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Home My WebLink AboutResolution 3463 • IV 0 N. O CITY of ORONO � RESOLUTION OF THE CITY COUNCIL � r4 ›.43463 Es, NO. ��kE3HDg' A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B) FILE #1949 WHEREAS, Sanford W. Erikson and Margaret J. Erikson (hereinafter "the applicants") are owners of the property located at 4455 Forest Lake Landing within the City of Orono (hereinafter "City") and legally described as follows: Tracts B, C, and F, Registered Land Survey No. 1019, Files of the Registrar of Titles, County of Hennepin, Minnesota (hereinafter "the property"); and WHEREAS, per Section 10.22, Subdivision 1 (B) the applicants have filed for an average lakeshore setback variance for a lakeside deck and four season porch addition that will extend 34' in front of the average lakeshore setback line where no such encroachment is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1949. 2. The property is located in the LR-1B, Lakeshore Residential Zoning District requiring 1 acre or 43,560 s.f. in area. The property consists of 20,249.4 s.f. 3. The Orono Planning Commission reviewed this application as proposed at their August 15, 1994, meeting and recommended approval based on the following unique findings and hardship: A. Higher elevations to the southwest and existing plantings along the shared lot line of the property to the immediate southwest minimize any visual impact by the proposed lakeside addition. Page 1 of 4 Form 5005 Disk Orono .47' CITY of ORONO O O RESOLUTION OF THE CITY COUNCIL i NO. 3463 �`�kEsilag' B. The odd shape of the lake shore lot to the northwest has an impact upon the average lakeshore setback line. C. The proposed addition will have no impact upon the lake views of the adjacent residences at 1146 Wildhurst Trail and 4465 Forest Lake Landing. D. The City is in receipt of a written statement from the property owners at 1146 Wildhurst Trail noting no problem with the proposed improvements. 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 property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) that would allow a 19'x14' four season porch and a 14'x131/2' grade level deck to the lakeside of existing residence to be placed 34' in front of the average lakeshore setback line 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 (September 12, 1995). Page 2 of 4 Farm 5005 Dish Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL ti NO. 346 ? • licisuo4 2. 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. 3. 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 12th day of September, 1994. AT EST: Lid , rel Dorothy M. gin, City Clerk @ ward J. Callahan, Jr., ayor )244fit Property wner(s) STATE OF MINNESOTA ) } ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of September, 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. CAROLE A. HASEMAN NOTARY PUBLIC-MINNESOTA NQ ryPublic HENNEPIN COUNTY MY COMMISSION EXPIRE$ame Page 3 of 4 Form 5005 Disk Orono • `t ev. 0.44 CITY of ORONO _' RESOLUTION OF THE CITY COUNCIL �,E�,Y' (. ' NO. 3 4 6 2 '�'� '; ,ill ►: 4G 9kESiIdg STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ,,MI„j day of e�f�m,(�t,r, , 199 II , before me a Notary Public within and for said County,personally appeareda, ,J �l{,/(so„ 4.. Parfet-es-A T Er'/4,n. hi).6111,411S, known to me to be the person(s) described in and who executed the Toregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. 4 CAROLE A. HASEMAN 2it_i 6/Z..' , NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY Notary Public MY COMMISSION EXPIRES 8-2398 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 4 of 4 Form 5005 Disk Orono r',4 ----- c • C) , A , •-‹ X --, c.- M (1 1; ..Z..:) P.• rn. r',-, '11 \ , ,-,..-...," II 7 M .., — , -11 -, CZ e- r-, - - -4 0 i \ Li CI)411 r,.1 -In — - ,3 M. 1:-..< 0 Cr) _. - -.-? w 3-•• n'; CA -.:- (-kt NI. (A 1 .. .-.