HomeMy WebLinkAbout#1679 Recorded Resolution 31345958837
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
3134 NO. _______ _
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
FILE fl679
WHEREAS. William F. Miller (hereinafter "the applicant") is
the owner of the property located at 2691 Casco Point Road within
the City of Orono (hereinafter "City") and legally described as
follows:
All that part of Government Lot 4, Section 20, Township 117,
Range 23, lying between Orono Avenue and Lake Minnetonka and
between two lines drawn parallel with the southerly line of Lot
134 in Spring Park, and distant southerly therefrom respectively
30' and 90', all according to the plat of Spring Park on file in
the office of the County Recorder in and for Hennepin County,
Minnesota (hereinafter "the property")r and
WHEREAS, the applicant has applied to the City for variances
to Municipal Zoning Code Section 10.22, Subdivision 2 to permit
structural repair of an existing gazebo/bathhouse structure located
within the 0-75' setback area totalling 344 s.f. or 7.64% hardcover
where no structure or hardcover is allowed and approval of a hardcover
variance within the 75-250' setback area for construction of a 22'x26'
detached garage to be located in the rear/street yard where excesses
of hardcover exist and the proposed construction will result in
3,438.95 s.f. or 32.75% where only 2,625 s.f. or 25% is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1679.
2. The property is located in the LR-lC Zoning District
requiring 21,780 s.f. or .5 acres in area. The subject
property consists of 16,933 s.f. or .39 acre.
Page 1 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3134
3. The Orono Planning Commission reviewed this application on
September 16, 1991 and June 18, 1992 and recommended
approval of the proposed variances based upon the following
findings:
a) The gazebo/bathhouse structure has
property prior to 1968. Current
development of lakeshore properties
1973 by the City.
existed on the
standards for
were adopted in
b) The structural improvements completed for the
gazebo/bathhouse structure did not involve expansion of
the existing building envelope of structure nor did it
involve an intensification of structure.
c) There currently exists 4,554 s.f. or 43.28% hardcover
within the 75-250' setback area. Applicant proposes
the removal of 1,105.05 s.f. or 10.53% of existing
h~rdcover to offset proposed structural improvements.
d) The current proposal minimizes the impact on existing
steeper topographies to south side of property.
4. The City Council finds that the conditions existing on this
property are pecu 1 iar 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.
Page 2 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3134
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants variances to Municipal Zoning Code Section
10.22, Subdivision 2 to permit construction of a 22'x26' detached
garage within the street/rear yard of the property and an after the
fact variance for structural repairs completed without the benefit of
a building permit to an existing gazebo/bathhouse structure located
within the lakeshore protected area, subject to the following
conditions:
1.
2.
Applicant shall apply for a penalty building permit for all
work completed for the repair/renovation of gazebo/bathhouse
structure by June 30, 1992.
Applicant shall remove 1,105.05 s.f. or 10.53% of existing
hardcover as shown on page 6 of this resolution. Applicant
shall have completed the removal of existing hardcover prior
to the -footing inspection for detached garage.
3. 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 for the
detached garage within one year of the date of Council
approval, or this variance will expire on that date (June
22, 1993).
4. 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.
5. 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.
Page 3 of 6
CITY of ORONO
R ESOLUTION OF THE CITY COUNCIL
. NO. 3 1 3 4
Adopted by the Orono City Council on this 22nd day of June,
1992. ·,,.J i-1 ,,
William F. Mil er
Property Owner(s)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
~~~
Barbara A. Petersbn,Mayor
ss.
The foregoing instrument was acknowledged before me on this
22nd day of June, 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
NOTAR Y PUBLIC • MINN ESOTA
HENNEP IN CO UNTY
My comm iss ion expires 8_12_96
Page 4 of 6
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ss.
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3134
On this ). J. t]!/_ day of \,/tU1 e_ , 19 9 ,2
before me a Notary Public within and for said county, personally
appeared UJ ,·· t (ta. 11n F, f/1, 1 ( e1", Sc> I e_ 6 lu YI er
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.
LINDA S. VEE
NOTARY PUBLIC • MINNESOTA
HENNEPIN COUNTY
My commission expires 8-12-96
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ss.
NOTARY PUBLIC
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 6
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLUTION #3134
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
f o r e· g o i n g c-o p y o f a r e s o 1 u t i o n o f t h e C i t y Co u n c i 1 o f th e C i t y o f O r o no
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
o n June 2 2 , 1 9 9 2 , a n d t h a t t he same i s a tr u e
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
___ 2_4_t_h ___ , day of June , 19_9_2 __
(SEAL)
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