HomeMy WebLinkAbout#5733-denying variance-2008 � .
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- ��g CITY of ORONU
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�'� �� G�' RESOLUTION OF THE CITY COUNCIL
��kESII04� NO. � 7 � ,�
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
L This application was reviewed as Zoning File #08-3340.
2. The Property is located in the LR-1 C 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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-��a :� CITY of ORONO
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�� � ', G'�' RESOLUTION OF THE CITY COUNCIL
��kESI3�g'� NO. � 7 ��—
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
l. 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:
��yuG�- � �/�-�— ��- ��-7 ��c. ..�`e,
Linda S. Vee, City Clerk Ja s M. White, Mayor
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- Lot 1, 131ock 2, Townsite of Langdon Park, Iiennepin County, Mi�uiesota: �
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'Tl�at part of Lot l, IIlock 2, aud of ti�al part of Nortt�ern Avenue, now vacalecl, '1'ownsite of �
Langclon Yack, described as folluws; to-wit: Couu»encit�g a t l l i e p o i n[ o f i n t e t�s ectiott of the �
Norlherly line of tl�e riglit-of-way of the Great Northern Railway Con�pany with the 5outherly
exlensio» of lhe dividing line between Lots 1 anc12 in said I�lock Z, '1'ownsite of Langdon Yark;
thence Northwesterly along tt�e clivicling line belween said Lots 1 and 2 and sa►ue extended, a
distance of 213.14 feet; thence Northeasterly cle[lecting right at an angle of 82055' from last � �
desccibed course, a distance �F 180 feet to tl�e actuat poiut of beginning of tl�e tract of land to �
Ue described; thence contiuuing froul saicl actual poi��t of beginning Northeasterly on the �
extensioi� of said last describecl line, a distauce of GU fee[; tl�ence Southeasterly in a straigiit line
263.2 feet to a point in the litie of said rigl�t-of-way of tlie Great Northern Railway Company,
which poinl is 140 feet Northeasterly, n�easured aloi►g the Norlherly line of said railroad right-
of-way, froin the iuitial point of cou�uienceiuent; lhence Southwesterly along said Northerly
right-of-way line 35 feet; thence Northweslerly in a straigtit line 247.7 feet to tl�e actual point �
of beginliing; ALSO includiug all that part uf Lot 1 in saicl I31ock 2 lyiug betweeii tt�e �
Northwesterly line of ihe premises l�ereivabove described at�d tl►e shore of L�►ke Minneto�ika, o
anci between tlie Northerly exlension of tl�e Norll►easterly au� Southwesterly sicle lines of tl�e �
preiiiises heceinabove first described. z
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