HomeMy WebLinkAboutResolution 1840 „� -
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� d Clt� o� OR�NO
a� RESOLUTION OF THE CITY COUNCIL .
� NO. 1840
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A RESOLIITION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SIIBDIVISION 1 (B)
FILE #949
WHEREAS, Gerald Anderson (hereinafter "the applicant”)
is the owner of the property located at 4495 North Shore Drive
within the City of Orono (hereinafter "City") and Iegally des-'
cribed as fol.lows: .
Lot 7 "Bergquist's Addition to Saga Hill, Hennepin County,
Minnesota" (hereinafter "property"); and
WHEREAS, the applicant has applied to the City for a �
variance to Municipal Zoning Code Section 10.22, Subdivision 1 to •
permit the construction of a room addition and deck which
encroach into the average lakeshore setback area.
• NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
l. • This application was reviewed as Zoning File #949.
2. The property is located in the LR-1B Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on August 19, 1985, and recommended approval of the proposed
variance based upon the foll�owing findings:
A) The house addition will encroach 9 ' into the
average house setback area; the deck will encroach 19'
into the average deck setback area.
B) Applicant has shown his proposal to the neighboring
property owners who have voiced no objection to the
, proposal.
C) The proposal does not require any other variances
and meets the hardcover requirements of the City.
4. The CityCouncil 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.
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� C�t� o� ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 1840 .
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5. The City Counci 1 f inds 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 property right of the appl.icant; and
would be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
CONCLIISIONS, ORDffit AND CONDITIONS
Based upon the above f indings, the Orono City Counci I
hereby grants a variance to Municipal Zoning Code Section 10.22,
Subdivision 1 to permit the construction of a room addition which
• encroaches 9' into the average house setback area and a deck
which encroaches 19' into the average deck setback area subject
to the foll.owing conditions:
1. The total improvement of this property is limited to
3,150 square feet of hardcover in the 75-250' setback zone
and 1,650 square feet of hardcover in the 250-500' zone.
Existing hardcover as a resul.t of the current proposal will
be very close to these limits, and applicant is advised that
future additions of hardcover are subject to City review and
will not be approved unless they are counter balanced with
the concurrent removal of existing hardcover.
2. The applicant is placed' on notice that future enclosure
. of the deck, including walls, screen walls, or roof will.
require a further variance application.
3. Authorities granted by this variance run with the
property not with the applicant, but are permissive only and
must be exercised by appl.ication for a building permit
within one year of the date of Council approval , or this
variance will expire on that date (August 26, 1986 ) .
4. Violation of or non-compliance with any of the terms and
conditions of this variance shal I constitute a violation of
the zoning code, shall automatical.ly terminate any authority
� granted herein, and shall be punishable as a misdemeanor.
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d Ci.ty o� ORONO
� RESOLUTION OF THE CITY COUNCIL .
� ' NO. 1840
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. 5. The undersigned applicant has read, understood and here-
by 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 Counci3. on this 26th day of
Augu �t, 1985. ' � ,
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ATTE T: -
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D othy M. a11in, City Clerk Mar C. Bu er, Mayor
�
• 1) Property Owner
i .
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� Ci.ty o� ORONO .
S ST TE�IN ESOTA ) RESOLUTION OF THE CITY COUNCIL
) ss. .
CO NTY� HE NEPIN ) NO. 1840 ,
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On t is � day of �, 1985
before me a Notary Public within and for said county, personally
a earedd���,� (��;��,�,s�+ �-,���frm�.�-�. known to me to be
PP
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.
a�'�i� � �
�� JOHN R. OERHARDSON NO ARY PUB IC
NOTARY PUBUC-MINNE80TA
HENNEPIN COUNTY - '
'Mj►cortunlsalon e�kq 1p,Zp.O� :
. _ _ _ . . Z�, r �,�
�
_. _ o - .
MY �COMMISSION EXPIRES
� STATE OF MINNESOTA ) �
)ss.
COUNTY OF HENI�EPIN )
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 foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
.
� NOTARY PUBLIC
MY COMMISSION EXPIRES
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