HomeMy WebLinkAboutResolution 2033 �_ ,�'
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- C�t o� ORONO
. 3'
,� �� RESOLUTION OF THE CITY COUNCIL .
� NO. 2033 _ -
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A RESOLIITION GRANTING
, A VARIANCE TO
MUNICIPAL ZONING COD13
SECTIONS 10.03, SIIBDYVISION 9 (A) ,
10.03, SIIBDIVISION 15 (F) , � __,.
� 10.,22, SIIBDIVISION 1 & 2 AND
10.2�3, SDBDIVISION 6 (B)
FILE #1052
WH$R$AS, John T. Spence (hereinafter "the applicant") is the
. owner of the property located at 2040 North Shore Drive within the
City of Orono (hereinafter "City") and legal ly described as� follows:
Commencing at the Southwest corner of Lot 6, Elbridge S.
Barnes lst Subdivision of Section 10, Township 117, Range
� 23; thence Southeasterly 295.08 feet along the Southerly
line thereof; thence Southwesterly at right angles 207.06
feet to the actual point of beginning; thence at an angle to
th�e left of 9 degrees 09 minutes to the north line of County
Road No. 51; thence east along said north line and •the same
extended to the shore of Lake Minnetonka ; thence
�� No�theasterly along said shore line to its intersection with
a line par with and 207.06 feet southwesterly from the
Southwesterly Iine of said Lot 6; thence Northwesterly along
-- said par line to beginning except highway, PID 10-117-23 31
0002; (hereinafter "the property"); and
WHER$AS, the ,applicant has applied to the City for multiple
variances to Municipal Zoning Code Sections 10.03, Subdivision 9 (A),
10.03, Subdivision 15 (F) , 1D.22, Subdivision 1 and 2, and 10.23,
Subdivision 6 (B.) to permit the reconstruction of an accessory
structure 30 feet from the lakeshore instead of the required 75 feet
resulting in 48 square feet of hardcover within the lakeshore
� protected area where none is allowed, to rebuild structure 6 feet from
side lot line instead of required 10 feet and 16 feet from street lot
line instead of required 50 feet and to permit the continued use of an .
accessory structure on a portion of applicant's property that does not
contain a principal structure.
NOW, THER$FOR$, B$ IT R$SOLV$D by the City Counci 1 of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File �1052. �
•' 2. 'The property is located in the LR-lA Lakeshore Residential
Zoning District.
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C�t� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
�
� NO. 2033 I
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. 3. The Orono Planning Commission reviewed this application on
July 21, 1986, and recommended approval of the proposed variances
.. based upon the fol lowing findings:
; A) An auto accident on County Road 15 created need to make
�t major structural repairs to non-conforming structures.
B) Applicant reports that this is the third incident of
. property damage sustained by the applicant from traffic
: accidents since 1968. •
° C) The fencing and accessory shed have existed on the
property for several years.
� D) The structures create no visual impact from the lakeside
, nor the adjacent roadway.
E) The proposed use of the structures are recognized as
' conforming residential uses.
• F) The higher elevations of the adjacent roadbed provi'de a
vision barrier for structures on applicant's lakeshore.
G) The fence and shed create no hazards for the pedestrian
,
or vehicle users of the roadway.
H) The fence or shed will not block lake views of
surrounding lakeshore lot owners.
I) Applicant's residence is located to the immediate west
on the opposite side of County Road 15 from the lakeshore
property.
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.
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Ci.t� o� ORONO
• � RESOLUTION OF THE CITY COUNCI L
I � NO. 2033
• - • •
CONCI,DSIONS, ORDER AND COAIDITIONS
,. Based upon one or- more of the above findings, the Orono City
Council hereby grants variances to the Municipal Zoning Code Sections
. 10.03 , Subdivision 9 (A) , 10.03 , Subdivision 15 (F ) , 10.22 ,
�� Subdivision 1 and 2, and 10.23 Subdivision 6 (B) to permit the
' reconstruction of accessory structures recently damaged in an
automobile accident on a property that does not have a principal
_ structure requiring side, street and lakeshore variances, subject to
. the fol lowing conditions: •
• 1. Shed must be rebuilt over existing founclation of 8 feet by 6
feet and must not exceed a height of 6 feet or 72 inches above
existing grade.
2. Fence must be reinstalled in present location and must not
exceed a 3 � foot height above existing grade.
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 Counci 1 approva 1, or thi s variance wi 11 expire on
� that clate (August 11, 1987).
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 llth day of
August, 1986. �
AT T: •
' �
thy M. allin ty Clerk Mary C. t er, ayor
�
• Prop ty Owner(s)
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v r -"` � y � •• .,• . . � ,
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C�t� o� ORONO ,
. � RESOLUTION OF THE CITY COUNCIL
� NO. 2033
- � - • •
- STATE OF MINNESOTA )
) ss. -
COUNTY OF HENNEPIN )
4 ��'G � •
On this day of , 1986
before me a Notary li with' f r id county, personally
_ appeared � �, nown to me to be
� the person(s ) d ibed in an ho executed the foregoing '
� instrument, and nowledged tha� e (they) executed the same as
' his (their) free act and deed.
� • �ww�
J'OANNE C.LATi IF'
P�TARY PUBLIC•;,i1NP'���TA NO Y PUBLIC
HENNEPI�;t;9U�'.'s�
: [�J►�,Qi11fl11SS10►i G;FIfOS�.:G�.�, i;,9Q
• x v�vWVV�vwvwvvwx � /� �
� �
. MY COMb'I � SION EXP RES
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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