HomeMy WebLinkAbout1988-11-26 Resolution 2546City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. '546
A -RESOLUTION GRANTING
VARIANCES TO
WMICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 AND
SECTION 10.23, SUBDIVISION 6 (B)
FILE #1356
WHEREAS, Gerald T. McCourtney (hereinafter "the applicant") is
the owner of tr= property located at 1055 Ferndale Road West within the
City of Orono (hereinafter "City") and legally described as follows:
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 a master bathroom, deck,
dinnette, 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' lakeshore
setback area where only 25% or 3,968 s.f. is allowed, and a side setback of
1313" for the bathroom addition that will encroach 1'9" further into the
existing substandard yard area at 151.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File A1356.
2. The property is located in the LR-lA Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
November 21, 1988 and recommended approval of the proposed variances
based upon the following findings:
A) Over 50% of the area of this property is located within the
0-75' lakeshore protected area.
B) The 16,000 s.f. 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.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2546
Cty Council has considered this application including the
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.
5. 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 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 Comprehc-live Plan
of the City.
CONCLDSIONS, ORDER FIND CONDITIONS
Based upon one or more of the findings noted above, the Orono
City Council hereby grants variances to Municipal 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 require 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 variance will expire on that date (November
28, 1989).
3. Violation of or nor.. -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 has read, understoo3 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 property.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2546
1988, Adopted by the Orono City Council on this 28th day of November,
ATTXST:
Do of ,M. llin, tity Clerk J
Proper Owners)
s R . Grabek'7--M�yo.r
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City of ORONO
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
RESOLUTION OF THE CITY COUNCIL
NO. 546
On this !4rt• day of I7ecew%6e— , 1981
before me a Notary Public within and for said county, personally
appeared Ca. T. IL--,& K3,r4u M0-Co'4►-L'Ker
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.
NOTARY PUBLI
MY COMMISSION"' -EXPIRE
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of 198 , before me
a Notary Public within and for said County, personally appeared
known to me to be the
person(s) described in and who executed the foregoing instrument,
and acknowledged tha* he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
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