HomeMy WebLinkAboutResolution 5733 � .
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�,� ��,` G�' RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION DENYING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. 08-3340
WHEREAS, R. Prueter Mark and Jennifer A. Mark, husband and wife,
(hereinafter "Owners") are the owners of the property located at 3215 Crystal Bay Road
within the City of Orono (hereinafter "City") and legally described as: See Exhibit A
(hereinafter "the Property"); and
WHEREAS, Owners made application to the City to revise the average
lakeshore setack variance granted by Resolution No. 3327 for the lakeside deck to add a
pergola over the deck; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on January 22, 2008, at which times all.persons desiring to
be heard concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #08-3340.
2. The Property is located in the LR-1C zoning district, where 0.5 acre is the
minimum lot area and 100 feet is the minimum lot width. The Property is
approximately 0.25 acre in area and 47 feet in width.
3. The Planning Commission reviewed this application on January 22, 2008 and
on a vote of 6 - 1 recommended approval of the variance, based on the
following findings:
a. The proposed pergola will have little impact on the lake views from
adjacent properties.
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b. The pergola will provide shade for the deck.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments
by the applicants and the public, and the effect of the proposed variance on the
health, safety and welfare of the community.
5. The City Council finds:
a. The variance is not necessary to alleviate a demonstrable hardship or
difficulty with the Property.
b. The variance is not necessary to preserve a substantial property right of the
Owners.
c. Granting the variance would not be in keeping with the spirit and intent of
the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
1. Based upon the above findings, the Orono City Council hereby denies the
applicants' request to revise the average lakeshore setback variance for the
existing deck approved by Resolution No. 3327 to allow the addition of a
pergola over it.
Adopted by the Orono City Council on this l Oth day of March, 2008.
ATTEST:
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Linda S. Vee, City Clerk Ja s M. White, Mayor
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.- Lot 1, 131ock 2, Townsite of Langdon Park, Ilennepin County, Miiu►esota: �
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�l�at parl of Lot 1, Dlock 2, a��d of ti�at pact of Northern Avenue, uow vacateci, '1'ownsite of �
Langclon Yark, clescribed as folluws; to-wit: Coiunienciug a[ ll�e poii�t of intei�sectiott of [l�e �
Norlherly line of the riglri-of-way of the Grea[ Northern Railway Company will� tl�e Southerly
extension of lhe dividing liue between Lots 1 and 2 iu said I31ock 2, '1'ownsite of Langeion Yark;
thence Nortl�westerly along the clivicling line between said L.ots 1 aiid 2 and same extended, a
distanee of 213.14 feet; thenee Nortl�easterly cle[lecting right at au angle of 82055' from last x
described course, a dislance �F 180 feel to tl�e acwal poiut oF beginnii�g �f the tract of land to �
be described; thence continuing froui saiel acwal point of beginning Northeasterly on the �
extension of said last described line, a distance of GO feet; ll�ence Southeastecly in a straigiit line
263.2 feet to a point irt tl�e line of said rigl�t-of-way �f lhe Great Northern Railway Company,
which poinl is 14U feet N�rtlieasterly, rueasured aloi�g lhe Nortl�erly lir►e of said railroad riglit-
of-way, from the initial point of com�uencement; tlience Southwesterly alo��g said Northerly
cight-of-way line 35 feet; tlience Nortliwesterly in a straigh[ line 247.7 feet t� the actual poi��t �
of begintiit�g; ALSO includi���; all that part of Lot 1 in saicl I31ock 2 J}'1Rb' t)elWeell tlie �
Nortl�westerly line of the pretnises hereinaUove described aud tl►e sl�ore of I�lke Minnetoiilca, o
and belween tlie Northerly extension of tl�e Nortl►easterly au� Soulhwesterly sicle lines of tl�e �
preiuises hereinabove first describecl. z
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