HomeMy WebLinkAbout1984-11-26 Resolution 1700city of ORONO
ORONO
RESOLUTION OF THE aTY COUNCIL
NO. 1700
A RESOLUTION GRANTING A VARIANCE TO
MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 fc 2 - PILE #861
That part of Lot 4, Section 8, Township 117 North, Range 23
West of the 5th Principal Meridian described as follows;
Commencing at meander corner between Sections 7 and 8,
Township 117, Range 23; thence South along line between said
Sections to a point where a line running East at right angles
to said Section line from same to shore of Lake Minnetonka
will include 2 acres off North part of Lot 4 said Section 8;
thence at right angles East to shore of Lake Minnetonka;
thence Northerly along said shore to beginning, 2 acres;
(hereafter "property”), and
the applicant has applied to the City for a variance
to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and 10.55
Subdivision 8, to permit the construction of decks and an addition to
the existing house 28 feet from the lakeshore where a 75 foot setback is
required, and to allow an increase in hardcover in the 0-75' foot
2,866 square feet (or 7.5%) to 4,116 square feet (or
10.8%) where no hardcover is allowed.
Minnesota:NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as zoning file #861.
2. The property is located in the LR-IB Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on September 17, 1984, and recommended approval of the
proposed variances based upon the following findings;
a) The existing house is located almost entirely within
the 0-75' setback zone and it would be a hardship to the
owner to move the entire structure in order to meet the
setback and hardcover requirements.
b) The steep slopes at the house site constitute a
hardship to the property.
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CITY
ORONO
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1700________
4. The Council finds that a complete t: odeoff in hardcover
is possible if portions of existing hardcover within the 75-
250* lakeshore setback zone a,re removed in conjunction with
the removal of portions of existing hardcover within the 75*
lakeshore setback zone. This will result in no overall net
increase in hardcover.
5. The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by City staff, comments by the applicant
and the effect of the proposed variance 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
variance 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 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.22,
Subdivision 1 and 10.55 Subdivision 8 to allow construction of decks
and an addition to the existing house 28 feet from the lakeshore where a
75* setback is required, and a variance to Section 10.22 Subdivision 2
to allow an increase in hardcover in the 0-75' setback zone from 2,866
square feet (or 7.5%) to 3,390 square feet (or 8.9%) where no hardcover
is allowed, subject to the following conditions:
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city of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1700_ _ _ _ _ _
ORONO
1.Existing hardcover in the amount of 1,250 square feet
must be removed prior to issuance of certificate of
occupancy, resulting in no net increase in hardcover
over the entire lot. luems to be removed include:
0-75* Zone
Concrete Block Patio
Shed Near Lake . . .
Gravel Driveway Apron
176 sf
130 sf
420 sf
75-250* Zone
Gravel Driveway Apron . . . 524 sf
Total Hardcover to be Removed . . 1,250 sf
2. Applicant is hereby advised that the City will not
approve any future improvements that result in additional
hardcover in the 0-75* setback zone, and that if such
improvements are proposed that they be counterbalanced with
the removal of existing hardcover.
3. Applicant is advised that the existing boathouse is a
legal, non-conforming structure and is subject to the
pertinent ordinances.
4. Authorities 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 (November 26, 1985).
5. 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.
1
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city of ORONd
ri T V
OF
ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1700_ _ _ _
m
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 of title of the
property.
1984
Adopted by the City Council on this 26th day of November^
Mary C.er. Mayor \
(3) Property Owner
■ ’
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11
City of ORONO
city RESOLUTION OF THE CITY COUNCIL
NO. 1700_ _ _ _ _
ORONO
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this
Publ ic
_30_ _day of _ _ _ _' 1984, before me a Notary
wrthfn and for sa id County, personally appeared
known to me to
personfs) describetibe 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.
NOTMy public
JO /^p/yl
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this
Public within
day of_ _
and for
_ _ _ _ _ _ _, 1984, before me a Notary
said County", personally appeared
__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ known to me to
be the person (s) described Tin 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
page 5 of 5
STATE OF HINNESOTA )
)
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 Council 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_ _ _November 26._ _ _ _ _ _ _• 19 84 . and that the sane 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
30th_ _ _ _• day of _ _ _November_ _ _ _ _ _ _ _ _ _, 19 84
'Dd/othy aliin"^ City Clerk
(SEAL)
This document is being recorded for the benefit of the City of Orono per
Minnesota Statutes 386.77.
Bruce D. Malkerson, City Attorney
State Deed Tax Due Hereon: Exempt
This instrument was drafted by:
City of Orono
P.O. Box 66
Crystal Bay. MN 55323