HomeMy WebLinkAboutResolution 4544 � Y - 1
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�b. - CITY of ORONO
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� G'� RESOLUTION OF THE CITY COUNCIL
� � �9k'ESI�04��' . NO. � aS.4 � .
A RESOLUTION GRANTING AN AFTER-THE-FACT VARIANCE
TO MiTNICIPAL ZOI�TING CODE
SECTION 10.56, SUBDIVISION 16 (I.) (1) AND ,
SECTION 10.55, SUBDIVISION 8
FILE NO. #2610
WHEREAS, Jerome J. Hall (hereinafter "the applicant") is owner of the property
located at 80 Leaf Street within the City of Orono (hereinafter "the City") and legally described
as follows:
Tract A, R.L.S. No. 744, Hennepin County, Minnesota (hereinafter "properry");
and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes pand the City of Orono Zoning and Planning Codes, the Orono Planning
• Commission held a public hearing on September 18, 2000 and October 16, 2000 at which times
all persons desiring to be heard concerning this application were given the opportunity to speak
thereon; and
WHEREAS, the applicant has applied to the City for an after-the-fact variance
to Municipal Zoning Code Section 10.56, Subdivision 16 (L) (1) and Section 10.55, Subdivision
8 to permit construction of a replacement deck within 75' of a protected tributary constituting
170 s.f. of hardcover within the 75' setback where no hardcover is normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS .
1. This�application was reviewed as Zoning File #2610.
2. The property is located in the RR-1B One Family Rural Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on October 16, 2000
and rec�mmended approval on a vote of 6 to 0 for a variance based upon the
following findings:
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A. Air photos indicate the pre-existing deck was constructed sometime
between the mid 1970's to the early 1980's. The City does not have a
permit on file for the deck.
B. At its closest point, the deck would not encroach nearer to the protected
. tributary than the old deck (48' from the OHWL).
C. A deck would continue to provide a landing for a sliding glass door
located at the rear of the house.
D. The original deck would have been constructed prior to the adoption of
the Shoreland Ordinance. The Shoreland Ordinance applies to non-
� lakeshore properry. Section 10.22, which is the ordinance that regulated
hardcover prior to 1992, applies only to lots zoned Lakeshore Residential
and only to lakeshore properties. The applicant's property is zoned RR-
� � 1B and is not a lakeshore property. `
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E. The total hardcover for the replacement deck within 75' of the creek is
� • 170 s.f. where 174 s.f. had existed prior to removal of the 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 tra�c conditions, light, air nor
pose a fire hazazd 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
properry 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.
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��b. - C ITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
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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 10.56, Subdivision 16 (L) (1) arid Section
.�.55, Subdivision 8 to permit construction of a replacement deck within 75' of a protected
butary constituting 170 s.f. of hardcover within the 75' setback where no hardcover is
normally allowed, subject to the following conditions:
1. Authorities granted by this variance run �vith 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 (October 23, 2001).
2. 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.
3. The undersigned applicant has read, understands 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
properry.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 23rd day of October, 2000.
ATTEST:
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Lin a S. Vee, City Clerk Gabri Jabbour, Mayo
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Pr�rty Owner ' .
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'�' RESOLUTION OF THE CITY COUNCIL
��`9.kE p4�'G . . NO. � 5 � c�. .
SI3
STATE OF MINNESOTA )
� ) ss.
COUNTY OF HENNEPIN ) • �
The foregoing instrument was acknowledged before me on this 23rd day of �
October, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the.City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
HEIDI N.STURMAN `
NOTARYPtJBLiC.MINNE�TA ' --�
��: My Cotrrrtbsion Enplres Jan.31,2005 ` .
� .,..t. . ,_ _�,;,� Notary Public
STATE OF MINNESOTA )
� ) ss.
� COUNTY OF HENNEPIN )
On this ��day of �)�}���- , 20c7� before me a Notary Public within and for .
� said county, personally appeared s�eo-6rrt°e �.�C�Q�, ��s t na,�c.�4�� 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.
�
HEIDI N.STURMAN • �
D,. NOTARY PtJB11C-MfMVFSOTA
:.:w` MY Commfssfon E�tres Jan.31,2oos Notary Public
�.c : .�..,•.r_-tr��. .. . . . :-c.�..
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 20 before me a Notary Public within and for
� � said county, personally appeared � � knowri 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.
Notary Public
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