The URL can be used to link to this page

Home My WebLink AboutResolution 4673 z4 ON. (70 O CITY of ORONO r4144 Gti RESOLUTION OF THE CITY COUNCIL \kES� NO. 4673 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (A) AND SECTION 10.56, SUBDIVISION 16 (L) (1) FILE NO. #01-2690 WHEREAS, John Allen Eiden, (hereinafter "the applicant") is owner of the property located at 330 Big Island within the City of Orono (hereinafter "the City") and is legally described as follows: • Lot 70 and the Northerly 30 feet of Lot 71, Morse Island Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on July 16, 2001, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant applied to the City of Orono for variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit replacement of a 318 s.f. deck 32' from the OHWL of Lake Minnetonka, constituting structure and hardcover within the 75' lakeshore protection setback; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #01-2690. 2. The property is located in the RS Seasonal Recreational Zoning District. 3. The Orono Planning Commission reviewed this application on July 16, 2001 and recommended approval on a vote of 7 to 0 for variances based upon the following findings and hardships: Metro Legal Services Inc. Page 1 of 5 Box 491 O O A;/v 0 4, _ I) CITY of ORONO * i fin C,� ' RESOLUTION OF THE CITY COUNCIL NO. 46713 \kES� A. Total hardcover within the 0-75' lakeshore setback would not exceed 1,120 s.f. (18%) that existed prior to removal of the previous deck. B. The previous deck had deteriorated and had become a safety concern. C. In 1983 the Council approved an automatic lot area variance that approved the lot as a record lot. The variance allows the lot to be used for one-family seasonal recreational use without a structure; or a single new seasonal dwelling may be built; or an existing seasonal dwelling may be used, improved and/or added onto; without requiring further City Council review of lot size. D. According to historic surveys and 1999 photos of the property the lakeside deck did exist and is similar in size and dimension to the replacement deck. 4. 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 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. 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit replacement of a 318 s.f. deck 32' from the OHWL of Lake Minnetonka, constituting structure and hardcover within the 75' lakeshore protection setback, subject to the following conditions: Page 2 of 5 to- CITY of ORONO • p li �ti RESOLUTION OF THE CITY COUNCIL N< ES_HNO. 4675 1. The deck replacement is approved as shown on the survey attached to this resolution as Exhibit A. 2. 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 (July 23, 2002). 3. 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. 4. The undersigned applicant has read, understand 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. Page 3 of 5 7O O i.^ o.- CITY of ORONO 111A &I /1/) �t 111 � RESOLUTION OF THE CITY COUNCIL Ike log. / NO. 4 6 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of July, 2001. ATTEST: ZZ/0 Oik-gz-e-420141.4f/ Linda S. Vee, City Clerk Barbara A. Peterson, Mayor 'roperty Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of July, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota munici.al co 'oration and said instrument was executed on behalf of the City. RACHEL DODGE ti l' to" NOTARY PUBLIC-MINNE:'OTA S a My Commission ExpiresJan.31,2005 C 7a,c 7C.. 77)GC1/c,� e_ J✓_/l./S//l.,r./IJi_�-�_i�_��-!l!�Il./E� Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this (78' day of , 9&e Geer , 20 C/ before me a Notary Public within and for said county, personally appeared ,,2-7)/-7 //ec F/ ), 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. --.. esommossespossues ,A RACHEL DODGE // NOTARY MCC Notary Public PUeL u• : MyCommission Espies it,31,-`� Page 4 of 5 yam_ C ti� \ \ Exhibit A �~° 4 6 7 3 �Ur�irrlprovS.) �� /a..? a 6./ (-, 6 Av6NUe is11/w,„ �\ ni33�3°'E N �.� —90,oa-- iron _--- ''''/ivy � v6Ct�L arr ¢ 1 \ N w i 1 x X cl1 fu X 1 \ 1 CJ il'rn l 1 1 cak 0/Ii\41 N (• Ia 0 Ww' •' 70 07 Q X • h, �. ?8 1. NC� CcOr)4i , z8s Z53 �0 ' - co 0 x -� I 30 �\ \ �- o '1(;),471"."a .o ca / °9' S �o o � fa ill i �+ — �1 m )ecl ° a.x t ij :7_....,., '''' ''.. 5-' ,`',?05-' ,`',?0 S9 l-t- 1 1, Page 5 of 5 — - • f I. • t• : i • r . , . ' • 4I‘ i 4 .., . i...-ict, '..,..-: c:-• rno C) 0 I i --•^C) i ... -.. Cp 7.7 --c I, .-• r. a, CD ..-..r 1 CA 3 '-2.=- ,-, 1 .":!... - _ "4"..t"• •-i ... Cu: