HomeMy WebLinkAboutResolution 3735 O O
CITY of ORONO
A-1
RESOLUTION OF THE CITY COUNCIL
9kES804 NO. 3735
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 AND 2,
SECTION 10.55, SUBDIVISION 8, AND
SECTION 10.56, SUBDIVISIONS 16(C&L)
FILE #2143
WHEREAS, Diane Perez (hereinafter "the applicant") is owner of the property
located at 3465 Eastlake Street within the City of Orono (hereinafter "City") and legally
described as follows:
That part of Lot 2, Block 8, Bayside Addition to Lake Minnetonka, Hennepin County,
Minnesota, lying west of the east 200.00 feet (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Sections 10.22, Subdivision 2; 10.55, Subdivision 8; and 10.56, Subdivisions
16(L), and further variances to Sections 10.22, Subdivision 1; 10.55, Subdivision 8; and 10.56,
Subd. 16(C) to permit the reconstruction of the existing roof over an 8'x9' portion of the
existing residence, such reconstruction revising the roof line outside the existing envelope of
the house located less than 75' from the lakeshore where a 75' lakeshore setback is normally
required, and constituting hardcover in the 0-75' zone where no hardcover is normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 42143.
2. The property is located in the LR-lA, Single Family Lakeshore Residential
Zoning District.
Page 1 of 5
O. O
CITY of ORONO
4k,
RESOLUTION OF THE CITY COUNCIL
�kESII0 NO. e$ 735_
;. The Orono Planning Commission reviewed this application on June 17, 1996 and
on a vote of 7 to 0 recommended approval of the proposed variances based upon
the following findings:
A. The proposal is to revise the existing shed type roof to a pitched roof
more in keeping with the existing house. The revised roof line will
enhance the integrity of the structure and will help it meet minimum
energy code requirements.
B. The proposed roof revision constitutes no additional hardcover on the
property. There is no extraneous hardcover on the property which can
be removed.
C. There is a hardship to the property because the entire lot is within 75' of
the lake, where no hardcover or structure would normally be allowed.
D. The proposed roof revision has no impact on views of the lake enjoyed
by neighboring properties, and technically due to the location of the
adjacent street, there is no average lakeshore setback encroachment
variance necessary.
4. 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.
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 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.
Page 2 of 5
M
O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
9kESH04 NO. 3735
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants variances
to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2; Section 10.55, Subdivision 8;
and Section 10.56, Subdivisions 16(C&L) to permit the reconstruction of the roof over an
existing 8'x9' portion of the house as proposed, subject to the following conditions:
1. 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 permit within one year of the date of Council approval, or this variance
will expire on that date (June 24, 1997).
3. Violation of or non-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, 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 Orono City Council on this 24th day of June, 1996.
AT ST:
Ile�Ar
othy in, City Clerk Edward J. Call an, Jr., Mayor
0�1
Property Owner(s)
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O
O O
CITY of ORONO
Aqti
RESOLUTION OF THE CITY COUNCIL
��9kES04�6 NO. 3 7 3
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 24th day of June,
1996, by Edward J. Callahan, Jr. & 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.
Notary Public
S
LINDA S.VEE
i5 !>o NOTARY PUBLIC-MINNESOTA
\t'�t.- ;• HENNEPIN COUNTY
My Commission Expires Jan.31.2000
Page 4 of 5
r
O O
b CITY of ORONO
" A '� RESOLUTION OF THE CITY COUNCIL
�9kESH04NO. 7
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
i) r-,] /
On this '' day of u 199 before me a Notary
Public within and for said county,persona pyll as personally c t E t t rc 7,
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.
Z LINDA S.VEE NOTARY PUBLIC
NOTARY PUBLIC-MINNESOTA
e .: HENNEPIN COUNTY
i
..••° My Commission Expires Jan.31,2000
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 5 of 5
r
RESOLUTION
STATE OF MINNESOTA j
COUNTY OF HENNEPIN j
CITY OF ORONO )
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
that I have compazed the foregoing copy of a resolution of the City
Minnesota, do hereby certify
Council of the City of Orono with the original record of such of saidlutC resolution
Council Minutes
on
proceedings of said City Council at a 1 e,wand that the same is a true and correct
June 24
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 2 7th
day of
June 19 96
LDorothy M 017 , City Clerk
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