HomeMy WebLinkAbout#808 Resolution • SCANNED
Cityof OR ! I t 1S BEEN
CITY • RESOLUTION OF THE CIIIK61iCI.LIED
OF NO. 1602
ORONO
Granting A Variance Renewal To Municipal
Zoning Code Sections 34.552 and 34. 202 - File #808
Whereas , Gary Nunnally (hereafter "the applicant") has an
interest in the property located at 3844 Cherry Avenue within the City
of Orono (hereafter "City") and legally described as follows:
Lot 10, Block 3, Crystal Bayview (hereafter "property") ,
and
Whereas , the applicant has applied to the City for a
variance to Municipal Zoning Code Sections 34 . 552 and 34 . 202 to permit
the construction of a new residence on a lot with 11 , 296 square feet in
area instead of the required 21 ,780 square feet, approve a lot width of
50 feet instead of the required 100 feet and approve 366 square feet of
additional hardcover over the allowed amount of 1 ,887 square feet of
hardcover .
Now, Therefore Be It Resolved by the City Council of Orono ,
Minnesota :
Findings
1 . This application was reviewed as Zoning File No. 808 .
2. The property is located in the LR-1C Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
January 16, 1984 , and recommended approval of the proposed
variance as amended based upon the following findings:
a) To relocate the proposed structure closer to street in
order to decrease the hardcover on property would create
severe sight limitations for new residence due to location
of existing houses on adjacent properties located within 0 -
30 feet of lakeshore.
b) There is no available vacant land to be combined with the
property.
c) A house has existed on the property for over 40 years.
d) Sewer assessments have been levied against the property
and existing house has been hooked to sewer .
City of 0 s BEEN
CITY RESOLUTION OF THE CI NO'V ED
OF NO. 1602
ORONO
e) Proposed plan cuts down on land to be disturbed on
property.
f) The proposed application has been approved by City Council
in 1979 and 1981 .
4 . The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by City staff , comments by the owner 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 effect traffic conditions, light , air nor
pose a fire hazard or other danger to neighboring property; would
not merely serve as a convenience to the owner , but is necessary to
alleviate ademonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the owner ; 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 to Municipal Zoning Sections 34 . 552 and 34. 202 to permit the
construction of a new residence on a property with 11 ,296 square feet in
area instead of the required 21 ,780 square feet of area , approve a lot
width of 50 feet instead of the required 100 feet and approve 366 square
feet of additional hardcover instead of the allowed amount of
hardcover at 1 ,887 square feet, subject to the following conditions:
1 . Prior to the issuance of a building permit , the sheds on the
property must be razed . Prior to the final inspection for the
new residence, the existing house must be razed .
2. The total improvement of the property is limited to 2, 253
square feet of hardcover or a 366 square feet hardcover variance
and the owner of the property is hereby advised that the City will
not approve any future improvements that result in additional
hardcover and that if such improvements are proposed that they be
counter balanced with the removal of existing hardcover .
3. Open deck must meet 75 foot setback from lakeshore.
city of o . 5
CITY F t-
RESOLUTION OF THE h' ' X L,_ ---
OF 1602 , ';l
NO.
ORONO
4 . Authorities granted by this variance run with the property
not with the owner , 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
(February 13, 1985) .
5. Violation of or noncompliance 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 .
6 . The undersigned owner 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 13th day of February, 1984 .
ATTEST: CITY OF ORONO
*41)14::1
City Clerk Acting Mayor
(1) G
opert{ Owner (s)
(2\)si
Prop ty wner (s)
(3)
Property Owner (s)
A "skVre,..City ofdLNQ iEEN
CITY • �3 .,
RESOLUTION OF THE�Ctl�api
OF NO. 1602
ORONO
STATE OF MINNESOTA )
ss .
COUNTY OF HENNEPIN )
On this Z day of -Me4—te.el , 1984 , before me a Notary
Public within and fo said County, personally appeared
/. ,4 known to me to
be a person(s) cri ed and who eiOcuted the foregoing
instrument, and acknowledged that he (they) executed the same as his
(their) free act and deed .
IWO"' Q OTA
N TAR P B L CY5 f1 .I.
! ,030c- `N719�5' ,7:11:: NOTARrR,9 r`pR Z
iti /98
tGOMMossioNe . -0` .
M COMMISSuN EXPIR
ES r
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of , 1984 , before me a Notary
Public w thin 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
MY COMMISSION EXPIRES
City of ORION() a
CITY RESOLUTION OF THE CI*4 r� a� ESN
OF NO. 1602
ORONO
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this day of , 1984 , 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
MY COMMISSION EXPIRES