HomeMy WebLinkAboutResolution 3918 O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
ESH04�G NO. 'IS 0 1 Q
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 AND 2 AND
SECTION 10.56, SUBDIVISION 16 (C)
FILE NO. 2243
WHEREAS, John D. Black (hereinafter "the applicant") is the owner of the
property located at 4030 Dahl Road within the City of Orono (hereinafter "the City") and
legally described as follows:
Lot 18, Block 1, Pirate's Cove, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivisions 1 and 2-Lakeshore Setback and Hardcover
Regulations and Section 10.56, Subdivision 16 (C)-Shoreland Management, Average Lakeshore
Setback to replace an existing deck and to construct a 12' x 18' room and screen porch over
the deck. Variances are required for an encroachment into the average lakeshore setback where
the existing residence is located forward of the average lakeshore setback and no encroachment
is allowed, and to allow the deck to be approximately 65' from the shoreline where 65' is
existing and 75' is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2243.
2. The property is located in the LR-1B Single Family Lakeshore Residential
Zoning District where the minimum lot area required is one acre.
3. The Orono Planning Commission reviewed this application on June 16, 1997 and
►tZRAENNEPINNo NER ENT Q ended approval of the proposed variance(s) based upon the following
�'TAXpAyL�findings and hardships:
OCT g ry Page 1 of 4
HF �
BY.
0 0
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
��9kESII04� NO. R 9 1
A. The zoning lot is .91 acres and does not meet the minimum lot size
requirements.
B. The zoning lot is irregular in shape with steep topography along the
shoreline.
C. There is a 25' utility easement across the lake front of the property.
D. The existing residence and deck are located forward of the average
lakeshore setback and encroaches approximately 10' into the required 75'
setback.
E. The existing hardcover in the 0-75' setback is 555.5 sq. ft. (3.9%) where
none is allowed. A stairway is needed to access the shoreline.
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 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.
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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants an average lakeshore setback and lakeshore setback per Municipal Zoning Code Section
10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (C) to permit replacement of
an existing deck and construction of a 12' x 18' room and screen porch over the deck with an
increase of hardcover in the 0-75' setback, subject to the following conditions:
Page 2 of 4
O O
CITY of ORONO
IN,
RESOLUTION OF THE CITY COUNCIL
Kp4�'G NO. 4 4 1 SZ
�s
1. Authorities granted by this variance 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 this variance will
expire on that date (June 23, 1998).
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, understood 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.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 23rd day of June, 1997.
ATTEST:
orothy . H lin, City Clerk Gabriel abbour, Mayor
Pry6erty Owner (s)
Page 3 of 4
/O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
��9 EIIo NO. 3 9 1 8
S
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of June,
1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
JAMIE L GBW
"• NOTARY KGUC•MINMTA
HOW COUNTY
My CWWiSft EVh tJW 31,2000
Notaityublic
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this -2 7 day of iAlLk I00-7 before me a Notary Public within
and for said county, personally apjkAvd '
known to me to be the person(s) describeand who executed the foregoin(i instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
sMw��
JAMS L GEMAR
NOTARY NKC4MM Q1
• HOWN COUNTY
MyCwmj39mJ'31'20MNaomi NOT 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 4
RESOLUTION # S 9 18
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compared the
f such reforegoing, cpy of a solut on in the tMinut sof the ion of the City .
Council of the City of Orono with the original record
proceedings of said City Council at a 19 eetinand othatsthe same is ad City �true and correct
June 2 3 �'
copy of said resolution duly adopted by said City Council.at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 24th ,
day of June 24 , 19 97
Xf
Dorothy M llin, City Clerk
(SEAL)
28�y565
r,
REGISTERED VOL
PAGE y r
COPY
OFFICE OF
OF TITLES EGISTRAR
HE NEPIN COUNTY,CERTIFIED FILED ON
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OCT 81997REGIST
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