HomeMy WebLinkAbout#1140 Resolution 2186.. .
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2186
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 {B)
FILE 11140
WHEREAS, Tom Berthiaume and Cherryl Kachenmeister (hereinafter
"the applicants") aie the owners of the property located at 3035 C~sco
Poin~ Road within the City of Orono (hereinafter "City") and legally
described as follows:
All of Tract A, Registered Land Survey No. 394 except that part lying
Northerly of the following described line: Beginning at the
Southeasterly corner of Tract Bin said Registered Land Survey; thence
Southwesterly along a line drawn through a point on the base line as
shown on said Registered Land Survey, 80 feet Northwesterly from its
intersection with the Southeasterly line of said Tract A, to the shore
·of Lake Minnetonka, and there terminating, files of Registrar of
Title~, County of Hennepin, State of 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 the
construction of a second story addition over the existing attached garage
which is located 7.1' from the side lot line were a 10' side 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 #1140.
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 4,
1987, and recommended approval of the proposed variance based upon the
following findings:
A) The existing garage is 7.1' from the south side-property
line.
B) Upward expansion rather than outward is the most appropriate
method to expand the house given the relative narrowness of the
lot and the existing hardcover percentage of 50-60%.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _2_1_8_6 ____ _
There wtll be no resultant encroachment on any lake views
from any neighboring property.
D) There will be no significant impact on the quality or
quantity of run-off to the lake as a result of this upward
expansion.
~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 demon
strable 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance per Municipal: Zoning Code Section 10.25, Subdivision 6
(B) to permit the construction of a second story addition over the existing
attached garage which is located 7.1' from the side lot line where a 10'
side setback is normally required, subject to the following conditions:
1. Authorities granted with 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 (May 26,
1988).
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 agrees
to the terms of this resolution and on behalf of themselves, their
heirs, successors and assigns, hereby agree to the recording of thi·s
resolution in the chain of title of the property.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2186
by the Orono City Council on thi~ 26th day of May, 1987.
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. .. ,. .. ,
STATE OF MINNESOTA )
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2186
) ss.
COUNTY OF HENNEPIN )
,.,
On this //t:6 day of :J;;_/'\.e__ , 1987
before me a Notary Public within and for said county, personally
appeared eAe.rr-tt_L m. kc:1t..<U,enrneisk..r
kno~n to me to be e 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
MY COMMISSION EXPIRES
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
On this / ;J-J:b day of ;Ju 11. Q__ , 198 7, before me
a "Naj;ary Public within and for said County, personally appeared
1.b_t;yna..S Pu £.e,v -HJ /a UW 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.
e THER!:SA L NAAB
NOTARY PUISUC • MINNESOTA .Jl~~N~92
NOTARY PUBLIC
MY COMMISSION EXPIRES
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