HomeMy WebLinkAboutResolution 2264 � . . - .. . . ._.___. o �� � �.�..�
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Cit of OR�NO l�� �
s , �' a-��
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� RESOLUTION OF THE CITY COUNCIL
� NO. 2264 �
� � � A RESOLDTION GRANTING
VARIANC$S TO
� MITIdICIPAL ZONING COD$
SECTION 10.22, SDBDIVISION 1
� AND SECTIOAi 10.23, SQBDIVISION 6 (B)
. FILE #1184
WHER$AS, Gerald T. McCourtney (hereinafter "the applicant") is
the owner of the property located at 1055 West FerndaYe Road within the
. .. .. City of Orono (hereinafte.r "City") and legally described as follows:
See Exhibit A, attached, (hereinafter "the property"); and .
• WHEREAS, the applicant has applied to the City for variances to
Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.23,
Subdivision 6 (B) to permit the constructi.on of bathroam, dinette, and
laundry room additions to the existing structure resulting in an increase
of 1.5� or 279 s.f. of �hardcover within the 75-250 feet lakeshore setback
area where only 25� or 3,968 s.f. if allowed and a side setback variance of
15 f eet• f or the bathroom addition that W�1 i encroach no f urther into the
• existing substandard yard area than the existing structure.
.NOW, THEREFORE, BE .IT R$SOLVED by the City Council of Orono,
Minnesota:
FINDINGS �
l. This application was reviewed as Zoning Fi1e #1184.
2. The property is located in the LR-lA Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
September 8, 1987, and recommended approval of the proposed variances
based upon the following findings:
A) Over 50� of the area of this property is located within the 0
to 75 feet lakeshore protected area.
B) The 16,000 square feet of grassed lakeshore yard area
. . provides.. �adequate treatment area for the hardcover on the
property.
C) The City has received no negative comments from the adjacent,
most affected neighbors.
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c�t� o� oR,oNO � _
• � RESOLUTION OF THE CITY COUNCIL
� NO. 2264
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4. The City Council has considered this application including the
. findings and recommendations of the Planning Commission, reports by
- . City staf f, comments by the appl icant a°nd the ef f ect of the proposed
variance on the health, safety and welfare of the community.
5. The City Council finds that the conditions existing on this
proper�ty are peculiar to it and do not apply generally to. other
property in this zoning district; that granting the variances 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, ORDffit AND CONDITIONS
• Based upon one or more of the f indings noted above, the Orono
. City Council hereby. grants variances per Municipal Zoning Code Section
� 10.22, Subdivision l and Section 10.23, Subdivision 6 (B) to permit the
construction of additions to the existing structure that requires hardcover
and side setback variances, subject to the following conditions:
1. The drainage swale along the west side of the property shall not
� be permanently or temporarily altered as a result of the proposed
construction.
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 these variances will expire on that date
(September 28, 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 automaticalYy terminate any authority granted
� : herein., �and shall be punishable as a misdemeanor.
4. The undersigned applicant 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.
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Cit� o� ORONO � _
• RESOLUTION OF THE CITY COUNCIL
� NO. 2264
�
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Adopted by the Orono City Council on this 28th day of September,
1987. � '
ATTEST: .
-� ���Dorothy M. Hallin, City Clerk Jam s . Gra
Property Owner(s)
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Page 3 of 4
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Cit� of ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2264
�
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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
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
MY COMMISSION EXPIRES
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, . EXHIBIT A
� .
RESOLUTION #2264
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� • ' � � � � . ' LEGAL� DESCRI PTION . �� � �. �. .
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�t part, o.f Tract, B, Registered: Land:�Survey Number f�1372, �Fi�l�e.s af " tr:e.' �
Regist:rar of Titles, Hennepin County� Minnesota, � lying westerly of '�the�
followin� descritied line and �its..nortYierly and �southerly •extensions. � . . � �'
Commencir�g� at the northw.esterly 'corner� of said Tract B. . thence southeasterly..
alon� �the northeasterI•y 1 ine ��of said' Tract �B; a .distance :�of 1_47.85'�feet� to. .��
. an iron monument'. beir�g �the point� of :begirining of the•�:i Sne._to� .be,. desc.ribed; ;
thence southerly.: deflecting to��the. right, fr.om the l.ast, described °course�
� 68� degrees.,� lI._ �minutes; :i0 .seconds a "distaric�e .'of,.100, �feet;�� to ."an' i�ron.,�`.• •� . �
monument; •�tihence c ont i nui ng soutfierl y-:on 'the_ �e'xtension�:of.�tih�� 1 ast:��desc ribed�.
coµrse t.o the .shorieline cif �Lake� Minnetonka and��.said Iine-. Chere:. termi�nati.ng�: . .
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