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Home My WebLink AboutResolution 1750 - � . � , � ., . . � - . � i?f Clt� of ORONO . d �:��= . • .�:. �;:� Y ��` RESOWTION OF THE CITY COUNCIL ;}�,, Q��'�;:,� ' NO. 17 5 0 ,;..�.p. �//��j�� t • GRANTING A VARIANCE TO MUNICIPAL ZONING CODE �AV; -.:_r.4_�-� � _ � ` � .°. SECTIONS 10.55, SUBDIVISION 8 AND 10.31, SUBDIVISION 9 - FILE �900 WHEREAS, James W. Ogland (hereinafter "the applicant") � is owner of property located on Bi:g Island and designated as Big Island Record Lot No. 38 , within the City of Orono (hereinafter "City") and legally described as follows: Lots 25 and 26, Morse Island Park, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City for after-the-fact variances to Municipal Zoning Code Sections 10.55, Subdivision 8, and 10.31, Subdivision 9, to permit the construc- tion of a deck and accessory storage structure located within the 0-75' setback area, which structures comprise 480 square �eet (or , 6.5� ) hardcover where no permanent or tem�orary structures or hardcover are normally allowed. � NOW, THEREFORE, BE IT RESOLVED, by the City Counci 1 of Orono, Minnesota: FINDINGS � . l . This application was. reviewed as Zoning File #900 . 2. This property is located within 'the RS Seasonal Recreational Zoning District. 3. The Orono Planning Commission reviewed this application on N,arch 18, 1985, and recommended approval based on the following findings : a) The property has a substantial hardship in that the steep topography and uneven shore_line terrace make access to the property difficult and posssibly hazardous. ' b) The property is not served by a developed road and the lakeshore is the only access to the property. � Page 1 of 4 - • , � ' ` \ . � Cit� of ORONO d • . RESOLUTION OF THE CITY COUNCIL � � NO: 1750 � � � � • • 4. The Council finds no hardship demonstrated which would justify allowing the storage structure to remain within the lakeshore setback area once the principal . •structure is constructed. ' 5. The applicant has stated that the decking is under- lain by sandy material and boulder rip-rap, has no plastic sheeting or other impermeable material which would retard infiltration, and will remain in this � condition permanently. 6. The applicant has allowed the natural vegetative screening to remain on the site. 7. The City Council has considered this application . including the findings and recemmendations of the Planning Commission, reports by CiLy staff, comments by the applicant, 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 :�roperty are peculiar to it and do not apply general �y to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fi�re 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 dif- ficulty; is necessary to preserve a substantial property right of the applicant; and would be in keep- ing 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 an after-the-fact variance to Municipal Code Sections 10.55, Subdivision 8, and 10.31, Subdivision 9 to allow construction of a deck located within the 0-75' setback area, which structure comprises 424 square feet (or 5.8$) hardcover where no permanent or •temporary structures and no hardcover are normally allowed, subject to the following conditions: � l. The deck structure may never be underlain with • materials which would decrease the permeability of the land below the deck, nor shall it be enclosed, covered, or altered in any way so as to become hardcover. � Page 2 of 4 - �, � `� � Ci.t of ORONO . -:$�,� � . �' • �. . ;i` RESOLUTION OF THE CITY COUNCIL ;�"�• . 1750 , NO. ��..•.� • ""��.�;. • - • • '^'`��` 2. The 7' x 8' storage bui lding must be removed f rom the 0-75' lakeshore setback area prior to issuance of a certificate of occupancy for the principal structure on , • •the property, to be verified by statf at the time of final inspection. 3 . Applicant is placed on notice that no future hard- cover variances will be granted for this property, and no other variances are granted at this time. 4. 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 (April 8 , . . 1986 ) . 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 punisharle 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 of the City of Orono on this 22th day of April, 1985. ATT T: / _ • (� . �i Dorothy M. allin, City Clerk Mary C, u er, Mayor �� Property Owner Spouse • Pro w perty O ner Spouse Page 3 of 4 . .• ' . � ' Cit� of ORONO �,. � . ! �� _ �� : ��,. RESOLUTION OF THE CITY COUNCIL {x<-• . � NO. 1750 . . :�:,. • � . y ' : • • • ' . � STATE OF MINNESOTA ) ) ss. � COUNTY OF HENN�PIN ) • 0 n t h i s __�� _ ____ d a y o f �-��-�,Y __. 19 8 5 before me a i�TOtary Public within and for said county, personally appeared �,q,v�� , �c��,�A known to me to be the person (s ) described in and who executed the foregoing instrument, and acknowledoed that he (they) executed the same as. his (their) free act and deed. � MICHAEL P. GAFrRON � " � ��"''� NOTARY PUBLIC / ;�_� � NOTARY PUBUC-MINNESOTA �;��' HENNEPIN COUi�TY ��,,. My Commisston ExP�ros June 11,1987 � --��g ��, �� ' MY COt�IMISS ON EXPIRES STATE OF MII�NESOTA ) )ss- COUNTY OF HENNEPIN ) On this � day cf , 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 Page 4 of 4