HomeMy WebLinkAboutResolution 1477 � ,
C�t� o� ORONO .
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. �; RESOLUTION OF THE CITY COUNCIL
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Granting Varinaces To Municipal -
Zonir�g Code Sections 34.552 and 34.S1RJ - File No. 733
Whereas , Joseph Lof�ano is the owner (hereafter "owner") of
property located within the City of Orono (hereafter "City" ) at 3365
Crystal Bay Road , legally described as Lot 13 , Wal.lace' s Addition to
the Village of Minnetonka Beach, (hereafter "the property") ; and
Whereas , the owner has applied to the City for variances to
municipal zoning code section 34. 552 and 34 . 510 to al�ow construction
of a 24 ' X 2G.1 ' addition to the rear of the existing house 4 feet from
the east side property line instead of the required lq feet, 6 feet from
the rear property line instead of the required 3D feet per Section
34 . 552 and to permit �n increase of 145 square feet of hardcover over
the allo��ed 1 ,6?5 square feet of hardcover per Sec�tion 34 . 510.
Now, Therefore Be It Resolved by the City Council of Orono ,
• Minnesota :
Findings �
1 . This application was reviewed as zoning file no . 733 .
2. The property is located in the LR-1C Single Family Lakeshore
Residential Zoning District. �
3. The proposed addition is to be no larger than 24' X 2� .1 ' .
4 . The Orono P.lanning Commission reviewed this application on
March 21 , 1983 , and recommended approval of the variance as .
requested , based upon the following findings:
a) Current application involves less of an encroachment
than the variance application approved in 1973 .
b) The size of the 1ot and proposed improvements are
consistent with the surrounding neighborhood ' s pattern of
development.
c) The rear setbacks of the existing structures on abutting
properties are consistent with the setback of the proposed
addition.
• dl The property abutts the railroad property at the rear .
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���� ��. Clt� o� ORONO
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^" RESOWTION OF THE CITY COUNCIL
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��'� 1477 �
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� 5 . The City Council has considered 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 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 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 necessary to •
alleviate a demonstrable hardship or difficulty; is necessary 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 . S1g to allow construction of a 24 ' X
26. 1 ' addition to the rear of the existing house with a 4 feet setback at
the east property line , a 5 feet setback from rear property line and an
increase of 145 ' square feet of hardcover , subject to the following
conditions:
1 . Applicant must direct all roof drainage away from the side
. property lines .
2. Applicant is placed on notice that if additional
improvements on the site involve hardcover , that existing
hardcover must be removed to match the new hardcover proposed for
the site .
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3 . No other variances are granted or permitted for this
structure. .
4. . 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 within one year of the date of
Council approval , or this variance will expire on that date
(April 11 , 1984) .
• 5. Violation of or noncompliance with. any of the terms and
conditions of this variance shall constitute a violation of the '
zoning code, shallautomatical.lyterminateanyauthority granted
herein, and shall be punishable as a misdemeanor .
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��� . Cit� o� ORONO �
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` "�'�' RESOLUTION OF THE CITY COUNCIL
'�' NO. 14 7 7
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• C�. The undersigned owner has read , understood and herebyagrees
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.
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Adopted by the Orono City Council on this 11 day of April , 1983.
ATTEST: CITY OF ORON
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City Cle k Mayor
(1)
Prope ty 0 ' er (s)
• STATE OF MINNESOTA
)
) ss.
COUNTY OF HENNEPIN )
' On this r/ day of � , 1983, before me, a Notary Public
within and for sai Cou- ty, personally appeared
known o m to be e person (s) described in and who executed the
foreg ing instrument, and acknowledged that he (they) executed the .
same as 'his (their) free act and deed .
� :•A« .� MARY S.WOYTCKE
i �' :�' ,� NO'na�tpus�;C-MINNESOTA NOTARY BL C
��� H�NNEPIN COUNTY
� ��„���y.,��1987 ��: �q ����
MY COMMISSION E,XPIRES
This doc�ument 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 by:
City of Orono .
• P.O. Box 65
Cryst�l Bay, MN 5532;i