HomeMy WebLinkAboutResolution 2237 • ' �
.I k� L
P.t.
� � �� Clt of ORONO
�. �
• R�SOLUTION OF THE CITY COUNCIL
' � :��""' NO. 2237
� - • •
A RESOLIITION GRANTING
A VARIANCE TO
MiJNICYPAL ZONING CODE �
SECTION 10.22, SOBDIVISION 2'
AND S$CTION 10.25, SQBDIVISION 6 (B)
FILE #1167
W�EREAS, Len Bachkes (hereinafter "the applicant") is the
owner of the property located at 2813 Casco Point Road within the City
of Orono (hereinafter "City") and legally described as follows:
Lot 121, Spring Park, Hennepin County, Minnesota, and all the
unplatted land and that part of Lake Shore Avenue vacated lying
between the side lines of said lot projected to Lake Minnetonka
according to the plat thereof on file or of record in the office
of the Registrar of Deeds in and for said County, (hereinafter
"the property") • and
, .
W�EREAS, the applicant has applied to the City for a
•variance to Municipal Zoning Code Section 10.22, Subdivision 2 to
permit the construction of an addition which will increase hardcover
from 26.0� to 29.7� in the 75-250' setback zone where only 25� hard-
cover is normally allowed ; and a variance to Section 10. 25 ,
Subdivision 6 (B) in order to construct the additions within 9.5 feet
of the side lot line where a 10 foot setback is normally required.
. -
NOW, THEREFORE, BE I'P RESOLVED by the City Counci 1 of Orono,
Minnesota :
FINDIIdGS
l. This application was reviewed as Zoning File #1167. �
2. The property is located in the LR-1C Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
July 20 , 1987 and recommended approval of the proposed variance
based upon the following findings:
A) The side setback variance of 0.5' is necessary only for
a smal 1 portion of the addition because the house side line
of the existing house is not paral lel with the lot line. �
• B) No items of existing hardcover are readily feasible for
removal as a hardcover tradeoff.
Page 1 of 4
�;�, ;�;<
���'` Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
�.:
� NO. 2237
• - � • '
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 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.
CONCLIISIONS, ORDER AIJD CONDITIONS
• Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.22,
Subdivision 2 and Section 10.25, Subdivision 6 (B) to permit the
construction of an addition which will increase hardcover in the 75-
250 ' setback zone from 26.0� to 29.7$ where only 25� hardcover is
normally allowed and which will be constructed 9.5 feet from the side.
lot line where a 10 foot s�tback is normally required, subject to the
following conditions:
l. The hardcover on this property in the 75-250' setback zone
shall not exceed 2,696 s.f. or 29.7$, and the applicant is placed
on notice that any future improvements to the property which
constitute additional hardcover will not be approved, and might
be approved only with concurrent removals of existing hardcover.
2. Applicant is advised that the boathouse structure at the
lakeshore is a non-conforming structure and is subject to the
pertinent ordinances. Applicant is further advised that the
existing hardcover in the 0-75' setback zone is about 300 square
feet or 6$, and no additional structures or hardcover are allowed
in the 0-75' setback zone without approval of the City Council.
3. Authorities granted by, this variance 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 (July 27, 1988) .
Page 2 of 4
".�..
` C.�t� o� ORONO
���������
• � �� .�,,�.
�z��� RESOLUTION OF THE CITY COUNCIL
���:,w;-:
" ,4 V�:,4l�'~.l'i
� �;t,: ' NO. 2237
� _ �- � .
�,-,�..�5���'�'4
4. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of the
zoning code, shall automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
5. The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of himselt,
his heirs, successors and assigns, hereby agrees to the recording
of this resolution in the chain of title of the property.
Aclopted by the Orono City Council on this 27th day of July,
1987.
ATT S• :
. �
• D thy M a11in,� City Clerk ame R. ra ayor
• �'.�i��
operty Owners
�
•
Page 3 of 4
.
� � • .
� . r
��� � �"���r Ci.t� o� ORONO
''�'.��,,°``,�3
� '� � �
�� ���w=� RESOLUTION OF THE CITY COUNCIL
w,;�,<
� . '� NO. 2237
• - � •
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 14th day of September , 1987
before me a Notary Public within and for said county, personally
appeared L.P. & Mary Ann Bachkes, husband and wife
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.
����. NAAB NOTARY PUBLIC
w��NN�2
�
9/8/92
I 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
Page 4 of 4
-----�-�---------