HomeMy WebLinkAboutResolution 2278 .:. _ x i
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•: '� =Y x� RESOLUTION OF THE CITY COUNCIL
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A RESOLIITION GRd�NTYNG
� A VFiRYANCE TO '
MQNICIPAY� ZONING CODE
SECTION 10.22, SIIBDIVISIOAl 2 •
I�ILE �1200
�nTHER$AS, Thomas Scherber (hereinafter "the applicant" ) is the
owner of the property located at 1820 Shadywood Road within the City of
Orono (hereinafter "City") and legally described as Lots 23 and 24, Shady
Wood, Hennepin County, Minnesota (hereinafter "the property") ; and
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WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.22 , Subdivision 2 to permit the
� construction of a second story deck resulting in an increase of 84 s.f. of
structural hardcover and removal of 400 s.f. of non-structural hardcover
resulting in an overall reduction of 1.3� of hardcover within the 75-250'
setback area.
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_ f � NOWa TH$REFORE, B13 IT R$SOY�VED by the City Counci 1� of Orono,
Minnesota:
FIT�lDINGS
l. This application was reviewed as Zoning File #1200.
2. The property is located in the LR-1C Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
September 21, 1987, and recommended approval of the proposed variance
based upon the following findings:
A) The deck creates no view problems for adjacent neighbors.
B) Hardcover within the 75-250' setback area will be reduced
1.3$. `
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C) The City has received no negative comments from affected
neighbors.
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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.
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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 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. �
CONCLIISIONS, ORDER AND CONDI�IONS
Based upon one or more of the findings noted above, the Orono
City Council hereby grants a variance per Municipal Zoning Code Section
10.22, Subdivision 2 to permit the construction of a 6'xl4' Iakeshore deck
at the second story of the residence, subject to the following conditions:
1. Prior to application for a building permit for the proposed deck,
the 20'x20' concrete slab within the street yard shal 1 be removed.
,� . � 2. A1 1 structures within 75 feet of the shoreline of Lake Minnetonka,
specifically, gazebo, shed and portions of pool are considered non-
conforming struc�ures and subject to aIl pertinent ordinances; if such
structures are to be repaired/altered a conditional use permit must be
filed with the City.
3. 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
CounciT approvai, or this variance will expire on that date (October
12, 1988 ).
4. 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 shal 1 be punishable as a misdemeanor.
5. 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.
Adopted by the Orono City Council on this 12th day of October,
1987(.', ,
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ATTE T:
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or. thy M. llin, ity Clerk Ja s . Gra e c, a r
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Property Owner(s)
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STATE OF MINNESOTA ) '
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COUNTY OF HENNEPIN )
On t h i s � �' d a y o f �Z�(�2.VV�.��� , 19 8�
before me a tary Public ithin and for said county, personally
appeared ___�__�,C�YYICX..S �C"_�1e-i"�P��'
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.
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�����'MiNN�T� ' NOTARY PUBLIC
�N�°"���Na�a-s2
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MY COMMISSION EXPIRES
STATE OF MINNESOTA )
,)ss. "
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COUNTY OF HENNEPIN )"
On this / � � day of /�� , 198� before me
a �o ry ,Pub�ic within and for said County, personally appeared
' aet(Qti _ �,��p,r�yZ� 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.
" � � /�...�G�CI�`°'� �
� NOTARY PUBLIC
'[F1EIilESA L. NAAB
'�H NNEP N COUNTyrA
My aommisston expiras 9-8-92 ����
MY COMMISSION EXPIRES '
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