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Home My WebLink About1987-10-12 Resolution 2279City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 22 79 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 AND SECTION 10.23, SUBDIVISION 6 (B) FILE #1184 WHEREAS, Gerald T. McCourtney (hereinafter "the applicant") is the owner of the property located at 1055 West Ferndale Road within the City of Orono (hereinafter "City") and legally described as follows: See Exhibit A, attached, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.23, Subdivision 6 (B) to permit the construction of bathroom, dinette, and laundry room additions to the existing structure resulting in an increase of 2.1% or 369 s.f. of hardcover within the 75-250 feet lakeshore setback area where only 25% or 3,968 s.f. if allowed and a side setback variance of 13'3" feet for the bathroom addition that will encroach ].'9" further into the existing substandard yard area than the existing structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1184. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 8, 1987, and recommended approval of tiie proposed variances based upon the following findings: A) Over 50% of the area of this property is located within the 0 to 75 feet lakeshore protected area. B) The 16,000 square feet of grassed lakeshore yard area provides adequate treatment area for the hardcover on the property. C) The City has received no negative comments from the adjacent, most affected neighbors. Page 1 of 4 a� 4. The City findings an City staff, variance on Cityof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2279 Council has considered this application including the d recommendations of the Planning Commission, reports by comments by the applicant and the effect of the proposed the health, safety and welfare of the community. 5. The City Council finds that the conditions existing n oththis property are peculiar to it and do not apply generally to er 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances per Municipel Zoning Code Section 10.22, Subdivision 1 and Section 10.23, Subdivision 6 (B) to permit the construction of additions to the existing structure that requires hardcover and side setback variances, subject to the following conditions: 1. The drainage swale along the west side of the property shall not be permanently or temporarily altered as a result of the proposed construction. 2. Authorities granted with this resolution 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 these variances will expire on that date (September 28, 1988). 3. Violation of or non-compliance with any of the terms and conditions of this resolution 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 have read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees Zo the recording of this resolution in the chain of title of the property. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2279 Adopted by the Orono City Council or. this 12th day of October, 1987. ATTL(ST : orothy t�!/ Hallin, City Cler Property Owner(s) 1 Jam R. Grabs—Magor PacT_ c� f City of ORGNO RESOLUTION OF THE CITY COUNCIL NO. 2279 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this 16th day of October 01 1987 before me a Notary Public within and for said county, personally appeared Kam McCourtney 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. NAM OOU~ NT A w STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) �l i NOTARY PUBLIC 9/2/92 MY COMMISSION EXPIRES On this / -- day of �' ,E cJ , 1987, before me a Zotary Public within and for said County, personally appeared �___%� % y!�_( !'tLY�/ ]� known to me to be the person(s.- described in and who ixecuted the foregoinginstrument, and acknowledged that he (t'hey) executed the same as his (their) free act and deed. J, A/d ax-- NOTARY PUBLIC COUNTY MY COMMISSION EXPIRES Page 4 of 4 EXHIBIT A RESOLUTION PJ0- 42-V :,•° '.• . LEGAL DESCRIPTION That part of Tract B, Registered Land Survey Number 137westerls of the Registrar of Titles, Hennepin County, Minnesota, lying y of the following described line and its northerly and sbutherlyextensions.. terly Commencing•at the northwesterly corner of said Tract B, thence along the northeasterly line of said Tract 6 a distance of 147.85 feet to an iron monument being the point of beginning of the•Itne.to be described; thence southerly.deflecting to the right from the last described course 69 degrees, ll.minutes, 30 seconds a distance of,l00.feet to an iron monument; *thence continuing southerly on 'the extension of the last_ described coµrse t.o the shoreline of Lake Minnetonka and said line there terminating.