HomeMy WebLinkAbout1985-05-28 Resolution 1768City of ORONO
RESOLUTION OF THE CITY COUNCIL
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RESOLUTION DENYING VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2,
SECTION 10.55, SUBDIVISION 8, AND
SECTION 10.03, SUBDIVISION 15 (D)
FOR PROPERTIES LOCATED AT
3424 AND 3444 EASTLAKE STREET
FILE #876
WHEREAS, the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota;
and
WHEREAS, pursuant to State Statutes 412 et. seq. and
462 et. seq. the City Council has adopted zoning regulations for
the protection of the public health, safety and general welfare;
and
WHEREAS, Randy Asplund has applied for variances to
Municipal Zoning Code Section 10.22, Subdivision 2 and Section
10.55, Subdivision 8 to permit construction of patios (excess
hardcover) within 75 feet of the lakeshore on properties legally
described as Lot 2 and Lot 3, Bayside Beach; and to permit con-
struction of an 8-foot high fence on Lot :3, bayside Beach, which
fence would be located less than 10 feet from the right-of-way of
Eastlake Street and within the lakeshore yard area.
WHEREAS, the City Council has reviewed the application;
the recommendations of staff and the Planning Commission; com-
ments of Lhe neigh.,oring property owners; and comments made by
the applicant.
NOW, THEREFORE BE IT RESOLVED, that the City Council of
the City of Orono hereby denies the requested hardcover variances
(Sections 10.22, Subdivision 2 and Section 10.55, Subdivision 8)
for Lots 2 and 3, Bayside Beach, and denies a variance for con-
struction of. an 8-foot high fence (Section 10.03, Subdivision 15
(D) ) on Lot 3, Bayside Beach, based on o..e cr more of the
following findings of fact concerning this properties:
1. The properties are located in the LR-lA Single Family
Lakeshore Residential District and were granted variances
for substandard building sites per Resolution #1341 by the
City Council, dates] December 14, 1981. Building permits
were subsequently issued for single family residences, the
plans for which did not include patios or fences.
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city of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 1768
2. Condition 4 of Resolution #1341 stated ir. part that "All
proposed structu-es and additional improvements must meet
the 75' setback from the lakeshore."
3. The concrete patios are considered structires and were
installed without a permit being issued in violation of the
lakeshore setback and hardcover zon4.n,, cede requirements,
which allow 08 hardcover and no imps -)vements in the 0-75'
lakeshore setback zone.
4. Applicant has not demonstrated that a substantial hard-
ship exists.
5. Construction of an 8' fence as proposed would be detri-
mental to the neighborhood and would decrease the lake view
for the neighboring residences on Eastlake StLeet.
6. The granting of the required variances would result in
the following violations of Section 10.08, Subdivision 3 (A)
of the Zoning Code with which the applicant must first
comply before the requested variances can be granted:
a) In review of the factual findings noted above, the
plight of this applicant was created by his own actions
and has nothing to do with a unique hardship related to
the land.
b) There are no special conditions applying to the
land in question which are peculiar to the land or
immediately adjoining property.
c) The granting of the application is not necessary
for the preservation and enjoyment of a substantial
property right of the applicant.
d) The granting of the variances would be contrary to
the intent of the Zoning Code and Comprehensive Plan.
e) The granting of the variances will serve mainly as
a convenience to the applicant, and is not necessary to
alleviate demonstrable hardship or difficulty.
7. The applicant has not introduced any evidence contrary
to any of the above findings of fact.
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City of ORONO
RESOLUTION OF THE CITY f.IIUNCIL
NO. 1768
FURTHERMORE, BE IT RESOLVED that the City Council of
the City of Orono hereby orders the applicant to remove the
concrete patio at 3424 Eastlake Street by June 15, 1985 and the
concrete patio at 3444 Eastlake Street by July 30, 1985, and
violation of or non-compliance with this resolution shall
constitute a violation of the zoning code and shall be punishable
as a misdemeanor.
Adopted by the City Council of the City of Orono,
Minnesota on the 28th of May, 1985.
ATT ST:
rothy Hallirf, City Clerk Mar C. But r, Mayor
J �
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