HomeMy WebLinkAboutResolution 3443 � ��
O :. Q CITY of ORONO
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� A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 (B)
FILE #1936
WHEREAS, Charles E. Troyak and Mary C. Troyak (hereinafter "the
applicants ) are owners of the property located at 2525 Kelly Avenue within the City of Orono
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(hereinafter "City") and legally described as follows:
Lot 1, Block 5, TOWNSITE OF LANGDON PARK, and that part of adjoining vacated
• Kelly Avenue lying northwesterly of the northeasterly extension of the southeasterly line
of said lot, and southeasterly of Tract D, Registered Land Survey No. 1428, Hennepin
• County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the Ciry for a variance to Municipal
Zoning Code Section 10.22, Subdivision 1 (B) to permit the construction of an�addition to the
west side of the residence that will be located approximately 33' in front of an average lakeshore
setback line where no such encroaclunent is allowed..
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: ,
FINDINGS
1. This application was reviewed as Zoning File #1936.
2. The property is located in the LR-1B, Lakeshore Residential Zoning District
requiring 1 acre in area. The property consists of 2+ acres.
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3. The Orono Planning Commission reviewed this application on June 20, 1994, and
recommended approval of the variance as proposed based upon the following
unique findings and hardships:
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A. The Troyak residence was constructed some 85 years ago, prior to
development of standards for shoreland properties.
B. All current standards for development are met except for the average
lakeshore setback.
C. The house to the west has no view windows on the east side.
D. " The residence to the east will not see the addition as it will be placed
entirely behind the existing residence.
E. There is a mature woods between the residence to the west and the Troyak
residence.
F. The residence to the west is located approximately 150' from the Troyak
• residence.
G. Curvature of the shoreline has impacted the average lakeshore setback
line.
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 properry; would not merely
serve as a convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or difficulry; is necessary to preserve a substantial property
right of the applicants; 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 applicants and the effect of the proposed variance on the health, safety and
welfare of the community.
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CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above fmdings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit the
construction of an addition to the west side of the residence that would be located in front of the
average lakeshore setback line located at 2525 Kelly Avenue, subject to the following conditions:
1. Authorities granted by this resolution 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 27, 1995).
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 applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agree 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 June, 1994.
A EST:
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rothy M. lin, City Clerk Edward J. Callaha , Jr., Mayor
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Property ner(s)
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) ,
The foregoing instrument was acknowledged before me on this 27th day of June, 1994, 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.
LINDA S. VEE � /7 ,/'�'�
NOTARY PUBLIC- MINNE30TA �' /�
HENNEPIN COUNTY �/
My commission expires 8-72-98 Notary Public
STATE OF MINNESOTA )
) ss.
� COUNTY OF HENNEPIN )
On this � Q� day of � h� , 199 � , before me a Notary Public
within and for said County,personally appeared )')'�p,� . T�B � m a r r%eo�
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 ���dJ� � � '
HENNEPIN COUNTY NOta PilbliC
My commission explres &12-98 ry
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this a �� day of Su v�e- , 199 i{ , before me a Notary Public
within and for said County,personally appeared (1 {�a�(es � T�o v ak, ,.j,Qr r,`�e �_
known to me to be the person(s) described in and who executed the oregoing instrument, and �
acknowledged that he (they) executed the same as his (their) free act and deed.
� � U,�e�
LINDA S. VEE NOta Public
NOTARY PUBLIC - MINNESOTA
• HENNEPIN COUNTY
My commisslon expires 8-12-98
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