The URL can be used to link to this page

Home My WebLink AboutResolution 3578 � . . � O� . O O � b - � CITY of ORONO . � ti � '�' RESOLUTION OF THE CITY COUNCIL �'�`q.k'E H.p4�''�'G NO. � e�"� S S A RESOLUTION GRANTING �ARIANC�S TO MUNICI�'AL ZONING CODE SECTION,10.22, SUBDIVISIONS 1 (B) AND 2 FILE NO. 2030 WHEREAS, Richard LaVere (hereinafter "the applicant") is the owner of the property located at 995 Wildhurst Trail within the City of Orono and legally described as follows: The east �11' of the southeast quarter of the northeast quarter of the northwest quarter of Section 7, Township 117, Range 23 (�aereinafter "the property"); and W�IEREAS, the applicant has applied to the City for variances t�o Municipal 7oning Cocie Sections 10.22, Subdivisions 1 (B) and 2 to permit construction of a lakeside deck totaling approximately 523.6 s.f. of new structural hardcover where 4,991 s.f. or 36.1% exists • and where 4,910 s.f. or 35.4% is proposed and where 25% is allowed; and an encroaclunent of the average lakeshure setback of 6' where no encroachment is allowed. NOW, �'HEREFORE, BE IT RE5t7LVED by the City Council of Orono, Minncsota: � F1NI�INGS � � 1. 'This application was reviewed as Zoning File #2030. 2. The property is located in the LR-1B Lakeshore Residential Zoning District requiring one acze in area. The property consists of 23,210 s.f. or .53 acres. 3. Tl�e Orono Plaruiing Commission reviewed this apptication on Junc 19, 1995 an�l � recommended approval of the proposed variances based upon the following findings: A. In 1992, t.he Ci.ty approved a 1lardcover variance wi�iiin the 75-250' sefback arca at 5,082.58 s.f. or 36.7%. Page 1 of 5 • � �� . O O • . �b. - CITY o� ORONO � F '�' RESOLUTION OF THE CITY COUNCIL �L`9$,E p4�'G NO. � SH. B. As a condition of the 1992 approvals, required hardcover improvements have been removed and hardcover is currently at 4,991 s.f. or 36.1%. C. Based on the curvature of the shoreline and the location of mature trees - in the adjacent street yards, the proposed 6' expansion of a deck beyoild the average lalceshore setback line poses n.o visual impact on the adjacent . properties. � _ D. The proposed improvements will result in additional reductions in hardcover within the 75-250' setUack area. E. The lakeside deck would be consistsnt with adjacent lakeside decks on residences also designed with walkouts to lakeshore. F. 523.6 s.f. of new deck area shall be installed over 378 s.f. of patio and • former paved walk area approved in 1992. . 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; woutd 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 consiciered this application including the findings and recorrunendations 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. CONCLUSION5, ORIyER ANI) CONDITIONS Based upon one or more of the above findings, the Orono City Council�hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 (B) and 2 to permit the construction of a lakeside deck of approxui7ately 523.6 s.f., subject to the following conditions: • Page 2 of 5 � � . , . � O� � O � � ��a. - CITY of ORONO � ti . '�' RESOLUTION OF THE CITY COUNCIL ��`qI�'Z�,, p�i'�� NO. e� erD � � SH � 1. Hardcover is approved at 4,910 s.f. or 35.4 %. Both existing improvements to remain and proposed improvements are shown on Page 5 of this resolution. � Applicant shall maintain improvements as designated on this plan. 2. Authorities granted by this variance run with the properry 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 (July 10, 1996). _ 5. 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 term.inate any authority granted herein, and shall be punishable as a misdemeanor. 6. 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 Tide of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the lOth day of July, 1995. A EST: � � � Dorothy allin, City Clerk Edward J. Call n, Jr., Mayor � � Property Own (s � Page 3 of 5 • , � , , � .. , � O� . O : O b. - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��`q.k'E Hp4�'�'� NO. 'e� e� '�' � S STATE OF MINNESOTA ) � ) ss. . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this lOth day of July, 1995 by Edward J. Callahan, 7r. 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 Ciry. - •'.°•• LINDA S.VEE �/ � �v"' 7` � NOTARYPUBLIC-MINNESOTA � • � '' ' HENNEPIN COUNTY � �� , �,. �-�••• My Commission Expires Jan.31,200o Nota Public STATE OF MINNESOTA ) ) ss. • COUNTY OF HENNEPIN ) .On this �(o�� day of �u�V , 1995' before me a Notary Public within and for said county,personally appeared `��/,'e La 1/e�e� r�a��%�� 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 � ��_�.c�� U,�� V''� r` NOTARY PUBLIC-MINNESOTA � '` ' •� HENNEPIN COUNTY NOTARY PUBLIC �`��•�•° My Commission Expires Jan.31,2000 STATE OF MINNESOTAn ) ) ss. COUNTY OF HENNEPIN )� � On this �7� day of t�/ , 199,�befare me a Notary Public within and for said county,personally appe red ��r��d La.V�'e, m G v�r�e� known to me to be the person(s) described in and who executed the foregomg uistrument,and acknowledged that he (they) executed the same as his (their) free act and deed. _.. S.VEE G�2�ev � v�/ ,.,.. . LINDA "` NOTARY PUBLIC-MINNESOTA NOTARY PUBLIC • �V,•' ;- ; HENNEPINCOUNTY '�,�.�•r My Commission Expires Jan.31,2000 Page 4 of 5 . ....... .. , ,_.�..___. . � Y``, ` , . :,� ��f , , � ,,, , - , !'� Y/;, ', ;�• t�` � ` •r' • ,'� .' ',';. � . .� • . `�:: � ��. � t , , �.. '. WATE R • V = �.3�� C; µ 22-�.�2 '. .��Y �� 1 i� � , , � � . . , F r ST �. �� : '• - ��fr ,�;,� t �'t r. • �� '� � �.` ��' i .,� l� , ., K .�� 1 4 � � : ,,� � ��'�,. \ y .�. �e�� , `� �`� � \,` � �P Y�o V e I� ��" � � �Y �. Q, � q C � ' �/O ��-o��.. �� -�� )�: �� !� �}, � ��tr��-L..n � I 1 U �o � �l� J ,� -6 � ., �,� �c �, ��. �` � `, . o � N ��Q. - I �/�9, S.a�� \ � � , �Q�-�.t�-rr U �' � �/ 4 �o.� �\� �� c1'�" . � �,�, �+-� � ,,�� _. , ,a � �� .�.� � � �, � � � '! l � � �� s.�--�r�4.�c,(�, � f c� Y ,tla !`S'f-of?r�� n.-- � ��c c►"..�..c„r,!!�<� � � I [� � � - � = 1� ��./1 ,� .�'Y,b�...� l.fl I��e .S��)�.?� \� I � � ---�„ _ ��` ' �- �� . .�.- ' \ _ �.- _ r�,�.� �, .d��s3a, 6 �.S - , ` ��{?G.> �jPc-J� .� ��,�''•4 r06 �,��,n \ I � � d�l��c.r... .. , � � , �.�'!�� r I ��. . . . Q -- -- _ _ �3�' '" b,. • --�"v`-I-�`.Q _ '�� `7�� o�t� 3 �� G � .� � � _ � . �e `` � 9� � U� - - - _ _ � - � � . Q� � o � � � '\ '�- � • ,� - •_ , � 35t x932.$ � � A � �� `S'/��+�i-` � � � \ � \. 1 .� � �'� ��J 1 � 9 40�—'_._,. � _`— � � ` 36 � ` �.` .�_ 9 � _ � a - �, � ;�.� _` �''`� e ^ �3 fL°P°�p . �� . � c�`, \ ` � �I•� , {�ai'I\ �s� �� /k 3�� I`�8` / Pp�� . K� � �___•� _ _ "Z .� � f . � , ;� � . . • � � '.