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HomeMy WebLinkAboutResolution 1494 .�'�. ;; ���� � Cit o� ORONO _ .�:��_.�..:w� . � • ;�: . _ . �,� � .. �.�..,,.�,.}.e. .�r;. . :. . ���:,�r RESOWTION OF THE CITY COUNCIL ..� �,,, NO. 14 9 4 � +•��<� ,� �`� ,►; • �r�'+r`�: � . . 4 ..ta. . � . � _ � " ��'`;� Granting Variances to Municipal �•;��•R;�;�4�-^;u,� ' Zoning Code Section 34.510 File 746 . Whereas , Mike Sjeklocha is the owner (hereafter "owner") of property located within the City of Orono (hereafter "City" ) at 1424 Baldur Park Road legally described as Lot 9, Block 1 , Baldur Park (hereafter "property") ; and � Whereas , the owner has applied to the City for a variance to � municipal zoning code section 34 . 51P1 to allow a 15 ' X 25' rear addition to his existing residence resul�ing in an increase of 375 square feet of hardcover over the allowed amount of 1 ,163 square feet of hardcover for the property within the 75 ' -250 ' setback area as allowed by Section . 34. 510 . • Now, Therefore Be It Resolved by the City Council of Oronb , Minnesota : � . Findings • 1 . This application was reviewed as zoning file no . 746. 2. The property is lbcated in the LR-1C Single Family Lakeshore Residential zoning district. • 3. The proposed addition is to be no larger than 15 ' X 25' , two - stories high. 4 . The Orono Planning,Commission reviewed this application on May 15, 1983 , and recommended approval of the variance as requested based upon the following findings: . , a) The proposed addit.ion is consistent with the improvements to existing residences on other propertieson Baldur Park. b) No additional land is available. � c) The location and use of the addition will not be detrimental to the public health , safety and welfare nor have a detrimental effect on the surrounding property value� . d) The proposed variance application does not require any • other variances to the municipal zoning code. � Rr . "� �� ������� Clt o� ORONO • �� � ���;�..� � � � ''"'���`��" RESOLUTION OF THE CITY COUN.CIL ��,��} . :a�,:;;� �>���- ��`��t NO. 14 9 4 . •� �'::�,;: =:��;::�; ; : _..... • : ;.'t,,.J.s,* ,;jt, 5. The City Council has considered this application including the findings and recommendations of the Planninq 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 app.ly 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 ademonstrable hardshipordifficulty; isnecessary 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 a variance to Section 34 . 51� to allow the construction of a 15' X 25 ' addition to the rear/street side of the principal structure and approves an increase of 375 square feet of hardcover within the 75' - 250 ' lakeshore setback area over the allowed .amount of hardcover at 1 ,163 square feet per Section 34. 51� , subject to the following conditions : 1 . The 11 ' X 14 ', screened structure locate�l within 0-75 ' of the lakeshore is a non-conforming structure and subject to all pertinent secti.ons of the Orono Zoning Code. 2. The City wi�.l grant no future variances to this property. • 3 . 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 wi11 expire on that date (June . 13, 1984) . 4 . Violation of or noncompliance with any of the terms and ' conditions of this variance shall constitute a violation of the : zoning code , shallautomaticallyterminateanyauthority granted herein, and shall be punishable as a misdemeanor . ,'.. � . . . ��� � k Clt� o� ORONO � �. �•�y • a�a r � {yr�� . . 'A �R� 1 �..�;t-x����"�, RESOWTION OF THE CITY COUNCIL �° ,�.., ,�,. _ . �. NO. 1494 . ���,,��,; ,� : , .� • :�:;'x: ,�_, n �; . � • i. ..., ' r�°�,ks,'.`.' � 5. 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. Adopted by the Orono City Council on this 13 day of June , 1983. � ATTEST: CITY OF ORONO ( /J"''Z�A�j � �/�ir2. J C � . �Clty Clerk �� Mayor � � , (1) . � Property 0 (s STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) � _ On this /3 day of G� , 1983 , before me a Notary Public within nd for sa ' nty personally appeared known to me to . the person (s) described in and who executed the foregoing instrument , and acknowledged that he (they) Pxecuted the same as his (their) free act and deed . " �n..r..�...►.,._��....�_ �/!/y�� ,e:'%G' . dERHARdSOt� NO ARY PUBL� C c�'ou nr , , . � . . .._ �� _ . . __ , . _ . _ . , ... _ .._. . _ . . _ �� �' _ MY COMMISSION XPIRES This document is being recorcled 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 66 Crystal Bay, MN 55323