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Home My WebLink AboutResolution 1614 � � , ;.� � � � Cit� of ORONO • ' � � RESOLUTION OF THE CITY COUNCIL � � NO. 1614 � • � • • GRANTING A VARIANCE TO MUNICIPAL � ZONING CODE SECTIONS 34. 201 AND 34.2H2 - FILE 815 Whereas , Ralph C. Bagley is the owner (hereafter "owner" ) of a �property legally described as follows: Tract A, Registered Land Survey No . 441 , Files of Registrar of Titles, County of Hennepin, except that part embraced in Registered Land Survey No . 902, -Files of Registrar of Titles. ' � ^. - � Tracts A and C, Registered Land Survey No . 902, Files of ., Registrar of Titles, County of Hennepin•, (hereafter "the property") , . located within thP City of Orono (hereafter . , . "Ci ty�� a.nd ' Whereas , the owner has applied to the City for a variance to • Municipal Zoning Code Section 34. 201 to permit the construction of a screened porch (28. 7 ' x 13 . 4 ' ) 12 feet from the lakeshore instead of the required 75 feet and the construction of a bay window (4' x 8 ' ) 55 feet from ,the lakeshore instead of the required 75 feet and a variance to Municipal Zoning Code Section 34. 202 approving the addition of 424 sf or 1 .6� of hardcover created by the improvements requested above within the lakeshore protected area where none is allowed . � Now; Therefore Be It Resolved by the City Council of Orono , Minnesota : . ' Findings _ � 1 . The application was reviewed as Zoning� File No. 815. : � _ " 2. The property is located in the LR-lA Lakeshore Residential . Zoning District. � 3 . On February 21 , 1984. , the Orono Planning Commission � reviewedthisafterthefactvarianceapplication involving � improvements made to the property without the required permits and approval• by the� City, Planning Commission recommended approval of the variances as requested based on the following findings: � • . � a) the property is surrounded� by water on three sides. b) any improvement made to this property would require setback and hardcover ,var-iances to the Municipal Zoning Code. , � . L.� _ � clt� o� oR,oNo • . � Q� RESOWTION OF THE CITY COUNCIL � NO. 1614 • � • • c) a house has existed on property for over 30 years. d) the m�jority of the hardcover credited against this property at� 4 , 40a sf consists of a shared gravel �rive that also serves adjacent house on property to east . el the owner plans to redirect roof drainage from screened porch located I2' from Lake Minnetonka to retention area that wiil provide ground absorption rather than permit drai.nage to run directly into lake . f) the propose� and existinq improvements on the property � � are consistent with the existing imp,rovements on the ' surrounding neighborhood properties. � g) the owner occupies the residence on the property and no longer rents the subject structure . - • h) the City has received written comments from the neighbors all confirming approval of the proposed improvement of the property. 4 . The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by staff , the written comments of the surrounding propertyowners, thewritten commentsof theowner ' sattorney and the effect of the improvements 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 cbnditions, light, air nor pos� 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 hardshipor difficulty; is necessary to 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. � • . L.� _ � Clt� o� ORONO • ' a� � RESOWTION OF THE CITY COUNCIL � NO. 1614 , • � • • CONCLIJSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Zoning OrdinanceSections34. 201and34. 202approving the construction of a screened porch I2 feet from the lakeshore instead of the required 75 feet and a bay window 55 feet from the lakeshore instead of the required 75 feet and a hardcover increase of 424 sf or 1 . 6� suUject to the f_ollowing conditions: • 1 . Owner will redirect roof drainage from screened porch away from lake into a retention area to be approved by the City. • 2.� Owner must obtain a building permit for all new construction � � . based on after the fact fee schedule and all work on improvements covered by that permit must satisfy alI standards of the Uniform � Building Code. • 3. No other variances are granted or permitted with this application except the ones specified above. 4. All improvements on this property are limitec� to 7 , 6101 sf of hardcover (3, 21f3 sf for the house and 4,40.01 sf for the shared � driveway) , owner is hereby placed on notice that the City will not approve future improvements to the property that encroach further into the protected lakeshore setback area . 5. 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 (March 26, 1985) . - . - 5. Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the Zoning Code, shallautomaticallyterminateanyauthoritygranted herein, and shall be punishable as a misdemea.nor . 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 chair� of title of �the property. • � � i� ♦ � � • . 1 Adopted by the Orono City Council on this 26th day of March, 1984 . ATTEST: CITY OF ORONO City Cler�� Mayor �� - (I) Pro e ty Owner . " — �2�=��`�o __ __.--_ _.__ . Property Owner (s) • �3� -- — — — _.^.� Property'Owner (s) 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 . � .. . G� ��w� ROBERTG. MITCHELL. JR. NOTARY PUBLIC ,�,., � ;.ti':�•!! ' NOTAfiY PUBLIC-MINNESOTA �e� HENNEPIN COUNTY , _ "��• My Commiseion Expires Fsb 8.19II� • , MY' COMMISSION EXPIRES � • . ,� - ° . ' �, • � � Clt� o� ORONO • ' a� RESOLUTION OF THE CITY COUNCIL � NO. 1614 A • � • • � STATE OF MINNESOTA ) , ) ss . COUNTY OF HENNEPIN ) On this _ day of , 1984 , before me a Notary Public w.ithin 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 PIJBLIC � f� ~ � MY COMMISSION EXPIRES �~ �� STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this ° day of , 1984 , before me a Notary Public wi�thin and for s ia d County, personally appeared . � known to me to be the person(s) described in and who executed the foregoing instrument, and ackriowledged that he (they) executed the same as his (their) free act and deed . NOTARY PUBLIC , MY COMMISSION EXPIRES �' � • .