HomeMy WebLinkAbout#1705 Resolution 3065CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3065
A RESOLU'l'ION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 (B)
FILE 11705
WHEREAS, Christopher J. Smith (hereinafter "the applicant")
is the owner of the property located at 3650 Casco Avenue within the
City of Orono (hereinafter "City") and legally described as follows:
Tract A, R.L.S. No. 1147, Hennepin County, Minnesota
(hereinafter "the property")~ and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to
permit the construction of a new residence to be constructed in front
of the average lakeshore setback line where no encroachment is
allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1705.
2. The property is located in the LR-lC Lakeshore Residential
Zoning District requiring a 1/2 acre or 21,780 s.f. in area.
The property consists of 38,060 s.f. or .87 acres.
3. The Orono Planning Commission reviewed this application on
January 21, 1992 and recommended approval of the proposed
variance based upon the following findings:
a) The lot to the immediate south has a platted corridor
to the lakeshore at an approximate 50 foot width and is
classified as a riparian lot subject to average
lakeshore setback standards.
b) If the average lakeshore setback Iine standard was to
be upheld, the lot would be technically unbuildable.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. __ 3_0_6_5 ___ _
c) Proposed construction wi 11 have no impact on the
viewing windows of the residences to the immediate
south and north.
d) The adjacent neighbors have submitted letters approving
the proposed construction.
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
variance 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 a variance to Municipal Zoning Code Section
10.22, Subdivision 1 (B) to permit the construction of principal
structure located in front of the average lakeshore setback line where
no encroachment is allowed, subject to the following conditions:
1. Applicant is advised that structural repair of the existing
improvements within the 0-75' setback area require building
permits from the City of Orono. All repairs or proposed
additions to existing improvements within the lakeshore
protected area shall be subject to current zoning standards.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3065
2. 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 {January 27, 1993).
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
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 Orono City Council on this 27th day of
January 1992.
ayor
~Jft,~s'i-Proery OWI'{S
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3065
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
27th day of January, 1992, by Barbara A. Peterson & Dorothy M. Hallin,
Mayor & City Clerk of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
LINDA S. VEE
NOTARY PUBLIC -MINNESOTA
HENNEPIN COUNTY
My commission expires 8-12•96
Page 4 of 5
)
) ss.
COUNTY OF HENNEPIN )
On this
before me
appeared
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. __ 3_0_6_5 ___ _
known to me to b the person(s) described in and who xecuted the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
JAMIE L. BOSMA
NOTARY PUBUC-MINNESOTA
HENNEPIN COUNJY
My Comm. Exl)ll8S 12-19-97
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
MY COMMISSION EXPIRES
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
MY COMMISSION EXPIRES
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STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLUTION #3065
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
for e·g o in g co p y of a res o 1 u t i on of the Ci t y Co u n c i 1 of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on January 27 , 19 92 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto se·t my hand and seal this
28th , day of January , 19 92 ---
(SEAL)