv:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323