HomeMy WebLinkAboutResolution 2019 � � � C�t� o� ORONO � . .
• Q� RESOLUTION OF THE CITY COUNCIL
� NO. 2019
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A R$SOLIITION GRANTING
A VARIANCE TO
..� MQNICIPAL ZONING CODE
SECTION 10.2:2, SIIBDIVISION 1
FILE #1034
WHER$AS, R. Scott Prochnow (hereinafter "the applicant") is
the owner of the property located at 3440 North Shore Drive within the
City of Orono (hereinafter "City") and legal ly described as follows:
Lot 16 , "Lydiard's Park" Lake Minnetonka Hennepin County,
Minnesota except that part thereof lying Northwesterly of the
following-described line : Beginning at a point on the
Southwesterly line of said lot distant 188.5 feet Northwesterly, '
measured along said Southwesterly line, from its intersection
with the dashed surveyor's construction line shown on the record
• plat extending across the Southeasterly part of said lot; thence
Northeasterly to a point on the Northeasterly line of said lot
distant 179.5 feet Northwesterly, measured along said
Northeasterly . line, from its intersection with said dashed
surveyor's construction line, and there ending, (hereinafter "the
property"); and
WH$R$AS, 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 screen porch which wi11 encroach 12' in
to the average lakeshore setback zone where no encroachment is
normally allowed.
NOW, TH$R$FOR$, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS �
1. This application was reviewed as Zoning File �1034.
2. The property is located in the LR-1C Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
June 16, 1986, and recommended approval of the proposed variance
based upon the following findings:
• A) No substantial existing lake views will be encroached
upon. �'
. B) Existing house and proposed porch will be setback
approximately 168' from the actual lakeshore.
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-Cit� o� ORONO �
• RESOLUTION OF THE CITY COUNCI L
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� NO. 2019
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C) The addition does not require a hardcover variance.
4. Applicant plans to construct a deck to the west of the
proposed porch at some future �time, and such porch could add as
much as 84 s.f. of hardcover to the property in the 75-250'
setback zone and still meet the 25� hardcover limit. �
5. The City Council has considered this application including
the findings and recommendations of the Plarining 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.
6. 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 al leviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the
applicant; and would be �n keeping with the spirit and intent of
the Zoning Code and Comprehensive Plan of the City.
COIdCLIISIONS, ORDffi2 AND CO1�IDITIONfS
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.22,
Subdivision 1 to permit the construction of a screen porch encroaching
12' into the average lakeshore setback zone, subject to the following
conditions: .
1. The maximum allowable hardcover on this property in the 75-
250' setback zone is 3,886 s.f. or 25$. Existing 75-250' hard-
cover is 3,802 s.f. or 24.46�. The proposed 12' x 18! deck
to be located adjacent to the screen porch shall be constructed
so as to be considered a non-encroachment, and existing hardcover
shall be concurrently removed so that the total 75-250' hardcover
on the property does not exceed 25$, to be verified by staff
prior to issuance of building permits.
• 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 clate of Council approval, or this variance will expire on
that date (July 14, 1987).
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� � � � � Cit� o� ORONO . � �
• � RESOLUTION OF THE CITY COUNCI L •
� NO. 2019
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3.. 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.
4. 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 14th day of July,
1986.
ATT ST:
• , � C
rothy . Hallin, City Clerk Mary . But er, Mayor
roperty Owner(s)
•
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� � � � � . � C�t� o�� ORONO . � ��
• ' RESOLUTION OF THE CITY COUNCIL��
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� . NO. 2019. . ._
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 2�'� day of �u.��( , 1986
before me a Notary Publi within and for said county, personally
appeared i2. Sec�t'a- ���!-INDW 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.
(�AICHA�L P. GAFFRON � �
• M� UNTY
�"�' , �HE{�INEPIM GO NOTARY PUBLIC
� ission ExPires June 11,1987
My Comm
....�'� .
.�c,uv�l l � �`l g`7
MY COMMISS ON EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 1986, 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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