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Home My WebLink About#3289 - variances - 1993 �' ��' TY f ORONO O ,z O CI o _ ��. ' �'��' RESOLL'TION OF THE CITY COUNCIL � `�`�;l ' . � �" No. � 2 �u ' � � � ��1 ti , r,, ,ti, �,�9x�y r og�G EsH A RESOLUTION GRANTIl�IG VARIANCES TO 1�1UNICIPAL ZONING CODE S�CTION 10.22, SUBDIVISIONS 1(B) AND 2 FILE #1327 WHEREAS, Richard Henry Nelson (hereinafter "the applicant") is owner of the property located at 3908 Cherry Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 14 and 15, Block 4, Crystal Bay View, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit the construction of a new roof and 17'x12' roofed deck addition to the rear of their residence located in front of the average lakeshore setback line where no such encroachment is allowed and for expansions of the existing building envelope located within the lakeshore protected area where no such expansions are allowed. NOW, THEREFOR�, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was revie�ved as Zoning File #1827. � 2. The property is lacated in the LR-1C Zoning District requiring a '/z acre or 21,780 s.f. in area. The property consists of 23,220 s.f. or .53 acres. 3. The Orono Planning Commission reviewed this application on May 17, 1993, and recommended approval of the variances as amended based on the following , findings: Page 1 of 5 fa�sars uraww � o� O :. O CITY of ORONO �� RESOLL"I'ION OF THE CITY COUNCIL � '��f�=� cS� NO. � � � `� _ � �, ti t�',�9 �� g�p kEsHo A. The existing residence was constructed prior to current zoning standards for lakeshore development. B. The existin� roof is in need of repair. The new design will help provide positive draina�e immediately off roof and from structure. C. The total structure is located in front of the average lakeshore setback line. D. Structural coverage of the property is at 2,524 s.f. or 10.8% where 15% would be allowed. 4. 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. 5. The City Council has considered this application including the fmdings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safery and welfare of the community. CONCLUSIONS, ORDER AND C0�IDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit the construction of a new roof and 12'x17' roofed deck structure located in front of the average lakeshore setback line where no such encroachment is allowed and the expansion of the existin� building envelope within the lakeshore protected area, subject to the following conditions: Page 2 of 5 Fan 5005 Deh 6om � ��' f ORONO 0 . � CITY o �='��=� .� RESOLL'TION OF T'HE CI'I'Y COUNCIL � f`�'��, � NO. e� � � �_ 'C� ~ 19x� , Og�G Es8 1. Applicant shall provide a grading and drainage plan at the time of the filing of the building permit application for the new construction. The drainage plan shall address changes in elevations along south side of residence providing positive drainage from structure. 2. All hardcover improvements scheduled for removal shall be completed prior to initial inspection of building inspector for new construction. Removals shall be completed as shown on page 5 of this resolution. 480 s.f. of area defined as rock with plastic shall be replaced with grass sod. 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 14, 1994). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any au[hority 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 14th day of June, 1993. AT T: , � ��, � 4 1• Dorothy M. - � I(in, City Clerk Cdward J. Call�tSan, Jr., Mayor i � � , roperty O ner( Page 3 of 5 fam 5005 ast Qoro .� o�. O .1 O CI� of ORONO ��_��, �,� � � RESOLUTION OF THE CITY COUNCIL � �, � �':�� , NO.�� ,.. . � ' `��' G� t9kEs8og'� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of June, 1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & Ciry Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. V6E � NOTAFiY PUBUC - MINNESOTA . � �/',, ' , � HENNEPIN COUNTY � , � My commisslon expires 8-12-98 �2C �CJ J�.�� Noiary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �� -�h day of .��n�_, 199 3 before me a Notary Public within and for said county, personally appeared ;� �,�,- �}�� r� i f s�„ v>-�c r r�L� fo �• �re��5 known to me to be person(s) described in and wh executed the foregomg mstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. c�o��. w�s�wu, � �' �E7VNEPi�� "^'ca+M�ssar+ocPu�s szs�, Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ,2�� day of . �.�� , 199 3 before me a Notary Public within and for said county, personally appeared � i n % �'� ��'�� %� -c- ��'� ��' ��S°�' known to me to be person(s) described ' and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. LINDA S. VEE ^ .<�� v � ' NOTARY PUBLIC - MINNESOTA �}ji1C HENNEPIN COUNTY �rY � � - My commisslon expires &12-98 Pa�e 4 of 5 ` Fam 5005 Gri Omro