HomeMy WebLinkAbout#1754 Resolution 3143CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3143
A RESOLUTION GRANTING
VARIANCES TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 (B), SECTION 10.22, SUBDIVISION 2
AND SECTION 10.25, SUBDIVISION 6 (B)
FILE 11754
WHEREAS, E. Leo Bullock (hereinafter "the applicant")
is the owner of the property located at 2940 Casco Point Road
within the City of Orono (hereinafter "City") and legally
described as follows:
Tract O, R.L.S. No. 461,
(hereinafter "the property"):
Hennepin County,
and
Minnesota
WHEREAS, the applicant has applied to the City for
after-the-fact variances to Municipal Zoning Code Section 10.22,
Subdivision 1 (B) to permit structural repairs of a deck that
encroaches 1 1 · 3" in front of the average lakeshore setback where
no such encroachment is allowed, a variance to Section 10.22,
Subdivision 2 where the reconst~ucted deck is located within the
75-250' setback area where an excess of hardcover at 5,046 s.f.
or 45.6% exists and where only 25% is allowed and a variance to
Section 10.25, Subdivision 6 (B) as deck is located 9' from the
north side property line instead of the required 10'.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1754.
2. The property is located in the LR-lC, Single Family
Lakeshore Residential Zoning District requiring 21,780
s.f. or 1/2 acre in area. The property consists of
17,425 s.f. or .4 acres.
3. The Orono Planning Commission reviewed this application
on July 20, 1992 and recommended approval of the
proposed after-the-fact variances based upon the
following findings:
A. The house and deck were constructed sometime in
1955 prior to the shoreland regulations of the
City adopted in 1973-75.
Page 1 of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3143
B. The major structural repair of deck did not
involve an expansion from the existing building
envelope.
C. The lots on Casco Cove are located on a curved
portion of shoreline and the slight encroachment
of the average setback line has no real impact on
the views from the adjacent residences.
D. The City has received a letter approving the
reconstruction of the deck from the neighbor
receiving the most impact from the existing deck.
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 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 variances 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 variances to Municipal Zoning Code
Sections 10.22, Subdivision 1 (B), Section 10.22, Subdivision 2
and Section 10.25, Subdivision 6 (B) that will approve the major
structural repairs to an existing deck located l' 3" in front of
an average lakeshore setback, improvements to a structure where
excesses of hardcover exist within the 75-250' setback area at
5,046 s.f. or 45.6% and where the deck is located 9' instead of
the required 10' from the north side lot line. This approval is
subject to the following conditions:
Page 2 of 4
CITY of ORONO
RESOLUTION O F TH E CITY COUNCIL
NO. 314 3
1. Applicant shall obtain a penalty building permit from
the City within 10 days of the approval of this
resolution (August 6, 1992).
2. Authorities granted by this resolution run with the
property not with the applicant, but are permissive
only.
3. 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.
4. 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.
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 27th day of July,
·199.2.
E. Leo Bullock
STATE OF MIN~ESOTA )
) ss.
COUNTY OF HENNEPIN )
J . Diann Goette n , Actin g Mayor
The foregoing instrument was acknowledged before me on
this 27th day of July 1992, by ~~11 /,//f~tfa f ?f>/1 & Dorothy M.
Hallin, Mayor & City Clerk of ih~"tii1/~f oi6rio~·a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
CAROLE A. HASEMAN
NOTARV P\JBLIC-f,!INNESOTA
HENN EP IN COUNTY
I.I V COk:!,!ISS ION EXPI RES 0-23-98
(.,,c::-.o,~-~?,,;,,<,-"6-0• • ..,.,.,,...,_, ..... ~ Page 3 of 4
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.· 3143
On this ;? ? t!J day of \Jut / v , 19 9 ~
before me a Notary Public within and for /said county, personally
appeared C L frJ ./Ju.UocK ./-Scu,dOJ..-f3uJ!ocL1matr:,'e)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 B-12-96
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
RY 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 foregoinginstrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
Page 4 of 4
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLUTION #3143
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 c1 resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of th~
proceedi.ngs of said City Council at a meeting of said City Council held
on July 27 , 19 92 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 set my hand and seal this
29th , day of ----=-=,.,__ __________ ' 19 ---~9.L.,2 __
(SEAL)
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TEL 612-333-4800
FAX 612-334-8888
(612)° 334-2533
August 20, 1992
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INTERNATIONAL OFFICES:
LEIPZIG, GERMANY ·
TEL 01137·41·4918471
STUTTGAR~ GERMANY
TEL 01149·711·296303
Ms. Jeanne Mabusth
CITY OF ORONO
AUG 2 1 1892.
,... ,...,..,
P.O. Box 66
Crystal Bay, Minnesota 55323
Dear Ms. Mabusth:
Enclosed a~e original documents which have been filed in
Hennepfn County:
Resolutibn No. 3070, recorded as document no. 5~45805 on
July 23, 1992;
Resolution -No. 3135, recorded as document no. _5942050 on
July 16, '1992;
Flo~age and Coriserv~tion Easement ahd Waiver · of Damages,
recorded as document no. 5942052 on July 16; 19~2;
Drain~ge, Utilities and Trail Easement, iecorded as ddcument
nq~ 594i053 on July 16, 19~2i
Also enclosed are original Resolution Nos. 3142 and 3143. These
documents cannot be recorded because they are Torrens property and
are for variances.
Should yo~ have any questions regarding the enclosed
documents, ~lease give me a call.
Enclosures
35NEH
Sincerely, .. . tJJ,,J1l/ddlm
Carol HOstirigs "fl"
Legal Secretary to
Nancy E. Husnik