HomeMy WebLinkAboutResolution 1812 , � ' .
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• `' r � RESOLUTION OF THE CITY COUNCIL
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M��S`� '' i NO. 1812
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A RESOLUTION GRANTING
' A VARIANCE TO
MIINICIPAL ZONING CODE
SECTION 10.24, SUBDIVISION 5 (B)
� AND SECTION 10.22, SIIBDIVISION 1
FILE �940
� WHEREAS, Ann C. F'isher (hereinafter "the applicant") is
the owner of the property located at 774 Tonkawa Road within the
City of Orono (hereinafter "City" ) and legally described as
' follows :
All that part of Lot 14, PARTEN'S POINT FIRST DIVISION,
according to the recorded plat thereof; lying Southeasterly
of a line drawn from a point on the Southwesterly line of
� said Lot 14, distant 51.34 feet Northwe�sterly of the South-
westerly corner of said Lot 14 to the shore of Lake
� Minnetonka, said lin�e being parallel to the ' Northwesterly
and Southwesterly' -Iines of said Lot 14 (hereinafter
"property"); and
WHEREAS, the applicant�has applied to the City for a
variance to Municipal Zoning Code Sections 10.24, Subdivision 5
(B) and 10.22, Subdivision 1 to permit the construction of a deck
and screen porch located 7.5 feet from the side property line
where a 10' setback is normally required and encroaching 15 feet
into the average lakeshore setback area where no encroachment is
norma 11 y a 11 owed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #940.
2. The property is located in the LR-1B Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on July 15, 1985, and recommended approval of the proposed
variances based upon the following findings:
• A) The hardships to the property are locations of the
neighboring residences, and the angle of the lakeshore
� in relation to the lot.
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RESOLUTION OF THE CITY COUNCIL
��":,� ` NO. 1812 �
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B) The neighbors lak�shore views will not be affected
due to topography and existing natural screening.
C) The increase in hardcover is within the limits
prescribed in the zoning code.
D) The proposed addition will retain a 95' setback
from the lake.
E) The side setback encroachment of the new addition �
is .less severe than the encroachment of the existing
house, and continues the line of the existing house.
4. The City 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.
• � 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 pre-
serve a substantial praperty right of the applicant; and �
would be� in keeping with the spirit and intent of the Zoning
� Code and Comprehensive Plan of the City. :•
CONCLIISIONS, ORDER AND CONDITIONS � '
Based upon the above findings, the Orono City Counci 1
hereby grants a variance to the Municipal Zoning Code Sections
10.2'4, Subdivision 5 (B) and 10.22, Subdivision 1 to permit the
construction of a deck and screen porch located� 7.5 -feet from the �
side property line where a 10' setback -is normally required, and
encroaching 15 feet into the average lakeshore- setback area where
no encroachment is normally allowed, subject to the following . ;
conditions :
1. Applicant is placed on notice that the current proposal
increases the hardcover in the 75-250' setback zone to 2100
� , square feet or 23$ where the maximum allowable hardcover is
25� or 2250 square feet, and that any future proposals which
� would result in hardcover exceeding the allowable limits
would be subject to a variance procedure and may not be -�
� approved.
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� � • RESOLUTION OF�THE CITY COUNCIL
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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 (July 22, 1986 ) .
3. Vio Tation 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 shal 1 be punishable as a misdemean�cr:--
4. The undersigned applicant has read, understood and here-
by agrees to the terms of this resolution and on behalf of
• himself, his hei,rs, successors and assigns, hereby agrees to
the recording of this resolution in the chain of title of
the property. �
Adopted by the Orono City Council on this 22i�d day of
July, 1985.
ATT T: �
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D rothy M Hallin, ity Clerk Mary C. Bu r, l�ayor �
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(1) Property Owner '
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) �
On this 2,�� day of �uLy , 1985
before me a No ary Public within and for said county, personally
appeared �/UN C , �Sb�t-=P� known to me to be
the person(s ) described in and who executed the foregoing
instrument, and acknowledged that Yre (they) executed the same as
his (their) free act and deed.
� GAFFR�N
' ' MICHAE Bp�.MINNES�?A -
i:a'w'r. NpTARY PU CQ �Y
.��=' , . HENNEp�N}t8g UN�,.�987 NOTARY PUBLIC
`�.��1;� MYCommissfonE P �c�='e°
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�l UNL� /�, /'�g�
MY COMMiSSION EXPIRES
STATE OF MINNESOTA )
)ss. �
COUNTF 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 for�egoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
� NOTARY PUBLIC
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MY COMMISSION EXPIRES
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