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Home My WebLink About1985-06-10 Resolution 1775City of OR ONO RESOLUTION Of THE CITY COUNCIL NO, 1775 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 FILE #914 WHEREAS, Richard C. Kauffmann (hereinafter "the applicant") has an interest in the property located at 2696 Ethel Avenue within the City of Orono (hereinafter "City") and legally described as follows: See Exhibit A, attached WEERFS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 to permit construction of a new residence that will extend 17 feet lakeward, beyond the average lakeshore setback lire of existing residence buildings on adjacent lots. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #914. 2. The property is located in the LR-1C, Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 20, 1985, and recommended approval of the proposed average lakeshore setback variance for new residence based upon the following findings: A) The design of the roof and the elevations of the roof will not create view problems for adjacent residences. B) The neighbors have noted for the public record their approval of the amended setback line. C) The proposed improvement will not diminish sur- rounding property values. D) The applicant seeks no other variances to construct new residence. Page 1 of 4 City Of ORONO RESOLUTION Of THE CITY COUNCIL NO. 1 775 4. The City Council has considered this application including the findings and recommendations of the Orono staff and the effect of the proposed variance on the health, safety and welfare of the community. 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 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 pre- serve 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, to permit the construction of a new residence that will extend 17 feet lakeward, I.eyond the average lakeshore setback line of existing residence buildings on ad- jacent lots subject to the following conditions: 1. Applicant and future owner are hereby placed on notice that decks shall not be permitted along the lakefront of the proposed residence that will extend beyond the approved average lakeshore setback line. 2. Applicant or future owner must relocate current dock that encroaches eastern property owner's dock use area at the time the dock is installed next year. The City will approve no extensions to illegal dock in current use. 3. Applicant and current owner must submit a written state- ment to City upon application for a building permit stating that they agree to remove existing residence prior to final inspection for new residence. 4. Authorities granted by this variance run with the pro- perty 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 10, 1986). Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1 7 7 5 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. 6. The undersigned applicant and owners have read, under- stood and hereby agree to the terms of this resolution. Adopted by the Orono City Council on this loth day of June, 1985. ATTE4T : othy M.' allin, City Clerk iProperty" O�n,q Property Owner 0 Mary C. Butlet, Mayor Tom Frahm, Acting Mayor Page 3 of 4 City of OR ONO RESOLUTION Of THE CITY COUNCIL NO. 1775 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN f On this (c°' I- day of --_1 l/I __ , 1985 before me a Notary Public within and for said county, personally appeared /` Ie-.4A r. L , � V';I,l//i,4,A1n: 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. y Hu1El P. GAFFr,Puft v-a+wnc�� A NO RY PUBLIC M, � �E�N COUNTY MY COMMISSION FXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this Z4-` day of (lftie , 1985, before me a Notary Public within and for said County, personally appeared -A^r,&-r C ,L,+ known to me to be the persons described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ♦CNN„�. K�N�•: 'v��.r �l.. 'N- ✓ �t � -ti MICHAEL P. C�AFr, NOTARY PUBLIC y NOTARY /UBLIC - MINNESp' HENNEPIN CCUtjTY M'CO1��F+rvrti..v„�ll. ; �. MY COMMISSION EXPIRES Page 4 of 4 RESOLUTION n1775 Exhibit A Cert, Mo, 57►110 (Asslett) The Northwesterly 100 feet of Tract d, sscept that part thereof lying Northwesterly of a U" dos- arihad as follwas Beginning at the Bost latterly corner of Tract 1; tlaoace Northeasterly slang a line Mich if erteodod would Intersect the Boat Usterly corner of Tract 1, to a point listsnt 15 foot Southwesterly from said suet latterly corner of said Tract B; thence deflecting right to a point on the Northeasterly lime of mold Tract a distant 5 feet Southoostarly fron sold most Easterly corner of said Tract B, and amid line there ending. Registered land Surrey Mo. 115, Mae of Rsgistrar of Titles. County or Hennepin; Cert, M. SYhltl (R%clett) Tract !, escept that part thereof lying Northwesterly of a line descrsosd as follows: Beginning at the moot Easterly corner of Tract Z; thence Nerthesaterlf elong a line which iC saUnded would intersect the most fh•starly corner of Tract B, to ■ point distant 15 feet Southwsterl! from sold swot Usterly corner of sold Tract B; thence deflecting right to a point on the Kortheasterly line of Tract & distant 5 foot Southeasterly from sold most latterly corner of said Tract 1, and said lime there ending, Registered Ind Survey Mo, 115, files of Registrar of Titles, County of Nonnapin;