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HomeMy WebLinkAboutResolution 1610./ • ^ r ^ T� ` � Clt� o� ORONO , � l � RESOLUTION OF THE CITY COUNCIL NO. 1610 • � � . � � A RESOLUTION GRANTING A VARIANCE TO ICIPAL ZONING CODE SECTION 34.452 & 34.202 - FILE #813 WHEREAS, Michael Smith (hereinafter "applicant" ) has an interest in the property located at 525 park Lane within the City of Orono (hereinafter "city" ). and legally described as follows : � Minnetonka Summit Park, Lots 4 and 5, Block 6 ' WHEREAS, the applicant has applied to the city for a variance to municipal zoning � code .sections 34 . 452 and 34 . 202 to permit the construction of an addition with a 20 ' rear setba'ck instead of the required 35 ' and to approve 296 sf of additional hardcover over the 3062. 5 square feet maximum allowed in the 75 ' to 280 setback. NOW, THEREFORE BE IT RESOLVED by the City of Orono, Minnesota: • � Findings ' � l. This application was reviewed as zoning file #813. 2 . The property is located in the LR-1B single family lakeshore residential zoning district. 3. The Planning Commission reviewed this application on February 21, 19 8 4, and recommended approva 1 of the proposed variances as amended based upon the following findings: . ' a) The proposal is consistent with development of surrounding neighborhood.� b) There has been an established residence on the property for over 50 years. c) There is adequate turnaround provided on the property. , d) There is no additional land available. e) The physical hardship of the severe slope to the � �lake. • f ) The property could never be developed to meet all the standards of the LR-1B zoning district. • �-' g) Variance was approved by Council on February 8 , 1982. � h) The existing house has been connected to City sewer. ,> `i - ' a Ci.t o� ORONO , � � • RESOLUTION OF THE CITY COUNCIL NO. 1610 • 4 . The City Council has considered this application • ' • • including the findings and recommendations of the Planning Commission, reports by staff, comments by the owner and the affect 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 owner, but is 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 on the above findings, the Orono City Council hereb� � . grants variances to Zoning Code Sections 34 . 452 and 34 . 202 to permit construction of an addition with a 20 ' rear setback instead of the required 35 ' and to approve 296 square feet of additional hardcover � over the 3062. 5 square feet maximum allowed in the 75 ' to 250 ' setback area subject to the following conditions : 1. That the existing garage and shed on the City right of way be removed prior to occupancy. 2 . That• the maximum hardco�er allowed will �be 3 , 358 square feet. 3 . No other variances are granted for this structure. 4 . Proposed house and decks will not encroach on the lakeshore site line of existing neighbors. 5 . Authorities granted by this variance run with the property, not with the owner, but are permissive only and must be exercised by applicant for a building permit within. one year of the date of Council approval, or the varianEe will expire on that date (March 12 , 1985 ) . 6 . 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 be punishable as a misdemeanor. , 7 . 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. -2- clt� o� oR,oNO , � . � RESOLUTION OF THE CITY COUNCIL 1610 Adopted by the City Coun�Qi ^� }'�_ ^__�j• =� �rono, Minnesota at - r meeting held March 12, 1984 . • ' • • • ATT ST: �`; . ' C� Al erta . Strom, City Clerk Mary C. B tler, Mayor Dorothy . I�lli ,, ty City Clerk perty 0 ner) ��G!C(�J,7� a� � (Property Owner) (Property Owner) � . � • � . ' � -3- . : , . • ` Clty o� ORONO , , � RESOLUTION OF THE CITY COUNCIL NO. 1610 • • - • • STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this ��T___,_ day of ---��%!�l<�'�._.__�� 1984 , before me a Notary P b�1ic [�"'�'-'£h'in nd f� said County, personally appeared . �' ���J.�/1LTHb��13�A L.��irN���v�.�.UD l�liF� kno�m to me to e the person (s) described in and who executed the foregoing instrument , and acknowledged that h ;(they) executed the sa, e as his (their) free act and deed . �— , .. � - . �''".: DOROTHY M. MA1U Y P U B L I'- — - -�• -�-�--�-'•- . NOT/tRY PUNdG1i1MiM � � Hy ENoomnwibiNi�p�� -— �.�� �--•--- MY COMMIS� EXPIRES � . STATE OF MINN�SOTA ) ) 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 � �~ � . _4_ .