HomeMy WebLinkAboutResolution 2253 � ��
- � clt� o� oR,oNo
• RESOLUTION OF THE CITY COUNCIL
` � N0. 2253
� � � A RRSOLDTION GRANTING
VARIANC$S TO
MONICIPAL ZONING CODE
SI3CTION 10.22, SOBDIVISIONS 1 � 2
FILS #1172
WHEREAS, Christine Beck (hereinafter "the applicant") is
the owner of the property located at 3820 Cherry Avenue within the
City of Orono (hereinafter "City") and legal ly described as Lots 3, 4,
and 5 , Block 3 Crystal Bay View, Hennepin County, Minnesota
(hereinafter "the property"); and
WHERLAS, the applicant has applied to the City for
variances to Municipal Zoning Code Section 10.22, Subdivisions 1 & 2
• to permit the construction of a deck to be placed 27 feet from the
shoreline instead of the required 75 feet per Subdivision 1 and
creating 454.4 s.f. of new hardcover in place of 509.5 s.f. of
existing hardcover resulting in a total reduction of 55.1 s.f. or .5$
of hardcover within the 0-75' lakeshore protected area where none is
allowed. '
• NOW, TH$R$FORE, BE IT R$SOLVED by the City Council of Orono, �
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File �1172.
2. The property is located in the LR-1B Lakeshore Residential
Zoning District.
3. The Orono Planning Commission reviewed this application on
August 17, 1987, and recommended approval of the proposed
. variance based upon the following findings: .
a) The house was placed on the property prior to standards
for lakeshore development.
b) T.he wetlands along the east and south side of the
property place restrictions on the building envelope.
c) There is no feasible area for the proposed deck out of ,
the lakeshore protected area because the living areas of the
house are completely located within the protected area.
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� � clt� o� oR,oNo
• ` R�SOLUTION OF THE CITY COUNCIL
� NO. 2253
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d) The majority of the surface runoff from the property
f lows to the lower elevations along the east side of the
property. The break in drainage occurs approximately along
the front line of the house. The majority of new hardcover
will be placed behind the front line of the house.
e) The proposed improvement will result in an overall
reduction of .5� of hardcover within the 0-75 feet lakeshore
protected area.
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. •
CO�JCLDSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants variances to the Municipal Zoning
Code Section 10.22, Subdivisions 1 & 2 to permit the construction of a
lakeshore deck at the residence located at 3820 Cherry Avenue subject
to the following conditions:
l. The existing storage structure located 15 feet from the
shoreline is to be rerinoved prior to construction of the deck.
2. Underlay area of proposed deck to remain in natural state,.
ground cover to be restored when possible - retaining wal ls that
remain to provide stability of existing bank. �
3. Applicant/owner to grant conservation and f lowage easement
over designated wetlands.
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� � Clt� of ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2253
• -. • •
. thorities 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 Counci 1 approva 1, or thi s variance wi 11 expire on
that date (September 14, 1988).
5. 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.
6. 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.
Adopted by the Orono City Council on this 14th day of
Sep ember, 1987.r � �
I
• ATT T: _
othy M allin, City Clerk Jam s R. Gr , Mayor
.
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Property Owner(s) .
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �0 '� day of �,ry� , 198�
before me a Not ry Public with�i,nL and f r said county, personally
appeared .h�y�S��,r�D �,QU�
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.
" /�1.��
��A��MINNE�.SOTA NOTARY PUBLIC
� �HEN��N� .
�'-�-qa
MY COMMISSION EXPIRES
STATE OF MINNESOTA ) �
)ss.
COUNTY OF HENNEPIN )
On thi s day of , 19 8 , bef ore 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
• MY COMMISSION EXPIRES
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