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Home My WebLink AboutResolution 3336 • ; ' , . . f� O � . � � CITY of ORONO . O ;,� O . • , ��•=' . RESOLUTION OF TI� CITY COLTNCIL �l ��' ' -;� ,'a, �, �o �, � � b;� �, N0. e`� e� e� � Y � ��9� o¢�G E3H A RESOLUTION GRANTING A VARIANCE TO , MUNICIl'AL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE #1855 WHEREAS, Paul E. Bowman (hereinafter "the applicant") is the owner of the property located at 3458 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: � � That part of the Northeasterly half of Lot 19, "Lydiard's Park" Lake Minnetonka, lying Southeasterly of the Northeasterly extension of the Southeasterly right-of-way line of Birch Lane as shown on the recorded plat of "Baldur Park", Hennepin County, Minnesota (hereinafter "the property"); and • WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit construction of a second story above the existing residence structure located 4'8" from a side lot line where a 10' setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, �i ,Minnesota: :�� , FINDINGS , 1. This application was reviewed as Zoning File #1855. 2. The property is located in the LR-1C, Lakeshore Residential Zoning District . requiring 1/2 acre in area. The property consists of approximately 13,229 s.f. 3. The Orono Planning Commission reviewed this application on September 20, 1993, and recommended approval of the proposed variance based upon the following hardships and unique findings: A. The house was constructed prior to zoning standards for residential construction some time in the early '40s. � Page 1 of 5 � � Fmn5005 Qitko�ono O . � �' � CITY of ORONO � �� .� � � • e�� RESOLUTION OF THE CITY COUNCIL � ��' � � �" �, � s a,� ��, NO. � e� � � ��9� og'�G - ESii B. The only variance sought for the improvement is a side setback variance from the east lot line. C. The existing elevations and the mature vegetation will minimize impact of second story expansion on residence to east. D. Staff has received no negative comments from adjacent neighbors who have signed acknowledgment forms. E. The existing structure consists of only one bedroom and is incapable of supporting the needs of a growing family. ' . F. The residence structure is located 7'2" from the east side lot line and the � existing fireplace is 4'8". The proposed improvements will extend no � closer to east lot line. • 4. The City Council fmds 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 applicant, but is necessary to alleviate a �I��° �� demonstrable hardship or difficulty; is necessary to preserve a�substantial properry 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 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 10.25, Subdivision 6 (B) to permit the construction of a second story above an existing single story residence to be located 4'8" from east side lot line requiring a 5'4" or 54% variance, subject to the following conditions: � Page 2 of 5 Fam 5005 Disk Qaa � �� . O :. O . CITY of ORONO � • � :a�`�=' , RESOLUTION OF THE CITY COUNCIL . 1 •.,3 ::' �� ti �', � s. a,�,,.: �� , N0. e�' e� � � � � ��9� og�G � �. E$Ii . � 1. 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 (October 11, 1994). 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 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 Orono City Council on this llth day of October, 1993. • _ . A ST: D rothy llin, City Clerk w rd J. Cal 'an, Jr., Mayor Pro erty Owner(s) • Page 3 of 5 r�soos a�ao� o . � � ��' CITY of ORONO � • � �� ..� � � � :�� , RESOLUTION OF TI�CITY'COUNCIL � � ".�.::� � � � � �� ,, b�.y � N0. � � ` �b' G� , �`9�'ES�I�g'� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this llth day of October, 1993, 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. �� dAMIE L.�BOSMA Nota Public ��''' ' NOTARY PUBUGMINNESUTA • 'V�' � HENNEPIN COUNTY . _. • 4 '.,.••°� MY Comm.Expi�es 12-19-97 • • ' � Page 4 of 5 . � ro�soos a�xa�M . � °� , . O ,. O CITY of ORONO , �:e�"' RESOLUTION OF THE CITY COITNCIL � �`,�',, � ;. �;� ti NO. � ec�' r� � � ti _ '��`q�t' Og'�G Es8 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this //�"h day of �n f��Pr , 199 3 before me a Notary ' Public within and for said county,personally appeared �7, ��,N�.r,o n c�n�/ (3. (�. �3�i,vs�a nT h vs�„ Q„� �n,;�� 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. CAROLE A. HASEMAN j NOTARY PUBLK'r-MIrWESOTA ' HENNEPIN COUNiY ' �� A1"�'""'�'0N�"�� NOTARY PUBLIC � � _ 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 5 of S � � � . r«�soas m�ao�o