HomeMy WebLinkAbout#1028 Resolution 2007I •
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _2_0_0_7 ____ _
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
AND SECTION 10.25, SUBDIVISION 6 (B)
FILE il028
WHEREAS, Len Bachkes (hereinafter "the applicant"} is the
owner of the property located at 2813 Casco Point Road within the City
of Orono (hereinafter "City"} and legally described as follows:
Lot 121, Spring Park, Hennepin County, Minnesota, and all the
unplatted land and that part of Lake Shore Avenue vacated lying
between the side lines of said lot projected to Lake Minnetonka
according to the plat thereof on file or of record in the office
of the Registrar of Deeds in and for said County, (hereinafter
"the property"}; and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 2 to
permit the construction of an addition which will increase hardcover
from 26.0% to 29.7% in the 75-250' setback zone where only 25% hard
cover is normally allowed; and a variance to Section 10.25,
Subdivision 6 (B} in order to construct the additions within 9.5 feet
of the side lot line where a 10 foot setback is normally required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1028.
2. The property is located in the LR-lC Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
May 19, 1986, and recommended approval of the proposed variance
based upon the following findings:
A} The side setback variance of 0.5' is necessary only for
a small portion of the addition because the house side line
of the existing house is not parallel with the lot line.
B} No items of existing hardcover are readily feasible for
removal as a hardcover tradeoff.
Page 1 of 4
7
City of O _RONO
RESOLUTION OF THE CITY COUNCIL
NO. 2007
4. 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.
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.
CONCLU SI ONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.22,
Subdivision 2 and Section 10.25, Subdivision 6 (B) to permit the
construction of an addition which will iricrease hardcover in the 75 -
250' setback zone from 26.0%.to 29.7% where only 25% hardcover is
normally allowed and which will be constructed 9.5 feet from the side
lot line where a 10 foot setback is normally required, subject to the
fo l lowing conditions:
1. The hardcover on this property in the 75-250' setback zone
shall not exceed 2,696 s.f. or 29.7%, and the applicant is placed
on notice that any future improvements to the property which
constitute additional hardcover will not be approved, and might
be approved only with concurrent removals of existing hardcover.
2. Applicant is advised that the boathouse structure at the
lakeshore is a non-conforming structure and is subject to the
pertinent ordinances. Applicant is further advised that the
existing hardcover in the 0-75' setback zone is about 300 square
feet or 6%, and no additional structures or hardcover are allowed
in the 0-75' setback zone without approval of the City Council.
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 within one year of
the date of Council approval, or this variance will expire on
that date ( June 9, 19 8 7 ) .
Page 2 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _2_0_0_7 ____ _
• 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 rec ording
of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this 9th day of June,
Page 3 of 4
..
City _of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2007
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /J-1--day of <.Jl.,-llv f:! , 1986
before me a Notary Pu~lic within and for said county, personally
appeared /14A-IU/ ,,A-til/\J fsA--eH~ 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.
MY COMMISSI◊N EXPIRES
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
On this /7../1_ day of J u /\J e , 1986, before me
a Notary Publj.f within and for said County, personally appeared
_Lg_AJ~D r, /?,fte1+1:2e-S -~----known to me to be the
person(s) described in and who executed the foregoinginstrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
MY COMMISSION EXPIRES
Page 4 of 4
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceed 1 ng s of said. City Counc 11 at a meeting of said City Council held
on June 9 , 19 86 , 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 set my hand and seal this
18th , day of J , 19 86 ---
(SEAL) \''\.