HomeMy WebLinkAboutResolution 1602 , - ,.
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- �'*� " RESOWTION OF THE CITY COUNCIL
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Granting A Variance Renewal To Municipal
Zoning Code Sections 34.552 and 34.2H2 - File #8H8
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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 leqally described as follows: .
Lot 1�1, Block 3, Crystal Bayview (hereafter "property") ,
and .
' Whereas , the� applicant has applied to the City for a
variance to Municipal Zoning CodeSections 34 . 552and 34. 202to permit
� the construction of a new residence on a lot with 11 , 296 square feet in
area instead of the required 21 ,780 squa.re feet, approve a lot width of
5�J feet instead of the required l�� feet and approve 36h square feet of
additional hardcover over the allowed amount of 1 ,887 square feet of
hardcover .
• Now, Therefore Be It Resolved hy the City Council of Orono ,
Minnesota : '
. Findings
I . This application was reviewed as Zoning File No . 808 .
` 2. The property is located in the LR-IC Single Family Lakeshore
Residential Zoning District. �
3. The Orono Planning Commission reviewed this application on
,7anuary 16, 1984 , and recommended approval of the proposed
variance as amended based upon the following £indings:
a) To relocate the proposed structure closer to street in
order to decrease the hardcover on property would create
severe sight Iimitations for new residence due to location
of existing houses on adjacent properties Iocated within � -
� 39 feet of lakeshore. � .
b) There is no available vacant Iand to be comba.ned 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 .
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RESOLUTION OF THE CITY COUNCIL
� �` �� ' 1602
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, e) Proposed plan cuts down on land to be disturbed on
property.
f) The proposed application has been approved by City Council
in I979 and 198I .
4. The City Council has considered this application including
the fimdings 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, Iight, 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 ordifficulty; isnecessaryto
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 Sections34. 552and34. 202to permitthe
construction of a new residence on a property with 11 ,296 square feet in
area instead of the required 27. ,780 square feet of area , approve a lot
' width of 50 feet instead of the required 109J feet and approve 356 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 tiardcover 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 i f such improvements are proposed that they be
� counter balanced with the removal of existing hardcover .
e � 3. Open deck must meet 75 foot setback from lakeshore.
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'` RESOLUTION OF THE CITY COUNCIL
� � NO. 1602
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. 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 I3 , 1985) ..
5. Violation of or noncompliance with any of the terms and
conditions of this variance shall constitute a violation of the
zoning code, shallautomaticallyterminateanyauthority granted
herein, and shall be punishable as a misdemeanor . �
� 6. The undersigned owner hasread , understood and herebyagrees
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, I984 .
• ATTEST: CITY OF ORONO
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� City Clerk Acting May r
(1) �l
roper Owner (s) �
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(2)
Prop ty Owner (s) }
(3) _._._
Property Owner (s)
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Cit� of ORONO
'• � '' RESOLUTION OF THE CITY COUNCIL
� . NO. 1602
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� STATE OF MINNESOTA )
) ss. .
COUNTY OF HENNEPIN ) ,
� On this 2� r day of , I984 , before me a Notary
Public within and for said County, personally appeared
. � known to me to
be t person(s) scribed i and who exec ed the foregoing
� instrument, and acknowledged that he (they) executed the same as his
(their) free act and deed. ,
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..r� �` NpTARY pUG�-tC.h11NZ7.t9ga '
My GOMM�SBION EXPIRES ApR� '� . .
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MY �OMMISSION XPIRES
• 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 �
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Cit� o� ORONO
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RESOLUTION OF THE CITY COUNCIL
� • NO. 1602
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' 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
• �