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Home My WebLink AboutResolution 3933 I . � O� ,� O O ' � �b. � CITY of ORONO � ti � � . '� RESOLUTION OF THE CITY COUNCIL ��kE H�4�'G NO. 3933 � � . S � A �SO�L�J'I'�ON GF�NTII�TG VARIANC�S 'I'O 1�gJNICIPAL �ONING COI)E � SECT�ON 10.22, SIJBIDYVdSIO1VS 1� (S) AND 2 AN� . � � S�CT�ON 10.(�3, SUBDIVISION 4 A1�TD 5 � F�E NO. 2856 ��Aa, James P. Rivers and Mary H. Rivers (hereinafter "the applicants") are owners of the property located at 1442 Shoreline Drive within the City of Orono (hereinafter "the City") and legally described as follows: � (P.I.N. 11-117-23 22 0005) Section 11, Township 117, Range 23 commencing . at a point on lake shore of Lake Minnetonka which point is distant 70 feet northwesterly at right angles from a line bearing north 67 degrees 48 minutes east from a point which is south 10 degrees east distant 836.5 feet from � northeast corner of Lot 1 thence south 67 degrees 48 minutes west to shore of Mud Lake thence northwesterly along shore of Mud Lake to a line para11e1�with and distant 50 feet northwesterly at right angles from the last preceding described line thence north 67 degrees 48 minutes east to shore of Lake Minnetonka thence southeasterly to beginning except road, Hennepin County, Minnesota (hereinafter "the property"); and WHER�AS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 and Section 10.03, Subdivisions 4 and 5 to change the roofline of an existing residence located in the 0-75' lakeshore,setback. A variance for increasing or intensifying a non-conforming structure is required. T�T�W, T��1�F0�, �� IT �tESOLVED by the City Council of Orono, Minnesota: FINllIIPv�GS . 1. This application was reviewed as Zoning File #2256. � Page 1 of 8 a . .._ ._. . . . . . . . ..._--�..--._..:_.. . _ r O ..._._ .. . . � � _ , � O O ""' ' ... . � - .-�,- CITY of ORON� b' �(' � .'- '-.. '� RESOLUTION OF THE CITY COUNCIL �L�kESH�4�'� . - NO. � � `e3 `ci .. � 2. The properry is located in the LR-lA Single Family Lakeshore Residential Zoning District where the minunum lot area requirement is two acres. � � 3. The Orono Planning Cominission reviewed this application on July 21, 1997 and recommended unanimous approval of the proposed variances based upon the following unique findings and hardships: A. The zoning lot does not meet the minimum requirements for the LR-lA � zoning district. . B. The existing structure is located in the 0-75' lakeshore setback and is considered non-conforming. � C. The roofline of the existing structure allows precipitation to accumulate • in the valley which has caused damage to the residence. D. The applicants aze unable to continue to insure the property unless the roofline is corrected. E. Previous variances have been granted for this property (Resolutions #39, � #185 and #1698). 4. T'he City Council finds that the conditions existing on this properly are peculiar to it and do not apply generally to other property in this zoning.district; that granting the variances would not adversely affect traf�c conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely � serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; 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, cominents � � � by the applicants and the effect of the proposed variance on the health, safety� and welfare of the community. � Page 2 of 8 :____ _ , ; - � �� . . �_ • 0 � � ��b. - C ITY of ORONO �� ' RESOLUTION OF THE CITY COUNCiL '. ��`�k o4�G No. � 9 3 3 � ESH C4NCI,�JSIONS, ORDEflt AND CONDITIONS Based upon one or more of tlie above findings, the Orono City Council hereby grants_a variance to change the roofline of an e�sting residence that is non-conforming because it is located in the 0-75' lakeshore setback per Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 and Section 10.03, Subdivisions 4 and 5 to permit modification of �: the roofline of an existing residence located in the 0-75' lakeshore setback, subject to the � following conditions: � � 1. The roofline to be modified as shown in Exhibits C, D and E. � 2. Authorities granted by this variance run with the property not with the � applicants, but are permissive only and must be exercised by application for a � building pernut within one year of the date of Council approval, or this variance ' � will expire on-that date (July 28, 1998). , . i 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 applicants ha�.e read, understood and hereby agree to the terms � of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of Ithe property. �� F � ,- � � � � Page 3 of 8 � > t - � . . � O� . � O O ��b. - . C ITY of ORONO � ' ti � '�' RESOLUTION OF THE CITY COUNCIL ��kE Hpg'�G . NO. � �� :� - � S Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of July, 1997. A ST: � � , . Dorothy M. in, City Clerk Gab 'el Jabbour, or � ' Prope Owner s � STATE OF MINNESOTA ) • � � � ) ss. � COUNTY OF HENNEPIN ) . � The foregoing instrument was acknowledged before me on this 28th day of July, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said insirument was executed on behalf of the City. . � � � U�e� .. LINDA S.VEE No Public 9��' ` NpTAR1'PUBLfC-MINNESOTA . ' • •- ' HENNEPIN COUNTY '�,�•�•°! My Cammission Expires Jan.31,2000 . � Page 4 of 8 ' . �1 , . I O� � O O b� - CITY of ORONO . � ' �ti � � ��r ti RESOLUTION OF THE CITY COUNCiL'� ��kESHOg'�G No. 3 9 3 3 STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN �) . � , . � On this ,,,S+M day of ,(�.��Q ,�� , 1997 before me a Notary Public within � and for said county, personally appeared .S�,.,�, p Qa .�r� �,arr��c� 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. ;°:;•�;,, CAROLE A.HASEMAN \�'��1��.l. ✓ � NOTARY PUBLIC-MINNESOTA NOTARY PUBLIC ' ;-�- :', HENNEPIN COUNTY `��•'� My Commission Expires Jan.31,2�00 '� , • � STATE OF MINNESOTA ) � � ) ss. COUNTY OF HENNEPIN ) On this �� day of , u. -� , 199 7 before me a Notary Public within and for said county, personally appe ed /�d�,� �/ %.`v¢�s f m a r� ;e� known to me to be the person(s) described in and who executed the foregoing instxument,and acknowledged that he (they) executed the same as his (their) free act and deed. , o,��. LINDA S.VEE � � �-• v�� :"' �` " NOTARY PUBLIC-tdINNESOTA NOTARY PUBLIC '.-Y :- : HENNEPIN COUNTY �-�•••' My Commission Expires Jan.31,2000 � Page 5 of 8 . � • � . � � 1 � � 933 � ___ _ . 1� - ._.._...._..._... . .. � � �,-, ? - __._..._ r b - �,Z . �� . . � � : . . . � . . . GJ . . � � - � .____. . . ._-- ,_ ^� c . . . .. � � i _. � � � � . � Ql ' ' � . -- � C'� � , ='� . � d . �. " � � � �� j • '. �� ' �� E VI ' � , ; ;:, � i � � . • _.__-•-----°_.__-_ i -----..-- - - � •; - .__ .. . i ,r' �, S E 2 j J � �•� � . 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