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Home My WebLink About#3472-variances-1994 � ��' CITY of OROI�TTO O .� O . '�� RESOLUTION OF TI� CITY COUNCIL � ��'�` � � � No. 3 4 `7 � _ :a�;'�' ti ,�, � �, " Gti ��kEsS�¢� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1, SECTION 10.55, SUBDIVISION 8, SECTION 10.56, SUBDIVISION 16 (C) AND SECTION 10.25, SUBDIVISION 6 (B) FIL� �1961 WHEREAS, Warren Paschke (hereinafter "the applicant") is owner of the property located at 3349 Crystal Bay Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 10, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1,_Section 10.55, Subbdivision 8, and Section 10.56, Subdivision 16 (C) to allow replacement of a deck and railing located lakeward of the average lakeshore setback line and less than 75' from the shoreline; and a variance to Section 10.25, Subdivision 6 (B) to allow such deck and railing to be replaced at a location 7.3' from the side lot line where a 10' side setback is normally required. NOW, THEREFORE, BE IT RESOL�ED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1961. 2. The property is located in the LR-1C, Single Family Lakeshore Residential Zoning District. Page 1 of 5 c,�s�ics au^ �' ��' CITY of ORONO O , O �r�,��-�� RESOLUTION OF THE CTI'Y COUNCIL � �� , _ � No. 34 "72 � � , `,�� ti � �t9�,, � �og�G Es8 3. The Orono Planning Commission reviewed this application on September 19, 1994, and recommended approval of the proposed variances based upon the following findings: A. A deck and railing have existed at this location for more than four decades. B. The deck and railing to be replaced are located 7.3' from the side lot line where a 10' side setback is required, and 65' from the shoreline where a 75' setback is normally required, and located lakeward of the average lakeshore setback as defined by neighboring residence structures. C. Replacement of the deck does not constitute a new encroachment into the side or lakeshore setbacks nor does it create a new view encroachment for neighboring properties. D. The proposed replacement does not constitlite new or additional hardcover on the property, although the existing hardcover is in excess of the zoning district limits in each zone. 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 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 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. Page 2 of 5 Fam 5005 DisN Orr. . t �' ��' CITY of ORONO ' 0 .;,� O '�:��-�> � RESOLUTION OF THE CITY COUNCIL � � � ��';�`� ti No. 3 4 "7 � ,4_ ti �, �� G ��E og� SH CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivision l; Section 10.55, Subdivision 8; Section 10.56, Subdivision 16 (C) to allow replacement of a deck and railing located lakeward of the average lakeshore setback line and less than 75' from the shoreline; and a variance to Section 10.25, Subdivision 6 (B) to allow such deck and railing to be replaced at a location 7.3' from the side lot line where a 1Q' side setback is normally required, subject to the following conditions: 1. Applicant's contractor shall obtain a building permit and pay the standard penalty fee for work starting without a permit, prior to continuing work on the deck. 2. Authorities granted by this variance 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 this variance will expire on that date (September 26, 1995). 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 misdemeanora 4. The undersigned applicant has 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 3 of 5 , v�,soas o�sw c� . � ��' CITY of ORONO O � O ,��.-�� RESOLUTION OF THE CITY COiJNCIL � '�''��'� ti No. 3 4 7 2 �� f" � , G �9kE8�I��'`� Adopted by the Orono City Council on this 26th day of September, 1994. ATT ST: , orothy M. a lin, City Clerk Edward J. Call an, Jr., Mayor �j1�liC/�I��d(i��iC./� ' � � c''�m��-`�2.�_ v Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument �was acknowledged before me on this 26th day of September, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � ��c�� ,�- '�-2— - LINDA S. VEE Na�ry public � NOTARY PUBUC - MINNESOTA HENNEPIN COUNTY My comrnisslon expires &12-96 Page 4 of 5 Form 5005 Dm ' ' : „ ► �' O�' CITY of ORONO O �: O �� RESOLUTION OF THE CITY COUNCIL �;T�� S+ 4 � � � � � ,,��. � No. 3 ti ��9. �� ' ¢�G kEsSo STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) On this ��„�J day of SP i� Prn ,�� , 199�before me a Notary J P115('�i I'CPi ma rr�P Public within and for said county,personally appeared I�,rr.�.� 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. CAROLE A. HASEMAN ��/�� TpRy p�g��('�.�MINNESOTA � �' HENNEPIN COUNTY - MY CCMM�SSION EXPIRES&2196 NOTARY PUBLIC STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this ��rl day of � ` . r , 199� before me a Notary Public within and for said county,personally a peared , , �P D• � � known to me to be the person(s) described in and who execuied the foregoing instniment, and acknowledged that he (they) executed the same as his (their) free act and deed. - CAROLE A. HASEMAN �� NOTAAY PUBLI�MWNESOTA � .J/'J„/y�� HENNEPIN COUNTY �+�'��+��or+�"��°8 NOTARY PUBLIC Page 5 of 5 � �orm 5005 ask�J: