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Home My WebLink About#1827 Recorded Resolution 32896129895 CITY of ORONO RESOLUTION OF THE CITY COUNCIL ~ 2 0 ~-. NO. !"~ ',:) A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS l(B) AND 2 FILE #1827 WHEREAS, Richard Henry Nelson (hereinafter "the applicant") is owner of the property located at 3908 Cherry Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 14 and 15, Block 4, Crystal Bay View, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit the constmction of a new roof and 17'x12' roofed deck addition to the rear of their residence located in front of the average lakeshore setback line where no such encroachment is·allowed and for expansions of the existing building envelope located within the lakeshore protected area where no such expansions are allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1827. 2. The property is located in the LR-lC Zoning District requiring a ½ acre or 21,780 s.f. in area. The property consists of 23,220 s.f. or .53 acres. 3. The Orono Planning Commission reviewed this application on May 17, 1993, and recommended approval of the variances as amended based on the following findings: .... ,.,., ...... ENTEltiD DEPT. OF PROPERTY TAX & PIJSLIC RECORDS Page 1 of 5 AUG 9 1993 ~N. 8 --□EPUTV Form5005 DiskOrooo CITY of ORONO RESOLUTION OF THE CITY COUNCIL 0 (e;} r~ NO.~('_"' A. The existing residence was constructed prior to current zoning standards for lakeshore development. B. The existing roof is in need of repair. The new design will help provide positive drainage immediately off roof and from structure. C. The total structure is located in front of the average lakeshore setback line. D. Structural coverage of the property is at 2,524 s.f. or 10.8% where 15% would be allowed. 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 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 variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit the construction of a new roof and 12'xl 7' roofed deck structure located in front of the average lakeshore setback line where no such encroachment is allowed and the expansion of the existing building envelope within the lakeshore protected area, subject to the following conditions: Page 2 of 5 form 5005 Disk OroM 1. CITY of ORONO RESOLUTION OF THE CITY COUNCIL ,0 ,,) NO. ~J> ,;,, Applicant shall provide a grading and drainage plan at the time of the filing of the building permit application for the new construction. The drainage plan shall address changes in elevations along south side of residence providing positive drainage from structure. 2. All hardcover improvements scheduled for removal shall be completed prior to initial inspection of building inspector for new construction. Removals shall be completed as shown on page 5 of this resolution. 480 s.f. of area defined as rock with plastic shall be replaced with grass sod. 3. 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 (June 14, 1994). 4. 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. 5. 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 14th day of June, 1993. Page 3 of 5 form 5005 Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of June, 1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota muriicipal corporation and said instrument was executed on behalf of the City. LINDA S. NOTARY PUBLIC • HFNNEPIN My commission STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary Public On this ,;?t.J. + J,, day of ;};1 )H"-, 199 z_ before me a Notary Public within and for said county, personally appeared f(; (Lbard l-l~n h Oe I So 1--, .• mcw,"'kd to £. Bee/a ,'5 known to me to be person(s) described in and w o executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A. HASEMAN NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY MV COMMISSION EXPIRES 11-23-98 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this J._ q-1:i, day of .Ju rie. , 199 l_ before me a Notary Public within and for said county, personally appeared /3 r."_tni ar,,'e/_ h /V, arl f/enr · //e,{5o11 known to me to be person(s) described in and who executed the foregoing · rument, 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 8-12-96 Page 4 of 5 Notary Public fOJmSOOS Disk Orono CERTIFICATE OF SURVEY FOR DICK & BETH NELSON OF LOTS 14 & 15, BLOCK 4, CRYSTAL BAY VIEW HENNEPIN COUNTY, MINNESOTA . Dl:SIG~m IW LEGAL DESC1!PTION OF PREMISES SURVEYED: Lots "4 ond 15, Block 4, CRYS?AL BAt VIEW. This survey inter,ds to show the boundaries of the abovF df!Hribed property. and the location of an existing house, two sheds, and all ot.l1flr visible ''Hardcover" thereon. 't does not pui-port to s!10w any other improveMents or encroach-· ments. De1otes iron marker· Bearings shown are based upon an assumed datum. REVl51l.ll\: DATI. DE..C:,CRll'llO~ Page 5 of 5 I lwrd-1y ct·rtih· tli.11· thi-. ~urwy w,1.., rn•pJrt·d I>~· mt' t1r undl't m~· direct ~up;.•r· , j..,jon .• rnd Iha! 1 am a duh-rt•~i~h•rt•d Civil 1.nt,iinrer and Und Survry(lr undl'T !ht• law!, or lht• Sl,lll' of ~illlnt'!-,\l!il OATI 4-·21-93 1011 l\'(l 93·/4) RESOLlJrION # 3 2 8 ij -;,j -·., .i STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the f o r e:g o i n g co p y o f a r e 's o 1 u t i o n · o f t h e · C i t y Co u n c i 1 o f t h e C i t y o f O r o n o 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 June 14 , 1 993 a n d that t he same i s a tr u e and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto se ·t my hand and seal this 17th , d a y o f June , 1 9 9 3 ---- i·' ,,_.~ -:)(i~\''.l~iJ,:":• _. • \'~i:,i: .. ;~1 (:_" ./(/:/i11\•}'_\~~-i,1 ' •~t;r~,:e••·•,.. ·:.: ( s Ek :;i . ,;;;r·_: ·/ , I . ... qJ) "'j} 7 ~?.{/? -sJ/-fl.(/<1 v ./ ·-Jb})Xzj ' .. ;--:_ 6129895 =33 B6129895 SCD $4.50 1 ,33 B6129895 o □c $15 .oo t .. , CFFG C.~ C: hi':·; CC,F:D ER H['i:.:r ,:I CC'~'.!1 Y, H,:,~iESOT A • · ~~ r-:· ~r: ;•m oR •.• .'"..ti 3 ~G-9 f,H II: 28 --6129895 CC .RECORCER k VY/