HomeMy WebLinkAboutResolution 1688 Y. . ���^ , . � � •
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C�ty o� ORONO
�� RESOLUTION OF THE CITY COUNCIL ..
� NO. 1688 .
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A RESOLUTION GRANTING A VARIANCE TO
MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 - FILE #857
WHEREAS, Jerry Nelson (hereinafter "the applicant" ) is owner
of the property located at 2565 Dunwoody Avenue within the City of Orono
(hereinafter "City" ) and leqally described as follows : ,
Lot 11, Block 8 , Townsite of Langdon Park, and that part of Lot
12, Block 8 , Townsite of Langdon Park lying northwesterly of a
line described as beginning at a point in the northeasterly
line of Lot 12 distant 39 .5 feet southeast from the most
northerly. corner of said Lot 12; thence southwesterly
parallel with the northwesterly line of Lot 12 a distance of
188 feet; thence deflect right 8 degrees 35 minutes a distance
of 147 feet more or less to the shore line and said line thereby
terminating; and
• WHEREAS, the applicant has applied to the City for a variance
to Municipal Zoning Code Section 10 .22, Subdivision 2 to permit the •
construction of a deck which will increase the hardcover in the 75-250 '
setback zone from 6,898 square feet (or 24$ ) to 8 , 044 square feet (or
29� ) where only 7, 018 square feet (or 25�) is allowed.
� NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota: �
' FINDINGS
1. This application was reviewed as zoning file #857 .
2. The property is located in the LR-1C Single Family
Lakeshore Residential Zoning District.
3'. The Orono Planning Commission reviewed this application
on September 17 , 1984, and recommended approval of the
. proposed variance based upon the following findings:
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a) Al1 setbacks of the zoning district will be met.
b) Overall hardcover on the property including the
proposed addition is 8 ,884 sf where 10,740 sf would be
allowed.at maximum development.
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C�t� o� ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 1688 • .
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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 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 applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is 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 Co�nprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
• Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10. 22 , .
Subdivision 2 to permit the construction of a deck which will increase
hardcover in the 75-250 ' setback zone f rom 6 ,8 98 square f eet (or 24� ) to
8, 044 square feet or (29� ) where only 7 , 018 square feet (25� ) is
allowed, subject to the following conditions :
l. The hardcover allowed by this variance is in excess of
the 25 percent allowed in the 75-250 ' foot setback zone. The
applicant is hereby advised that the City will not approve
' any � future improvements that result in additional
hardcover, and that if such improvements are proposed, that
they be counterbalanced with the removal of existing
hardcover.
2. 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 (October 15, 1985 ) .
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� Cit� o� ORONO
� RESOLUTION OF THE CITY COUNCIL .
� NO. 1688
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3. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
thezoning code, shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
4 . 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 15th day of October, 1984.
AT'I�EST:
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1 r- , -. • �
rothy . Hallin, City Clerk M ry C. ler, Mayor
( P op ty. wner
�>G���/l�� �(� iG�'��-UO�.
(2 ) Property Owner
(3 ) Property Owner .
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� . . Ci.t� o� ORONO
RESOWTION OF THE CITY COUNCIL
� NO. 1688 ..
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STATE OF MINNESOTA )
) ss. . �
COUNTY OF HENNEPIN )
On this ��_� day o� ��-���� 1984 , before me a Notary
Public within � and for sa d County, personally appeared
-��'�`� �--.�_L��/V known to me to
kie 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 . �
� � � .
. . ICHAE'L P.GAFFR�� �//�i�� ---
:;"':"`w' NOTARYPUBLIC-M�NNNTY NOTARY PUBLIC
;�.� �� � . .
�",�,,�— � HENN aP�P�CO une 11.�sa�
,,•''�!i.�` MY Com x.cr�:."rr_^"""�`" . .
�' � , u�,�11, /9s�
<.';..,,r,
MY COMMISSION EXPIRES ' .
STATE OF MINNESOTA ) _
� . ) ss . � .
' _ COUNTY OF HENNEPIN )
On "this �� day of ���,��,� , 1984 , before me a Notary
Public within and for said County, personally appeared
SNr�Fyea�N � , /v EL-�O�c k n o w n t o m e t o �
� . 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. • � .
GAFFRON � '
� .;�;;;:,�1 i�IIICHAEL P• M�NNES07A' • OTARY PUBLIC :
`��=� � • N�-IENNEP►N COUNTY _
• ':�� My Commissfon ExPires June 11,1987
. . _ � �� 1/� /9S7 . .
' � � MY COMMISSION EXPIRES . . '
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