HomeMy WebLinkAboutResolution 2181 . .. .. .. ...�..y-
� � Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2181
�
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A RESOLIITION GRANTING
A VARIANCE TO
MiJNICIPAL ZONING CODE
SECTION 10.24, SOBDIVISION 5 (B)
� AND SECTION 10.22, SDBDIVISION 1
FIL$ #1151
�.,� WHEREAS, Ann C. Fisher (hereinafter "the applicant") is the owner
of the property located at 774 Tonkawa Road within the City of Orono
(hereinafter "City") and legally described as follows:
All that part of Lot 14, PARTEN'S POINT FIRST DIVISION, according to
the recorded plat thereof, lying Southeasterly of a line drawn from a
point on the Southwesterly line of said Lot 14, distant 51.34 feet
Northwesterly of the Southwesterly corner of said Lot 14 to the shore
of Lake Minnetonka, said line being parallel to the Northwesterly and
Southwesterly lines of said Lot 14 (hereinafter "the property"); and
WH$REAS, the applicant has applied to the City for a renewal
variance to Municipal Zoning Code Sections 10.24, Subdivision 5 (B) and
• 10.22, Subdivision 1 to permit the construction of a deck and screen porch
located 7.5' from the side property line where a 10' setback is normally
required and encroaching 15 feet into the average lakeshore setback area
where no encroachment is normally allowed.
NOW, THEREFOR$, BE IT RESOLVED by the City Council of Orono,
Minnesota: .
FINDINGS
1. This application was reviewed as Zoning File #1151.
2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District. �
3. The Orono Planning Commission reviewed this project originally as
Application #940 on July 15, 1985, and recommended approval of the
proposed variances based upon the fol lowing findings:
A) The hardships to the property are locations of the
. neighboring residences, and the angle of the lakeshore in
relation to the lot.
B) The neighbors' lakeshore views will not be affected due to
topography and existing natural screening.
• C) The increase in hardcover is within the limits prescribed in
the zoning code.
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, cit� o� oR,oNo
• RESOLUTION OF THE CITY COUNCIL
� NO. 2181
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D The proposed addition will retain a 95' setback from the
a e.
E) The side setback encroachment of the new addition is less
severe than the encroachment of the existing house, and continues
. the line of the existing house.
• 4. The City Council on July 22, 1985 adopted Resolution #1812
''approving the requested variances.
5. The applicant applied for a renewal variance on May 7, 1987. The
Planning Commision reviewed this application (#1151) on May 19, 1987
and unanimously recommended approval, noting that the portion of the
work requiring an average lakeshore setback is not proposed to be
constructed at this time.
6. 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.
• 7. 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 demon-
strable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant; and would be in k�-eping with the
spirit and intent of the Zoning Code and Comprehensive Plan of 'the
City. _
CONCLDSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants variances per Municipal Zoning Code Sections 10.24, Subdivision 5
(B) and 10.22, Subdivision 1 to permit the construction of a deck and
screen porch located 7.5' from the side property line where a 10' setback
is normally required, and encroaching 15' into the average lakeshore
. setback area where no encroachment is normally allowed, subject to the
following conditions:
l. Applicant is placed on notice that the proposal increases the �
hardcover in the 75-250' setback zone to 2,100 square feet or 23�
where the maximum allowable hardcover is 25� or 2,250 square feet, and
that any future proposals which would result in hardcover exceedirig
• the allowable limits would be subject to a variance procedure and may
not be approved.
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� Cit� of ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2181
�
• � _ � �
2. Authorities granted with this resolution run with the property not
with the applicants, 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 wil 1 expire on that date (May 26,
1988 ). Any portion of the project not covered under a building
.,�permit as of that date shall require a further variance renewal
application.
3. 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 authority granted
herein, and shall be punishable as a misdemeanor.
4. The undersigned applicants have read, understood and hereby agrees
to the terms of this resolution and on behalf of themselves, their
heirs, successors and assigns, hereby agree to the recording of this
resolution in the chain of title of the property.
• ; Adopted by the Orono City Council on this 26th day of May, 1987.
I
ATT T:
�. .
Dorothy M allin, City Clerk �Jam s R. Grabe , Mayor
Property Owner(s)
•
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� Ci.t� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
:�
� NO. 21:81
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
'•>
On this �� �' day of /�G�.c,( , 198�
before me a Notary Public within and for s 'd county, personally
appeared ,�/l n � . �s��
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.
, Gz�-�-
��8/1 L. NAqe NOTARY PUBLIC
• ��s�i p0�NE4�2A
� �'-��9a-
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 198 , 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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