HomeMy WebLinkAboutResolution 1623 , ;,.+ .
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Cit� o� ORO1�0
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RESOLUTION OF THE CITY COUNCIL ,
NOO. 1 ti23
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. � - � � . A RESOLIITION GRANTING A VARIANCE TO
MUNICIPAL ZONING CODE SECTION 10.41,
SIIBDIVISION 9(B) (5) AND SUBDIVISION 10(D) - FILE �823
WHEREAS, Larry Hork (hereinafter "the applicant" ) is owner
of the property located 3222 North Shore Drive, which property is the
place of business of North Shore Drive Marina, within the City of Orono
(hereinafter "City" ) and� legally described ,as follows :
The West 68 and 5/100 ft of the E 183 and 1/10 ft of that part of
� Government Lot 1 North of Road; (P.I .N. #08-117-23 41 0004 )
and
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�� The West 140 and 2/10 ft of the E 323 and 3/10 ft of that part of
Government Lot 1 North of� Road; (P. I.N. #08-117-23 41 0005 )
and
• The West 80 ft of the E 403 and 3/10 ft of that part of
• Government Lot 1 North of Road (P. I.N. #08-117-23 41 0006 ) ;
All in Section 8 Township 117 North Range 23 West
(hereinafter "property" ) ; and
WHEREAS, the applicant has applied to the City for variance
to municipal zoning code section 10. 41, Subdivisions 9 (B) (5 ) and 10 (D)
to permit the construction of a marina primary service building 15 feet
from the side lot line instead of the required 50 feet, with an increase
of 4080 square feet of hardcover in the 75-250 foot lakeshore setback �
area for a total of existing and proposed hardcover of approximately 65
percent where onl:y 25 percent is allowed.
NOW, THEREFORE BE IT RESOI,VED by the City Council of Orono,
Minnesota:
FINDINGS
l. The application was reviewed as zoning file #823.
2 . The property is located in the� LR-1C-1 Sirigle Family
Lakeshore Residential Zoning subdistrict, but is undergoing
a contract rezoning to B-2 Lakeshore Business District, and
has been reviewed per the performance standards of the B-2
district. -
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Ci.t� o� ORONO
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RESOLUTION OF THE CITY COUNCIL
NO. 1623
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, 3 . The Orono Planning Commission reviewed this application �
on April 16 , 1984, and recommended denial of the proposed
variances based upon the following findings :
a) The proposed structure and apron will increase the net
hardcover in the 75-250 ' setback area by 4080 square feet to
approximately 65 percent.
_ b) No concurrent reduction of hardcover is proposed by
the applicant.
4. The proposed structure would not have an adverse effect
on Lake Minnetonka if an area of existing hardcover equal to
the area of the proposed structure, in the 0-75 ' setback �
area, is concurrently removed.
5. The following hardships in locating the proposed
structure to meeting the required 50 ' side yard setback have
• been demonstrated by the applicantc
a) Location of existing mature tr�es.
b) Location of existing permanently installed dry-stack boat
• storage racks which cannot be feasibly relocated due to grade
and access requirements.
c) Topography (slope near North Shore Drive right of way) . .
d) Location of existing Metropolitan Waste Control
Commission (MWCC) sewer lines across center of property.
e) Location of existing parking configuration.
6 . The C�ity 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.
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F:?_:- . . • RESOLUTION OFTHECITYCOUNCIL � . ` �=:i�::*,Y�,:
'_ ' � NO. 1623 ; . . � , ;
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� 7 . 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 . .
i convenience to the applicant, but is necessary to alleviate a
� = demonstrable hard'ship or difficulty; if 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.
CONCLDSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants variances to the Zoning Ordinances Section 10. 41, subdivisions
� 9 (B) (5 ) and 10 (D) to permit the construction of a marina primary
� service building 15 feet from the side lot line instead of the required
50 feet, with an increase of 4080 square feet of hardcover in the 75-
250 ' lakeshore setback area, increasing the total hardcover in the 75-
250 ' lakeshore setback area to approximately 65 percent, where only 25
percent is allowed, subject to the following conditions :
1. Applicant shall glant natural screening, at least 80
percent opaque, along the property line west of the proposed
building. Plantings must be completed 6 months after service
building is completed.
2. No other variances are granted or permitted� with this
application except the ones specified above.
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 11 , 1985 ) .
4 . 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.
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� C�t� o� ORONO
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RESOLUTION OF THE CITY COUNCIL
NO. 1623
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� 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 City Council on this 1� �j;:�h�1 day of .Ju��', 1984.
Variance to be effective upon publ 'ication of the rezoning
ordinance in the Laker on June 25 and on June 27, 1984 , in
the Lake Minnetonka Sun.
- �ATTEST:
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• Alberta M. Strom, City Clerk Mary C. u er, Mayor
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. (1 ) P per ner
(2 ) Property Owner
(3 ) Property Owner .
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l � Ci.t� o� ORONO .
RESOLUTION OF THE CITY COUNCIL
NO. 1623 �
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STATE OF MINNESOTA )
) ss .
COUNTY OF I-IENNEPI?�I )
On this /� day of ,f�j,[IE 1984 , before me a Notar
,— -r— .—T_.__ �— � Y
Publ ' c withi and for said County, personally appeared
�A��.�_ _�� T� __ known to me to
be the person (s) described in nd who executed the foregoing �
instrument , and acknowledged that he (they) executed the same as his
(their) free act anr� deed , i
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' �~� DOROTHY M. HALLIN �
� Nor�r aueuGtiaHNESarA �A R Y P U� C ' _— ' —•-------
�. +�,� �HEN��C�OU�N�p .
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� MY OMMISSION E�RES .
STATE OF MTNNCSOTA ),
) 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 (sj described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as his
(their) free act and deed . '
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NOTARY PUBLIC � �
MY COMMISSION EXPIRES� -
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