HomeMy WebLinkAboutResolution 1718-B .
g., ,••-: '
` j .
f � . .
` � �' �
� . . ����; Ci.t� of ORONO
� `.��i,y . .
� � �"'�` RESOLUTION OF�THE CITY COUNCIL
�.''�"';'' � Np, 1718-B
�-
• ' • ,,�;'
GRANTING A VARIANCE TO MUNICIPAI� ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B)
FILE �874
WHEREAS , Mrs. Donald Johnstone and Duane Barth
(hereafter "the applicants" ) have an interest in the property
located at 1810 Shadywood Road within the City of Orono
(hereinafter "City" } and legally described as follows :
Lot 22, Shadywood (hereafter "property" ) , and
WHEREAS, the applicants have applied to the City for a
variance to Municipal Zoning Code Section 10.25, Subdivision 6
(B) to allow a side setback of 3.1 feet for an existing house
• where a 10 foot side setback is required.
� NOW THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota: .
FINDINGS
1. This application was reviewed as part of zoning file no.
874 .
2. The property is located in the LR-1C Single Family
Lakeshore Residential Zoning District.
3. The property is 17 , 200 square feet in area, . has a lot �
width of 60 feet, and contains an existing house. �
4. The existing house is located 3.1 feet from the north
side property line and 57 feet from the shoreline of Lake
Minnetonka. .
5 . This house and the proposed house expansion and �
. improvements to the property can meet the hardcover
requirements in the Z5-250 foot lakeshore setback zone.
6. Because of the required 75 foot setback, the building
proposed for the adjacent Lot 21 will maintain at least a 20
• foot separation distance between the existing house on Lot
22 and the proposed house on Lot 21.
page 1 of 3
,� �,>., �
� e ' � . -
� ���� Clt of ORONO
. d -. .�.�,��� 3'
• ,��..:
:;. �� t��:.
~ ..:�.� RESOWTION OF THE CITY COUNCIL
�� ��. .
: NO: 1718-B
�:•:. •.r� .
• � • • �
7 . The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by City staff, comments by the aplicant
and the effect of the proposed variance on the health,
safety and welfare of the community.
8. 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 Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council
hereby grants a variance to Municipal Code Section 10.25,
Subdivision 6 (B) to allow a side setback of 3.1 feet for the
existing house at 1810 Shadywood Road where a 10 foot setback is
required, subject to the following findings :
1. Maximum hardcover allowed on the property shall be 2,775
square feet. � -
2. All future improvements to the property shall meetthe
current performance standards of the LR-1C Zoning District.
In addition, any extension westerly of the north wall of� the
existing house must meet the 10 foot side yard setback
requirement. ` � "
3. Applicant shall obtain a Hennepin County driveway access '
permit prior to construction of a new driveway to serve this
property.
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 (January 14, 1986).
page 2 o.f 3
1
y `�-
. . .
I
f '
� , ^ .
. ���7r�� City of ORONO
. � ;.k�:�{�� � . . .
• .. F.�;'S'�?�:�
r�,. -�� RESOWTION OF THE CITY COUNCIL
�rn��� � NO. �
,��; 1718-B
� �:�
• � • •�`
5. Violation of or non-compliance with any of the terms
� . � and conditions of this variance shall constitute a violation
of the zoning code, sl�all 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 14th day of
January, 1985.
ATTES � : � � � �
� ��. \`� �
. ,� .
/D othy M. llin, City Clerk Mary C. ler, Mayor .
, P.� .� �� . .' � es��
/�!� zv�-� � � ,,�
(1 ) Prope ty Owner ' '
•
•page 3 of 3
0
' r . s.
;
t
:
� STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) ,
On this 2��` day of ���f3��L , 1985
before me a Notary Publ ' c w thin and for said county, personally
appeared �o�v�� � . ����1 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. '
FAt��9PO�9'd•OOA�OOd�O�I.► . . ••
� ,� MICHAEL P. GAFFROP�1 ` � �
��,s t�•��i< NOTARY PUBLIC-MINNESOTA , NOTARY PUBLIC
. jZ:���—V^y
`�p�e� �p�,�' HENNEPIN COUNTY .
�`^�f,�..�' My Commission Expires June 11,1387
. �.u,�� �7 /9S'7 .
MY COMMIS ION EXPIRES
STATE OF MINNESOTA )
• )ss.
COUNTY OF HENNEPIN )
On this day of , 1985, 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 foregoinginstrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed. �
NOTARY PUBLIC
MY COMMISSION EXPIRES .
__ _ `._— __�
�