HomeMy WebLinkAboutResolution 2215 u .
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��.� .�. Cit� o� ORONO .
• �' � a RESOLUTION OF THE CITY COUNCIL
. � ` NO. 2215
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E) The Planning Commission recommended elimination of excess
portions of the 12'x12' platform near the dock and of the 10'x10'
platform halfway down the hill , to meet the 4' width standards.
These reductions will result in a final 0-75' hardcover of
approximately 1,103 s.f. or 4.5$; 75-250' hardcover will increase
from 17,274 s.f. (29.9�) to 17, 483 s.f. (30.3$) as a result of
the project.
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 al leviate 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.
CO1�iCLIISIOL+�S, ORDffit AND CONDITIONS � �
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.22, Subdivisions
1 & 2 and Section 10.55, Subdivision 8 to allow the construction of a
lakeshore stairway constituting structure in the 0-75' lakeshore setback
zone where no structure is normally allowed, and constituting 4.5�
hardcover in the 0-75' lakeshore setback zone where no hardcover is
normal ly al lowed, and resulting in an increase in hardcover from 29.9� to
30.3$ in the 75-250' lakeshore setback zone where only 25$ hardcover is
normally allowed, subject to the following conditions:
l. Structure and hardcover in the 0-75' lakeshore setback zone is
limited to the stairway constituting a total of 1,103 square feet of
hardcover, �or 4.5$. No additional hardcover variance is granted with
this approval. Applicant is advised that future requests for hard-
cover within the 0-75' zone will not be approved, and might be
approved only with concurrent removal of equivalent amounts of
existing hardcover.
�� • 2. The �tairway structures shall conform to the approved plans as
revised. A building permit must be obtained prior to commencement of
construction of the stairway.
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� 3. Any proposed lighting of the stairway shall be directed vertically
; downward so as to not be visible from across the lake.
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� Cit o� ORONO
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• RESOLUTION OF THE CITY COUNCIL
� , NO. 2215
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A RESOLDTION GRAIaTING
A VARIANCE TO
MONICIPAL ZONING CODE
SECTION 10.22, SIIBDIVISIONS 1 & 2
AND SECTION 10.55, SIIBDIVISION 8
• FIL$ #1153
WHEREAS, Richard Erickson (hereinafter "the applicant" ) is the
owner of the property located at 1295 Sixth Avenue North within the City of
Orono (hereinafter "City") and legally described as follows:
Exhibit A (hereinafter "the property") ; and
WHER$AS, the applicant has applied to the City__fo.r.�-------',ance to
Municipal Zoning Code Section 10.22, Subdivisior�`" �, 1 10.55,
Subdivision 8 to allow the construction of a ' " / :airway
constituting structure and hardcover in the 0-`. � � � :k zone
where no structure or hardcover is normally allo' � �`
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NOW, THER$FORE, B$ IT RTSOI,VED by th � � 'Orono,
• Minnesota:
FINDIIVGS
1. This application was reviewed as Zoning File #1153.
2. The property is loca�ed in the LR-lA Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on June
15, 1987, and recommended approval of the proposed variance based upon
the f o 1 lowing f indings:
A) The 50� slope ( 37.5' drop in 75' horizontal distance) is not
feasible to climb without some type of stairway.
B) The proposed stairway will be constructed of timbers at
grade, and requires numerous switch-backs as designed to conform
with existing property contours and grades.
C) A number of minor retaining walls shown on the plan are
necessary to maintain the integrity of the slope.
D) The nature of the design of the stairway and its location are
. ' such that the existing natural vegetation will provide adequate
� • screening of the stairway from the lake.
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Cit of ORONO
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• RESOLUTION OF THE CITY COUNCI L
� NO. 2215
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4. 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 (July 13,
1988 ) .
5. 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.
6. 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 13th day of July, 1987.
• ATT T:
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t y M a in, City Clerk Jam s R. Grabe , Mayor
o v . y
rt Owner(s).
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Ci.t� o� ORONO � �
• RESOLUTION OF THE CITY COUNCIL
� � NO. 2215
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
. On this 30th day of July � 1987
before me a Notar Public within and for said county, personal ly
appeared Richard �rickson & Julianne. Corty
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.
� /�C�� � /'(/G�LZS�
THERESA L. NAAB NOTARY PUBLIC
NOTARY PUBUC - MINNESOTA
�HEN�NE�PoN�oVaN9-TSY-82
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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, 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
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� MY COMMISSION EXPIRES ,
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