HomeMy WebLinkAboutResolution 1496 } �
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�'� RESOLUTION Of THE CITY COUNCIL
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;�.�Y.. . NO. 14 9 6
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� � �n� Granting A Variance to Municipal
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Zoning Code Sections 34.5.52 and 34.61P1 - File 748
Whereas , Sandra George is the owner (hereafter "owner") of
property located within the City of Orono (hereafter "City") at 3399
Crystal Bay Road , legally described as All that part of Lot 18 lying
East of the West 10 feet thereof, except that part of said Lot 18 lying
Northeasterly of a line described as beginning at the most Easterly
corner of said Lot 18; thence Northwesterly through a point described
as follows: Commencing at said most Easterly corner ; thence
Northwesterly along the Northeasterly line of said Lot 18 a distance of
175 feet; thence deflecting left 9P!° a distance of 5 feet to said point,
Wallace ' s Addition to the Village of Minnetonka Beach, (hereafter
"property") ; and �
Whereas , the owner has applied to the City for variances to
municipal zoning code sections 34. 552 to allow construction of an
• addition setback 8 feet from the� interior side lot line instead of the
required l�d feet and to section 34 . 610 to allow a 4� increase of
hardcover over the existing 2., 758 square feet of hardcover already 5�
over the allowed 2, 280 square feet or 250 of hardcover within the 75' to
25� ' lakeshore setback area. �
Now, Therefore Be It Resolved by the City Council of Orono,
Minnesota :
Findings
1 . This application was reviewed as zoning file no . 748 .
2.. The property is located in the LR-1C Single Family Lakeshore
Residential zoning district. �
3 . The proposed improvements to the property shall be limited to
a 4� increase in hardcover for a total hardcover variarice of 9� .
4 . The Orono Planning Commission reviewed this application on
� May 16, 1983 , and recommended approval of the varainces as�
amended based upon the following findings: .
a) The proposed improvement, as amended , is consistent with �
the pattern of neighborhood development.
• b) There is no additional land available.
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�' Cit� o� ORONO � .
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'�'��� RESOLUTION OF THE CITY COUNCIL �
�� NO. 1496
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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 variances 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 va"riances
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 .61fd to allow construction of an
addition to the existing residence on the above described property to
be located 8 feet from the interior/side property line instead of the
required 1QJ feet and to allow a 4� increase of hardcover over the
allowed 2, 280 square feet or 25� within the 75 feet to 25� feet
lakeshore setback area subject to the following conditions:
l . All improvements for the property are limited to a 4$
increase in hardcover .
2. No other variances are granted or permitted for this
. structure. �
• 3, The seeding of gravel drive on west side of house and in rear
yard completed prior to final inspection by Building Inspector .
_ 4 . The City will approve no future variances for this property.
5. 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 and/or occupancy
certificate within one year of the date of Council approval , or
• this variance will expire on that date (June 13 , 1984) .
6. 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 .
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���� Clt� o� ORONO.
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` '' RESOWTION OF THE CITY COUNCIL
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�"rt NO. 1496
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7 . 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
/�il.r/��!1' �'//. //���l�1?,.�> v
�1`ty Clerk Mayor � �
� (1)
roperty Owner (s)
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
On this � day of �i� ► 1983 , before me a Not�ry Public
within and for said County, personally appeared
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kno to me to b 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 . -
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JOHN R. QERHARDSON NOT RY PUBLI
�' NOTARY PUBLIC-MINNESOtA
� N4►Hoommt��UN�TY� � .
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MY COMMISSION EXPIRES �
This document is being recorded for the benefit of the City of Orono per �
Minnesota Statutes 386 .77 .
• . State Deed Tax Due Hereon: Exempt �
This instrument w�s drafted by:
City of Orono
P.O. Box 66 �
Crystal Bay, MN 55323 �