HomeMy WebLinkAboutResolution 2256 . ' ..
� clt� o� oR,oNo
• RESOLUTION OF THE CITY COUNCIL
� NO. 2256
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A R13SOLUTION GRANTING
A VARIANCE TO
MiTNICIPAL ZONING CODE
. SECTION 10.22, SIIBDIVISION 2
FII,$ #1183
WHBREAS, Jack and Kathryn Swenson (hereinafter "the
applicants") are the owners of the property located at 3020 North
Shore Drive within the City of Orono (hereinafter "City") and legally
described as follows:
Boundaries of Lots 2 to 5, inclusive, Block 1, Lots 2 to 6
inclusive, Block 5, and that part of Lot 1 in Block 5 and of Lot
1 in Block 1 which are not included in the boat channel
connecting Maxwell Bay to Crystal Bay in Lake Minnetonka, and
that part of Lots 6 and 7, Block l, and of Lot 7, Block 5, and of
that part "of View Avenue vacated lying Westerly of the Westerly
line of said boat channel which lies Northeasterly of a line
• described as follows: Commencing at the Southeasterly corner of
Lot 7, Blcok 5; thence Southwesterly along the Southwesterly line
� of said Lot 7 a distance of 38.6 feet to the point of beginning
of the line to be described; thence �Northwesterly at an angle to
the right of 83 degrees 11 feet to the Northwesterly line of
Block l, and there terminating, al 1 in Crystal Bay Park, Hennepin
County, Minnesota (hereinafter "property"); and
WH$R�AS, the applicants have applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 2 to
allow a deck platform within- 75 feet of the s.horeline of their
property.
NOW, THER$FOR$, B� IT R$SOLVED by the City Counci 1 of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File �1183.'
2. The property is located in the LR-1B Single Family 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 .proposed increase in hardcover is less than 1�, and
the total hardcover in the 0-75 ' setback is less than 1�.
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y Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2256
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b) The City has made similar exceptions for access stairs to
lakeshore for properties with severe slope conditions.
c) The subject structure was constructed over existing
hardcover.
d) The subject structure is a replacement structure for a
platform that existed for many years.
e) The area that exists in the 0-75' setback zone is large
enough to accomodate runoff and infiltration for the
property.
4. The City Council has considered this application including
• the findings and recommendations of the Planning Commission,
reports by City staff, comments by the applicants and the effect
of the proposed variance on the health, safety and welfare of the
community.
5. The City Counci 1 f inds that the conditions existing on this
property are peculiar to it and do not apply general ly 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.
CONCLOSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.22,
Subdivision 2 to allow a deck platform within 75 feet of the shoreline
of their property, subject to the following conditions:
1. The plastic underneath the pink rock must be perforated by
October 15, 1987 in order that water can be absorbed in the soil.
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� Cit� o� ORONO
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� RESOLUTION OF THE CITY COUNCIL
� NO. 2256
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2. Authorities granted by this variance 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 (September 14, 1988).
3. 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.
4. The undersigned applicants have 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
September, 1987.
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ATTEST:
� . �� r
�
0 othy M. llin, City Clerk� Jame R`. Grabe , Mayor
P operty Owner(s)
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• RESOLUTION OF THE CITY COUNCIL
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��� ° NO. 2256
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 28th day of Septembe� ► 198?
before me a Notary Public within and for said county, personally
appeared Jack R Swenson & Kathr�n C' �wPnann husband & wifP
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.
��pEp��MINNEASOTA /�� .
�,q�oo Nma�_�N9'8'� .
NOTARY PUBLIC
� a
,�, _
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
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