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Home My WebLink About#2007 - variance - 1986 � • . . � � ��, .� r�. �,.�s � �� ., �� ,: c�t� o� oR,oNo � Rs � i . � r�,.,°;�,3�,� RESOLUTION OF THE CITY COUNCIL � � r NO. 2007 E: ` �y�" `�x�'' �; . . ` � .��,�' "�(�n° i / ,.:r�.,,:�: _ U �' t' L Y C c�,��- (D-2 S -Q Z � i rt,��-f d"l'1 �� _ , � e � F, ., ,._;, � A RESOLOTION GRANTING ,� r,,r �� A VARIANCE TO _. `�'� � . �" i� , _ MIINICIPAL ZONING CODE SECTION 10.22, SIIBDIVISION 2 AND SECTION 10.25, SIIBDIVISION 6 (B) FILE #1028 WHEREAS, Len Bachkes (hereinafter "the applicant" ) is the owner of the property located at 2813 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 121, Spring Park, Hennepin County, Minnesota, and all the unplatted land and that part of Lake Shore Avenue vacated lying . between the side lines of said lot projected to Lake Minnetonka according to the plat thereof on file or of record in the office of the Registrar of Deeds in and for said County, (hereinafter "the property"); 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 an addition which will increase hardcover from 26.0� to 29.7$ in the 75-250' setback zone where only 25$ hard- cover is normally allowed-; and a variance to Section 10.25 , Subdivision 6 (B) in order to construct the additions within 9.5 feet of the side lot line where a 10 foot setback is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1028 . 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 19, 1986, and recommended approval of the proposed variance based upon the following findings: A) The side setback variance of 0.5' is necessary only for a small portion of the addition because the house side line of the existing house is not parallel with the lot line. B) No items of existing hardcover are readily feasible for removal as a hardcover tradeoff. Page 1 of 4 {� � �: � �� F�-� c�t� o� oR,oNo �? � �� '�� RESOLUTION OF THE CITY COUNCIL c ��j � NO. 2007 .z� � p-P,; v�j`" `� $ �t��, "r� ��,?��``, ,._..�.�"`r=»`,� 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 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. CONCLIISIONS, 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 and Section 10.25, Subdivision 6 (B) to permit the construction of an addition which will increase hardcover in the 75- 250' setback zone from 26.0� to 29.7� where only 25$ hardcover is normally allowed and which will be constructed 9.5 feet from the side lot line where a 10 foot setback is normally required, subject to the foilowing conditions: l. The hardcover on this property in the 75-250' setback zone shall not exceed 2,696 s.f. or 29.7$, and the applicant is placed on notice that any future improvements to the property which constitute additional hardcover will not be approved, and might be approved only with concurrent removals of existing hardcover. 2. Applicant is advised that the boathouse structure at the lakeshore is a non-conforming structure and is subject to the pertinent ordinances. Applicant is further advised that the existing hardcover in the 0-75' setback zone is about 300 square feet or 6�, and no additional structures or hardcover are allowed in the 0-75' setback zone without approval of the City Council. 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 9, 1987). Page 2 of 4 � '� a � � � ` � � Cit� o� ORONO a �. � ;` �.�;. �� ;. ��„ c < "': s' � � �� ' ' RESOLUTION OF THE CITY COUNCIL � ` �� 4 NO. 2007 • ��1,` aF. 1�„�,�A^ (;�:.�� .,�.,�1 ��_ya'� �r- ! ] � !� 1 1 =�N WS.:' �..T..,�'i. ..... ..r. ..:. .... , _.:..� 4�r1�'t�,ty` - 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. 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 Orono City Council on this 9th day of June, 198 . ATT `ST: , l/ / - � ��C�d�C. �/z-- ' othy M. allin, ity Clerk Mary C. tler, Mayor 1 Tim a l , Acting Ma _. � � i 9 � �P`�l.� �✓�/1 , / . Lf. .C�-�� Pro ert Owners t � , Page 3 of 4 � . 3 .��.��#�� • _ .� �� .�� Clt� O� OR,ON� _��f ,� _ � � k �'�`�-�= 4 RESOLUTION OF THE CITY COUNCIL � �� # qM �3�w NO. 2007 °';�,�� y��A�� . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �� day of JU.-N�" , 1986 before me a Notary Pul�lic within and for said county, personally appeared �,�-2� ��1 ,t�.�-S 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. r��`J /��J � � �P.GPNNE�pSA ��o-c-K��"� M�GNAQVe��'�uN��9g1 NOTARY PUBLIC v °"`w�"' NNoNt�EP�p��eg��e,,. ,�� ,, " g;o :,,�,r �tt-`��,.MY�' m ^� li.s , ...��:: � . �.: �1�.1'� /�t / zy� � MY COMMISSIbN EXPIRES STATE OF MINNESOTA ) � )ss. COUNTY OF HENNEPIN ) , � On this /7 day of JL2N� , 1986, before me a Notary Publ ' c within and for said County, personally appeared j��u�e-� ��'', �,Q-e.�f -� k n o w n t o m e t o b e t h e person(s) described in and who executed the foreqoinginstrument, and acknowledged that he (they) executed the same as his {their) free act and deed. ;�Lc��-�" p. GAFr��:�.S NOTARY PUBLIC 1/,,,,—'°`r. M�CpRy`pUBLIC'M1NNcc.- ' ' �'` , N ra� t ;;t`�� HENNEP►N COU , ..-. t l My Commission ExP�'�� , j/ _ ��d,,,,__..:.:� �1 LWES � / / `��'� MY COMMISSION EXPIRES Page 4 of 4 . . STATE OF MINNESOTA ) � ) COUNTY OF HENHEPIN ) ) CITY OF ORONO ) I Dorothy M. Hallin � City Clerk of the City of Orono � Hennepin County� Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said� City Council at a meeting of said City Council held on June 9 , 19 86 , and that the same is a true and correct copy of said resolution was duly adopted by said City Couneil at said meeting. In Witness Whereof � I have hereunto set my hand and seal this 18th , day of J e � 19 86 ( D othy M. H lin� ity Clerk (SEAL) -, ' '