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Home My WebLink About#3117-variances-1992 � . � � � �� / �' �' , - � ;,''O O v\ �:z�- � CITY of ORON� i �, ; ti '�' RESOLUTION OF THE CITY COUNCiI • ��k.E HOg,�'G NQ, 3117 S A RESOLIJTION GRANTING VARIANCES TO MDNICIPAL ZONING CODE SBCTION 10_03, SDBDIVISION 9 (D) , SECTION 10.25, SIIBDIVISION 6 (B), SECTION 10.22, SIIBDIVISION 1 (A) , AND SIIBDIVISION 2 FII.E #1714 WHEREAS, Thomas W. Lytle (hereinafter "the apDlicant" ) is the owner of the property located at 1935 Concordia Street within the City of Orono (hereinafter "City" ) and legally described as follows : Lot 12 , Fagerness , according to the plat thereof on file and of record in the office of the Register of Deeds in and �or Hennepin Coun�y, Minnesota (hereinafter "the property") ; and WHEREAS� the applicant has applied to the City �or variar�ces to Muni�i�al Zoning Code Sections 10.03, Subdivision 9 ;D) and Section 10.25, Subdivision 6 (B) to allow the construc�ion of a 22 'x26' detached garage within the street yard of the lakeshore property located 8 ' 8 " from the street �setback line where 10 ' is required and 3 ' 9 " from the side Iot line where 10' is requir_ed, a variance to Section 10.22, Subdivision 1 (A) for an attached deck to the lakeside of the existing residence to be placed 72' .from the OHWL of Lake Minnetonka instead of the rec7uired 75' and variances to Section 10.22, Subdivision 2 involving hardcover variances within tne 0-75' setback area seexing approval of 56.2 s.f. or 1$ hardcover where none is allowed and within the 75-250' setback area seeking a.pproval of hardcove�- variance involving 2,799.34 s.f. or 32� of hardcover where 2,205.7 s.f. or 25.2$ exists and where onl.y 25$ is allowed. NOW, THEREFORE, B$ IT RES�LVED by the City Council of Orono, Minnesota: FINDIN6S 1. "'fiiis application was reaiewed as Zoning Fi1e �1714. 2. The property is located in the LR-IC, Lakeshore Residential Zoning District requiring a 1/2 acre in area. The property consists of 14, 362_5 s.f. or .33 acres. Page 1 of 5 s �� - ii O O �� b - CITY of ORONO �11�, _ � . �, '� RESOLUTION OF THE CITY COUNCIL ��9kESH�4�'G NO.. 3117 3 . The Orono Planning Commission reviewed this application on February 18 , 1992 and April 20 , 1992, and recommended approval of the variances as amended based upon the following findings: a ) The 15' high Iakeside banks shield the proposed deck from the views at lakeshore. b) TYfe lakeside deck will not encroach the average lakeshore setback determined by the closest projections of the decks on the adjacent properties . c ) Location of view windows of applicant' s residence, location of mature trees within the side and Iakeshore yard and locat�on of a house to the immediate south are factors which limit the locating of deck on this property. d) The proposed deck will meet the Minnesota Department o� Natural Resou�ces 50 ' minimum setback for ceneral development lake such as Lake Minnetonka. e ) Proposed detached garage shall encroach no closer within substandard street or side setbacks of current garage. 4 . The City Council finds that the conditions existing on this property are peculiar to it and do not apply general �y to other property in tnis 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 in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5 . The City Council has considered this app Iication inc luding the findings and recommendations of the P Ianning 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. Page 2 of 5 . �� t� ' ^ / V ' /� � _ �//O O �� 4 _- CITY af ORONO I � ; � ti RESOLUTION OF THE CITY COUNCIL ��kESH�4�G NO. 3117 CONCI�IISIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.03, Subdivision 9 (D ) , Section 10.25 , Subdivision 6 (B) , Section 10.22 , Subdivision 1 (A ) and Section 10.22 , Subdivision 2 to permit the construction of a lakeside deck to the southwest side of the existing residence to be placed 72' from the 929. 4 elevation of Lake Minnetonka and a 22'x26' detached garage to be located 8 ' 8 " from the street 1ot line and 3 ' 9" from the side lot line and 56.2 s.f. of hardcover within the 0-75 ' setback area and 2 , 799.34 s.f. or 32% :nardcover within the 75-250' setback area, subject to the following conditions : l. Authorities granted by this variance appro val run with the property not with the applicant, but are permissive only and must be exercised by a�plication for a building permit within one year or the date of Council aDproval , or this variance wi 11 e:cpire on tnat date (May 11, 19 9 3 ). 2 . Violation of or non-compliance with any of the terms and conditions of this variance sha11 constitute a violation of the zor.ing code, sha 11 automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3 . The undersigned applicant has read, unde�stood 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 May, 1992. ATT T: _� ''; , ,�, , __ � y i / /�.,�=i; : .L�--t-L��Z� �( �� . C,�'r �.i'7;� . oth�, . all�n, Ci�y C erk Barbara A. Peterson, Mayor /��' / ��,� � ' .�-- , �✓� % �� , / � ,,` Property Owner(s ) / � Page 3 of 5 A � ' . , �' �� . ;;�0 . O ;; �b _- CIT�' of ORONO � � ; ti �� G'�' RESOLUTION OF THE CITY COUNCIL � ��kESH�4� NO� 3117 STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this llth day of May, 1992 , by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono , a Minnesota municipal corporation and said instrument was executed on behalf of the City. �' , • JA��iIE��. BOSf�1A '� � J � � �:�� . � c ` �. NOTARY PU6UG�11NNESOTA � —.- �� :�,LC� i'� ��;,�'/��G �' ��w' NE�Vr�EPIr;C0UN7Y . NOtdr'y Pub11.0 �� My Comm.F��;re�12-19-97 `' ' �`.t.c"eti'"' '�%�%�:�w�_^'"�--�'�.'�'� ' - -� - �—�>.•� Page 4 of 5 , i , � ~ � � � � � � ' O O\ ;�� n�- � CITY of ORONO ,� ,� ,� � .� ; ti� '�' RESOLUTION OF THE CITY COUNCIL ��9kESH�g'�G NO, 3117 STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this �� day of � � /��C- , 199� before me a . Notary Public within and for s�aid county, personal ly appeared --��Zc�y�-�,� l�_ �� ,� :� _ �..lc—��_ ��-z�`-��c� °-� known to me to be the pe son(s) described in and wno executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. '� JAMIE L.BOS�YIA �� %� ,�� ;S ��..,�;�� NOTAAY PU6LIC-Mi�1f�IESOTA � ;�% � _-.� i� �c�., ' �_,:___ � '�;�= H�idVE�iPJ CCu�lTY � ; r,lyccmm.E:c;;es12-;s-97 �' NOTAR`f PUBLIC -.> . �--�: �>>-.�-_:� � STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this day of , 199 , before me a Notary Public within and for said County, personal ly 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 Page 5 of 5