HomeMy WebLinkAboutResolution 2205 ' . •
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� Cit� of ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2205
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A RESOLIITION GRANTING
A VARIANCE TO
MDNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1
FII.E #1152
WHEREAS, Frank Janecky (hereinafter "the applicant") is the owner
of the property located at 3145 North Shore Drive within the City of Orono
(hereinafter "City") and legally described as follows: �
Tract B, Registered Land Survey No. 1113, files of Registrar of
Titles, Hennepin County, Minnesota, (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.22 , Subdivision 1 to permit the
construction of a second story deck that wil 1 encroach 89' into the average
lakeshore setback zone where no encroachment is normally allowed.
NOW, THER$FORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
• FINDINGS
l. This application was reviewed as Zoning File #1152.
2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District.
3. The Orono Planni.ng Commission reviewed this application on June
15, 1987, and recommended approval of the proposed variance based upon
the f o l lowing f indings: .
A) Applicant is remodeling the existing house and as part of
that remodeling is replacing the existing attached garage with a
new attached garage in a more conforming location. The result
is that removal of the old garage coupled with construction of
the proposed deck actually results in an increase in lake views
of the affected neighbor at 3135 North Shore Drive by
approximately 6 degrees. The new deck encroachment technically
does require a variance because it encroaches further past the
� defined average lakeshore setback line than the existing garage.
B) The proposed deck is mainly over an existing slab and in
conjunction with concurrent removals of pre-existing hardcover on
the property, the property wil 1 become conforming as to hardcover
percentage in the 75-250' zone.
� C) The encroachment of 89' into the average setback zone is a
result of the unusual defined shoreline configuration in the
neighborhood and the locations of existing residences in relation
to the shoreline.
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� Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCI L
� NO. 2205
�
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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 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.
CONCLUSIONS, ORDER AND CONDITIONS
• Based upon the above findings, the Orono City Council hereby
grants a variance per Municipal Zoning Code Section 10.22, Subdivision 1 to
permit the construction of a second story deck that will encroach 89' into
the average lakeshore setback zone where no encroachment is normally
allowed, subject to the following conditions:
l. Applicant hereby reaffirms his agreement that the hardcover
remova 1 s as shown on ExYiibit "A" attached sha 11 occur prior to
issuance of a Certificate of Occupancy for the residence.
2. Authorities granted with this resolution 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 22,
1988 ) .
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 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.
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� Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
Q� NO. 2205
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Adopted by the Orono City Council on this 22th day of June, 1987.
ATTE .
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. o thy M. allin, City Clerk Jam s R. Grabe , Mayor
Pr p rty Ow er )
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� Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCI L
� NO. 2205
�
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On t h i s O?�" �' d a y a f -J t,l_.h�_ , 19 87
before me a otary Public within and for said county, personally
appeared
known to me to be the person(s) desc b d in and who executed the
foregoing instrument, and acknowledged that he (they) e�ecuted
the same as his (their) free act and deed.
• L. NAAB 7A
�R��� COU� NOTARY PUBLIC
!�°n�
����
MY COMMISSION EXPIRES ,
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this - �� day of , 198�, before me
a Notary Pub ic within and for aid County, persona ly appeared
f�,�y ��g-N�,,��/ _ _ _____ 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.
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O Y P L C '
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• °� �,NEN��p�oo
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MY COMMISSION EXPIRES
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