HomeMy WebLinkAboutResolution 2279 f
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2279
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1
AND SECTION 10.23, SUBDIVISION 6 (B)
FILE #1184
WHEREAS, Gerald T. McCourtney (hereinafter "the applicant" ) is
the owner of the property located at 1055 West Ferndale Road within the
City of Orono (hereinafter "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 construction of bathroom, dinette, and
laundry room additions to the existing structure resulting in an increase
of 2.1% or 369 s.f. of hardcover v� thin the 75-250 feet lakeshore setback
area where only 25% or 3,968 s.f. allowed and a side setback variance of
13'3" feet for the bathroom addition that will encroach 1' 9" further into
the existing substandard yard area than the existing structure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #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.
Page 1 of 4
• City of ORONO
RESOLUTION OF THE CITY COUNCIL
0
NO. 2279
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 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono
City Council hereby grants variances per Municipal Zoning Code Section
10.22, Subdivision 1 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 automatically 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.
Page 2 of 4
l
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2279
CIT
OF
ORONO
Adopted by the Orono City Council on this 12th day of October,
1987
ATTE T:
i
Do thy M. allin, City Clerk Jame R. Grabek, Mayor
Property Owner(s )
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
® NO. 2279
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this 16th day of October 198 7
before me a Notary Public within and for said county, personally
appeared Kam McCourtney
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.
bA NOTARY PUBLIC
W
9/2/92
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN ) / -
On this 194 day of ��740 198 before me
a Yotary Public wit n and for said County, personally appeared
known to me to be the
persons) 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
�MNUNNMMA L. NAM
M A
MY COMMISSION EXPIRES
Page 4 of 4
EXHIBIT A
RESOLUTION sloe z2-79
M�
LEGAL, DESCRIPTION
That part of Tract B, Registered: Land' Survey Number!"1372,•Files of the
Registrar of Titles, Hennepin County, Minnesota, lying westerly of
following described line and its northerly and souther ly -extensions
.
Commencfng' at the northwesterly corner of said Tract B, . thence southeasterly.
along the northeasterly line -of said' •
Tract B:, ait
.dsance ••o•f 147.85 •feet• to. .
an iron monument• being -the point of .beginning of the-J tne..to .be described;
thence southerly.: deflecting to: the right. from the last• described course
, 11. minutes; 30 seconds a distance.•of;100, feet. to �an i'ron. ,
6t degrees `,• -
monument; - thence continuing soutfierl y-.on 'ttie. extension :of the� 1 ast:.described*
coµrse to the .shorelne of Lake. Minnetonka arid•••.said line there terminating. .
STATE OF MINNESOTA )
COUNTY OF M[NNSPIN )
CITY OF ORONO )
I Dorothy M. Bailin. City Clerk of the City of Orono. N*nnepin
County. Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said*City Council at a meeting of said City Council held
on October 12 , 1987 , and that the some is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Yitness Yhereof, I have hereunto set my hand and seal this
19th , day of October , 19887
thy M. 111n, City Clerk
MAW