HomeMy WebLinkAbout#1561 Recorded Resolution 28675721346
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 28 67
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS
FILE f:1561
WHEREAS, Christine Beck (hereinafter "the applicant")
is the owner of the property located at 3820 Cherry Avenue within
the City of Orono (hereinafter "City") and legally described as
Lots 3, 4, and 5, Block 3, Crystal Bay View, Hennepin County,
Minnesota (hereinafter "the property ")i and
WHEREAS, the applicant has applied to the City for
variances to Municipal Zoning Code Section 10.22, Subdivisions 1
and 2 to permit an expansion of a lakeside deck that will extend
37' from the shoreline instead of the required 75' resulting in
30 square feet of additional hardcover, resulting in a total of
1,804.4 square feet or 16% of hardcover within the 0-75' setback
area where none is allowed.
NOW, THEREFORE, BE IT RESOLVED by the ·City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1561.
2. The property is located in the LR-lC Single Family
Lakeshore Residential Zoning District requiring 1/2 acre in
area. The property consists of 30,540 s.f. or .7 acres.
3. The Orono Planning Commission reviewed this application
on August 20, 1990 and recommended approval of the proposed
variance based upon the following findings:
TRANSFER ENTERED
A) The deck extension along the front of the house
will provide less of a visual impact and is less
intense in structure than the portion of the existing
structure to be removed.
DEPT . OF PROP ERTY TAX & PUBLIC RECOfffiS
NOV 9 1990
B) Expansion will result in minimal hardcover
increases (30 s.f.) and encroachment into the lakeshore
protected area (4").
Page 1 of 3
City of ORONO._.
RESOLUTION OF THE CITY COUNC~L ,./
NO. 2 8 67
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 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Counci 1 hereby grants variances to Municipal Zoning
Code Section 10.22, Subdivisions 1 and 2 to permit lakeside
expansion along the front line of the house of an existing deck
that will encroach 4" into the lakeshore setback area and result
in an increase of 30.4 square feet of additional hardcover. This
approval is subject to the following conditions:
1. Authorities granted by this resolution 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 (September 10, 1990).
2. 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 ~e punishable as a misdemeanor.
3. The undersigned applicant has read, understood and
hereby agrees to the terms of this resolution and on behalf
of herself, her heirs, successors and assigns, hereby agrees
to the recording of this resolution in the chain of title of
the property.
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I
I , .. •
City of ORONO _.
R ESOLUTION OF THE CITY COUNCIL
NO. 2 8 67
,:· Adopted by the City Counci 1 of the City of Orono,
M.i~nesota at,a regular meeting held on the 10th day of September,
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Prope~~Y Owner(s)
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on
this 10th day of September 1990, by James R. Grabek & 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.
THERESA L . NAAB
NOTARY PUBLIO • MINNESOTA
H ENN EPIN C OUN T Y
My comm issi on exph'es 9-8-92
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ss.
Notary Public
On this _ ___,_ _____ day of ~JR~ , 199 .Q_
before me a otary within andor said county, personally
appeared r' +· <!._)C
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.
T HERESA L. NA AB
NOTARY PUBUO • MINNESOTA
HE NN EP IN CO UNTY
My oommllalon exph·ea 8-8-92 Notary Public
Page 3 of 3
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.,
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )·
)
CITY OF ORONO )
RESOLUTION #2867
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
for e·g o in g copy of a res o 1 u ti on of the City Co u n c i 1 of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on September 10 , 1990 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 hereunto s~t my hand and seal this
11th , day of -----~------------· 19_9_0 __
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