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Home My WebLink AboutResolution 4057 _ ,. i � O ' V • 0 � ��b. - C ITY of ORONO � ' � '�' RESOLUTION OF THE CITY COUNCIL � �L`9kE Hp��'� . NO. �� . � . S A RESOLUTION GRANTING VARIANCES TO MIJNICIPAL ZO1vING CODE SECTION 10.22, SUBDIVISIONS 1(A) AND 2, AND SECTION 10.56, SUBDIVISION 16(C6) FILE NO. #2351 � WHEREAS, Laura Zauner (hereinafter "the applicant") is the owner of the property located at 3262 North Shore Drive within the City of Orono (hereinafter "the City") _ and legally described as follows: ' See Exhibit�A for legal description (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivisions 1(A) and 2 and Section 10.56, Subdivision 16(C6) to permit the retention of a rebuilt deck • NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #2351. 2. The property is located in the LR-1C-1 Single Family Lakeshore Residential Zoning District requiring one half acre in area. The property consists of 12,118 s.f. or .28 acre. � 3. The Orono Planning Commission reviewed this application on March 16, 1998 � and recommended approval of the proposed variances based upon the following . findings: . 1. The zoning lot does not meet lot area or width requirements. 2. The deck is a replacement of one that had existed. � � Page 1 of 5 � °� . � o 0 ��b. - C ITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESHO�'� NO. ��,�j � `� `� . 3. The deck does not affect views, hardcover. or lakeshore encroachment beyond what has historically existed. 4. The City Council finds that the conditions existing on this property aze peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect tr�c 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. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety • and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants af�er-the-fact variances to Municipal Zoning Code Section 10.22, Subdivisions 1(A) and 2 and Section 10.56, Subdivision 16(C6) allowing the retention of the deck replacement resulting in 15.1% hardcover in the 0' to 75' lakeshore setback where none is allowed, 39' encroachment into the average lakeshore setback where none is allowed and a lakeshore setback variance of 40.7' to allow the deck to remain 343' from the OHWL where 75' is required. Approval was subject to the following conditions. 1. No variances for additional hardcover shall be granted in the future. 2. Authorities granted by this variance run with the property not with the applicant, but are pernussive 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 (March 23, 1999). • Page 2 of 5 � �� O O ��b. - C ITY of ORONO � ti . '�' RESOLUTION OF THE CITY COUNCIL ��`qI�E p'�'�'G . NO.. L$� l� �a `7 � SH 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of,the property. . Adopted by the. City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of March, 1998. ATTEST: • � _ � �� , Linda S. Vee, City Clerk Gabriel abbour, Mayor r � � STATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) . � � � � The foregoing instrument was acknowledged before me on this 23rd day of March, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrurrient was executed on behalf of the City. � �� o�� '•• CAROLE A.HASEMAN Notary Public r` NOTARY PUBLIC-MINNESOTA • o,!� :�e•' HENNEPIN COUNTY T My Commission Expires Jan.31,2000 page 3 of 5 n . . . � O� � O O ��b. - C ITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL �L`9$E p4��'G NO. d � � '� . . � SH STATE OF MINNESOTA ) • ) ss. COUNTY OF HENNEPIN ) On this r,2 fit" day of ��re� , 199 8 before me a Notary Public within and for said county, personally appeared �urr; �Uhe>ni c �nmarr;e�( known to me to be the person(s) described in and who executed the foregoing instnunent, and acknowled ed that he the execu �e same as his (their) free act and deed. . ��•�•. CAROLE A.HASEMAN � . r` NOtARY PUBL{C-MINNESOTA ' =•- :- ' � HENNEPIN CUUNTY � �/ ' Myt Can►misslon Expires Jan.31,2�►00 Q/jt-t'� �. ��/�1�2sr�✓ �,�..•r' , NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � On this day of , 199_ 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 that he (they) executed the same as his (their) free act and deed.� NOTARY PUBLIC � . - Page 4 of 5 - . . F�� . � ,LFGA� l��sc�iP�-o�v � Zhat ��, oE �v�nt �� x� Secticn 8, Ta.rnship 117�ior�h, Range 23, �•test vE th�� Sth Pri.ncipal Meziclian, Nennepin CcuntY, t'i=nnesvta, descrir.�,d �,s � folla�s: F3eginning at me�� rorn� �. 57 on the Socit�t side of Max.:ell � P,ay in the East lirtie af said Ser-ticn g; ther,ce South on the East line cE said Szction .S, 376.35 feet; thence due West at right angles 45�.3 feet to the actuai point oE �inn'tng of the t:act to be descri�ed; thence c�ntinu.ing riue West 68 feet; thence due North 1�0.7 feet rrore ar less tc� the Southerly shore of i�.ax�;ell 8ay; th�:ce Northe�sterly alc.ng the Scutl,.erly shore of :�a.xs►re11 Bay � to a point in a l�ne drawn due North frun the actu�l int of due Scuth 183.7 feet irrore or less to the actx:�,l,p�intOi ��'j�" ��ce �ur�ose of t�Z.s descri.ption th� East Iine of said Sectienb8 is vcn.sider�ithta �e a. due rlorth arr3 South line. Togethe: with an easesnent for drives.ray p�u-poses over that par� vf Govern.�nezt Lo� I, Sec��.ian 8. Z}owr�ship I2?, Ra,r�e 23, Nennepin County, Minnesota, described as fol�ows: Eeginnu�q at rc�ea,n3e� co�er No. 57 an t��e Scuth �side of Ma.��rell Bay in ttle £3st line of said Section 8; thertce South along tt:e East line of said S�tion 8, 376.35 feet; thence due Wes� a� riqht ang2es 447.8 feet �to the actua.I. point oE beginli.nq oF the tract to be descriYaed; thence due South 82.05 feet; thence South 11 degrees, q7 minutes Wes� 2I8.55 feet; thence South 12 de3rees, 37 mi.nutes East 71 feet rore or less � � a �oir.t in the Northerly right of way line of County Raad Na. 52; ��e ut.hwesterly along said Northerly right of wa• Ii.ne 1 • degrees, 37 minutes West 73.SS feet; thence ho th I I deqrees�,tQ7 minutes�F,ast12 2I8.85 feet; thence due North 82.05 feet trore or Iess to a point in a Iine d._rawn due West fresn the ackual point of }aeqiruunq; thence due Fast 15 fee� to the actual g�i.nt of beqinninq, For the purpose of this des�ripticn t��e East line of said Section 8 is oansidered to be a due North and South line. . . , � � �