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Home My WebLink AboutResolution 3289 p 6129895 t CITY of ORONO O � O RESOLUTION OF THE CITY COUNCIL NO. _� 2 G A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1(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 construction 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-1C Zoning District requiring a '/i 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: TRANSFER ENTER DEPT.OF PROPERTY TAX&PUBLIC RECORDS Page 1 of 5 AUG 9 1993 INCj� : TY MIN g DEPUTY Form saosDisk ow O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 2 �'ES80 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'x17' 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 Fine M USM Om • .f O CITY of ORONO RESOLUTION OF THE CITY COUNCIL E88 1. 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. A FST: a11in _City Clerk Edward J. Call an, Jr., Mayor �. roftierty Owne s Page 3 of 5 Porn 5005 Disk Orono O CITY of ORONO m� RESOLUTION OF THE CITY COUNCIL kE8Yi04�' 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 municipal corporation and said instrument was executed on behalf of the City. =- MINN�ESOTA :NOTARYSOTAElp. Y12-96 Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of h , 1993 before me a Notary Public within and for said county, personally appeared Ke.herJ Pcong Veln,-i:3 , r1lCirded to P. grein' known to me to be 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 NOTARY PMr,.MMNEWA HENNEPIN CC�IJNTY My COMMW ON EXPIRES sssas Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of �u r , 199 3 before me a Notary Public w/}ithin and for said county, personally appeared in i a rn e l- a�� f/2n r A111-50M known to me to be person(s) describedam and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. LINDA S. VEE NOTARY PUBLIC - MINNESOTA NO Public HENNEPIN COUNTY My commission expires&12.68 Page 4 of 5 Fam SWS Disk Oras CERTIFICATE OF SURVEY FOR 2 coo C0 DICK & BETH NELSON OF LOTS 14 & 15. BLOCK 4. CRYSTAL BAY VIEW HENNEPIN COUNTY. MINNESOTA ly pp y ' le 4511, ' h w f � S LEGAL DESCR!PTION OF PREMISES SURVEYED: 1 Lots '4 and 15. Block 4, CRYSTAL BAY,VIEW. !\ This survey intends to show the boundaries of the above described property, and the location of an existing house, two sheds, and all ot.:,er visible "Hardcover" thereon. 't does not purport to show any other improvements or encroach- ments. i o Delotes iron marker- Bearings shown are based upon an assumed datum. Page of. 5 KALE DINGNED BY REvlsk N DATE DESCWI'fION In Ihcreb%cerlifv that this sirvvv walpn•paredM memunderme directsuf -eisamand that I am a duie regiorred Civil Engneer and Land S6nevor under the laws of the Statr of Nimn—,ta klark S.C k•rg Nflnnewta L,cense N lh•r 127S9 ?j-laj REsOwrION # 32 �t 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 foregoing copy of a resolution of the City Council 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 June 14 , 1993 , 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 have hereunto se-t my hand and seal this 17th day of June 19 93 r", yr . At rfir o thy M llin, City Clerk A, (SE 6129895 9RUOx. l.33 85129895 SCD $4.50 9AGG9 1:33 85129895 DE}C $15.00 OFFIE C ORDER NE ti;i=ri i C._. i Y.Ml i E S 0 T A CR 93 G -9 AH I l: 28 G,: .. CO.RECORDER TY � E