HomeMy WebLinkAboutResolution 2186 Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2186
�
� � � A RESOLDTIOYd GRANTING
A VARIANCI3 TO
MONICIPAL ZONING COD$
SECTION 10.25, SDBDIVISION 6 (B)
FILE #1140
WHER$AS, Tom Berthiaume and Cherryl Rachenmeister (hereinafter
"the applicants") are the owners of the property located at 3035 Casco
Poin•� Road within the City of Orono (hereinafter "City" ) and legally
described as follows:
A1 1 of Tract A, Registered Land Survey No. 394 except that part lying
Northerly of the following described line: Beginning at the
Southeasterly corner of Tract B in said Registered Land Survey; thence
Southwesterly along a line drawn through a point on the base line as
shown on said Registered Land Survey, 80 feet Northwesterly from its
intersection with the Southeasterly line of said Tract A, to the shore
'of Lake Minnetonka, and there terminating, files of Registrar of
Titles, County of Hennepin, State of Minnesota, (hereinafter "the
� property"); and '
• WHER$AS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the
construction of a second story addition over the existing attached garage
which is located 7.1' from the side lot Iine were a 10' side setback is
normal ly required.
NOW, THERSFOR$, BS IT R�SOLVED by the City Council of Orono,
Minnesota:
. FINDINGS
1. This application was reviewed as Zoning File #1140.
2. The property is located in the LR-1C Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on May 4,
1987, and recommended approval of the proposed variance based upon the
following findings:
� A) The existing garage is 7.1' f rom the south side property
line.
B) Upward expansion rather than outward is the most appropriate
method to expand the house given the relative narrowness of the
• lot and the existing hardcover percentage of 50-60$.
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cit� o� oR,oNo
• RESOLUTION OF THE CITY COUNCIL
� NO. 2186 -
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There will be no resultant encroachment on any lake views
from any neighboring property.
D) There will be no significant impact on the quality or
quantity of run-off to . the lake as a result of this upward
expansion.
;•,4. The City Council has considered this application including the
findings and recommendations of the Planning Commission, reports by
City staf f, comments by the appl icant and the ef f ect 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 demon-
strable 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 CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance per Municipal Zoning Code Section 10.25, Subdivision 6
(B) to permit the construction of a second story addition over the existing
attached garage which is located 7.1' from the side lot line where a 10'
side setback is normal ly required, subject to the following conditions:
l. 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 will expire on that date (May 26,
1988 ) .
2. 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.
3. 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.
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cit� o� oR,oNo
• RESOLUTION OF THE CITY COUNCIL
� NO. 2186
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opted by the Orono City Council on this 26th day of May, 1987.
ATT T: -
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Do othy . allin, City Clerk Jam s R. G a , Mayor .
�•�
. l/���///�-�� '
Proper y Owner(s '
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• Page 3 of 4
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�
Cit� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
� �� NO. 2186
�
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
���
On t h i s �/� �'�`' d a y a f -JI.C/1� , 19 8�
before me a Notary Public within and for said county, personally
appeared �,�y�ru� �"Yl . ��-C'�C?h�e/S�2-r'
known to me to be e 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.
, �
' • THERESq �, NAA6 NOTARY PUBLIC
��Y�B�- MINNESOTA
wHEN��N�N�
�r����
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On thi s l a� day of �(�i Yl� , 19 8�, bef ore me
a No ary Public within and for said County, personally appeared
6Y�L�S �� !q-P�Y �iCLUf'Yt..P 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.
• Q.G�"
NOTARY PUBLIC
THEREBA L. NAAB
!l�ApY P1Jl3Li0-MINNESOTA '
HENNEPIN COUNTY ���� a
• �� ���
MY COMMISSION EXPIRES
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