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Home My WebLink AboutResolution 1612 --,- �, . . rJ � J . -k�-� . Cit��of ORONO , �� ,R � ' . � . . . . `� RESOLUTION OF THE CITY COUNCIL � NO. 1612 ;�; '� . • ' • • A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTIONS 34.201 & 34.202 - FILE #812 , WHEREAS, Alan McDowell (hereinafter "the applicant" ) has an interest in the property located at 905 Ferndale Road West within the City of Orono (hereinafter "City" ) and legally described as follows : Lots 108 and 109 , Auditor' s Subdivision No. 184 , Also Lot 13, North Shore Cottage Acres Lake Minnetonka (hereinafter "property" ) ; and WHEREAS, the applicant has applied to the City for variance to municipal zoning code sections 34. 201 and 34. 202 to permit the construction of an attached garage 58 feet from the lakeshore instead of the required 75 feet, with a rearrangement of hardcover to create a _. net reduction of a fraction of a percent of hardcover from the existing approximately 7 . 6� hardcover within the 0-75 foot setback area where � none is allowed and no change in the existing hardcover of approximately 27� in the area within the 75 feet to 250 feet setback • area where only 25% is allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Findings l. This application was reviewed as zoning file no. 812. 2. The property is located in the LR-lA Single Family � Lakeshore Residential Zoning District 3. The Orono Planning Commission reviewed thisapplication on- February 21, 1984, and recommended approval of �the proposed variances based upon the following findings : a) The proposed attached garage will be constructed over existing driveway hardcover, hence this will not increase the net hardcover. b) The proposed porch reconstruction and removal of portions of terrace hardcover will result in a net reduction of overall hardcover on the property. c) The existing maintenance shed within 75 ' of the lake � is a non-conforming structure subject to all pertinent sections of the municipal code. / _ �, u � , c�t� o� oR.oNo � � RESOLUTION OF THE CITY COUNCIL . � NO. 1612 � � • • • . . � 4 . The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staf f, comments by the applicant and the effect of the proposed variance on the healtl�, 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 applicant, but is . necessary to alleviate a demonstrable hardship or difficulty; if necessary to perserve 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. � Conclusions, Order and Conditions Based upon the above findings, the Orono City Council hereby • � grants variances to the Zoning Ordinance Sections 34 . 201and 34 . 202 to permit the construction of an attached garage 58 feet from the lakeshore instead of the required 7S feet, with a rearrangement of hardcover to create a net reduction of a fraction of a percent of hardcover from the existing approximately 7 . 6� Ytardcover within the 0- 75 ' setback area where none is allowed and no change in the existing hardcover of approximately 27$ in the area within the 75 feet to 250 feet setback area where only 25� is allowed, subject to the following conditions : 1. No other variances are granted or permitted with this application except the ones specified above. 2 . Applicant is advised that the existing maintenance shed within 75 ' of the lake is a non-conforming structure subject to all pertinent sections of the municipal code. 3 . Applicant isfurther advised that the property currently exceeds the maximum allowed hardcover within the 75 ' to 250 ' setback .area by 2 percent and that this Council has . • approved new construction within the 0 to 75 ' setback � area where none is allowed. because the applicant has provided concurrent reductions in existing hardcover within the protected area. . .. y. � � clt o� oRONO , • � �' - t RESOLUTION OF THE CITY COUNCIL ' NO. 1612 � • • � • • • 4. 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 (March 12, � 1985 ) . 5 . 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. � 6 . 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 City Council on this 12th day of March, 1984 . ATTEST: . . �, ' �b��A�in'J C�'_,/J � � / Alberta M. Strom, Ci:ty Clerk Mary C. Bu r, Mayor (Property Owner) � � (Property Owner) � (Property Owner) � . • .r . � � � � � Clt� o� ORONO , ; . � RESOLUTION OF THE CITY COUNCIL NO. 1612 , • • • • • , S�TATE OF MINNESOTA ) ) ss . COUNTY OF I�ENNEPIN ) �n this day of U/(1E , 1984 , before me a Notary ��T._. .T_�.� . ..r�.��.�.r� Publi wit n or sa�.d County, personally appeared �A�__^__��D4IFL�.., __ 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 . � r , � —�� ' r"� DOROTHY M. HAI.UN . OTA Y PUBLIC � � � � '-� �: NOTARY PUBLIFMINNESOTA ' ' � HENNEpIN COUNTY My commission oxpire�8�2�-90 � _ ._....,,, �'� �990-- MY OMMISSION 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 �� '