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HomeMy WebLinkAboutResolution 2021 � aa, �. �, `\ Cit� o� ORONO • Q� RESOLUTION OF THE CITY COUNCIL � NO. 2021 • � • • A R$SOLDTION GRANTING A VARIANCE TO . MONICIPAL ZONING CODE SECTION 10.22, SDBDIVISION 2 FII,$ #1038 WH$R$AS, Gordon Nelson (hereinafter "the applicant") is the owner of the property located at 1310 Elmwood Lane within the City of Orono (hereinafter "City") and legally described as follows: Lot 3, Block 6, Saga Hill Revised, and the adjacent � of vacated Oak Place (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 a garage which wil 1 increase the hardcover in the 75-250' lakeshore setback zone from 32.9� to 34.5� where only 25� hardcover is normally allowed. . NOW, TH$R$FOR$, B$ IT R�SOLVED by the City Council of Orono, • Minnesota: FINDINGS � 1. This application was reviewed as Zoning File #1038. 2. The property is located in the LR-1B 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) This year-round residence does not currently have a garage. B) Regrading of yard area may have some beneficial effect in reducing the rafe of runoff from the property. • C) The garage will replace three small unsightly sheds currently existing on the property. D) The existing slopes on the property are a hardship in that a suitable garage is not feasible unless the grades �are changed. 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 hea�lth, safety and welfare of the community. � Page 1 of 4 Clt o� ORONO � � • . RESOLUTION OF THE CITY COUNCI L � NO. 2021 - . � . . � - � � .�.. • e City Council finds that the conditions ex`i�sting 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 COIaDITIONS Based upon ;the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a detached garage which wil 1 increase hardcover in the 75-250' lakeshore setback zone from the existing 32.9� or 2,977 s.f. to 3,124 s.f. or 34.5�, subject to the fol lowing conditions: 1. Adequate erosion protection shall be provided during the • grading and construction process. 2. The three existing sheds in the rear yard shall be removed. The shed at the lakeshore may remain but is considered a non- conforming structure and is subject to the pertinent ordinances governing such structures. 3. The proposed 35'x25' garage shall be located as shown on the proposed plan on file at the City office. 4. A grading permit and bui lding permit must be obtained prior to construction. � 5. The maximum hardcover on the property shall be as follows: 0-75 ' setback zone - 196 s.f. or 5.8� . 75-250 ' setback zone - 3,124 s.f. or 34.5$ The applicant is advised that no additional hardcover above these limits will be approved, and any future proposals for additional hardcover might be approved only with concurrent removals of existing hardcover. 6. Authorities granted by this variance run with the property not with the a�pplicant, 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 14, 1987). Page 2 of 4 , . � . " � � c�t� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL� � � NO. 20 21 • - • • 7. . Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, sha11 automatical ly terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. 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 T: ; • . �/ p� ,rothy M Hal i , City Clerk Mary C. ler, Mayor _. �.�-� � � Property Owner(s) , , • ' Page 3 of 4 . •, . � C�t� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2021 � • - • � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �f� day of � , 1986 before me a Notary Public within and for said county, personally appeared (,�op�,N /l1. Pl��a� k,.�� �y��,� d./U�,c'oev 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. � � • l9PJr^4'OO� w ��.�.,,, MICHAEL P. GAFFRON NOTARY PUBLIC ' �� tt � NOTARY PUBLIC-MINNESOTA �9f��,' HENNEPIN COUNTY �a�,,,.,,.% My Commission Expfres June 11,1987 �,9scoo.s�t�wew.^aes �.Ju�� lJ. /�8`� ' MY COMMISSIC�N 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 . ' Page.:•4�•,of 4 •. " � ' Clt� o� ORONO � RESOLUTION OF THE CITY COUNCIL . Q� � NO. 2022 � � � A RESOLIITION GRANTING A CONDITIONAL DSE PERMIT � PBR MIJNICYPAL ZONING CODE � S$CTION 10.03, SUBDIVISION 19 � FIL� #1040 WH$R$AS, William Ulrich (hereinafter "the applicant") � is the owner of the properties located at 1535 & 1595 Bohn's Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 1 and 2, Lydiard's Park, Lake Minnetonka (hereinafter ' "properties"); and , WHSREAS, the applicant has appliecl to the City of Orono for a Conditional Use Permit to permit the extension of a sea wall along the lagoon shoreline of the properties per Municipal Zoning Code Section 10.03, �ubdivision 19. . NOW, THER$FORE, B$ IT R�SOLV$D by the City Counci 1 of Orono, Minnesota: • • FINDINGS l. This application was reviewed as Zoning File �1040. 2. The property is located in. the LR-1B Lakeshore T Residential Zoning Distr�ct. 3. On June 16, 1986, the Orono Planning Commission reviewed the application as proposed and recommended approval of the application based on the following findings: . A) Trapping and rip rock are not effective in combating muskrat problems. � B) A sea wal 1 is most acceptable method in controlling . erosion of low elevated shoreline bank areas consisting of soft peaty muck soils. C) Aesthetically desirable to tie in the whole lagoon area. D) The extension of the sea wall will present further ' erosion of the unprotected bank and low elevated lawn areas adjacent to lagoon from the muskrat infestation. • 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. � Page i of 3