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Home My WebLink AboutResolution 2080 � '� , � • , � - �-, � � c�t� o�� oR,oNo � � �d��y � `�. � .. h ,� .� ..: . . RvH .n `�' °'�� RESOLUTION OF THE CITY COUNCIL � �F�• � s�� N0. 2�8� ��-��.; �;.a%. ''��:��. .;�:�.. � '. � .� � .�. A RESOLDTION GRANTING A VARIAAiCE TO MUNICIPAL ZONING CODE SECTION 10.22, SOBDIVISION 1 & 2 AND 10.55, SQBDIVISION 8 FILE �1085 WH$R$AS, Richard E. Brown (hereinafter "the applicant") is the owner of the property located at 1245 Sixth Avenue North within the City of Orono (hereinafter "City") and legally described as foYlows: A11 that part of Lot 1, "Auditor's Subdivision Number 291, Hennepin County, Minnesota" lying South of a straight line drawn para].lel with and 366 feet North of, measured at right angles to, the South line of Section 26, Township 118, Range 23; East of a � straight line drawn parallel with and 725 feet East of, measured � at right angles to, the East I.ine of the West � of the Southwest •- 1/4 of Section 26, Township 118, Range 23, and the same extended; ' and West of a straight line drawn para11e1 with and 1,055 feet East of, measured at right angles to, the East line of the West � of the Southwest 1/4 of Section 26, Township 118, Range 23, and the same extended, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivisions 1 & 2 and Section 10.55, Subdivision 8 to construct a stairway structure within the 0-75' lakeshore setback zone, constituting structure and hardcover where no structure or hardcover is normally allowed, and requiring an average lakeshore setback variance. NOW, THEREFORE, B$ IT RESOLVI3D by the City CounciY of Orono, Minnesota: FINDINGS . , 1. This application was reviewed as Zoning File #1085. 2. The property is located in the LR-lA Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 20, 1986, and recommended approval �of the proposed • variance based upon the following findings: A) The proposed stairway will be located on a slope averaging .about 55�, too steep to be safely traversed without some type of stairway. Page 1 of 4 . � , . ��g� - � Cit o� ORONO d ��r�.� � • ., •�••A'• A,_ ��'"5, ;; RESOLUTION OF THE CITY COUNCIL �FS �w 2080 �;��, NO. • - • �;: B) The topography of the site is such that a stairway heading straight down to the lakeshore without prependicular landings would likeYy require unusual excavation and construction techniques and is not reasonabYy feasible. C) Existing mature trees W�ii serve to partially screen the stairway structure from the lake. D) The stairway with the proposed perpendicular Yandings wi1 1 provide a safety stop should anyone trip or fall on the stairway. E) The proposed lighting fixtures integrated within the stairway Wii i point downward and w�ii serve a safety purpose while not causing a nuisance to the neighbors. � • F) The proposed stairway and the existing pumphouse comprise a total of 2.6� hardcover in the 0-75' lakeshore . setback 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 pecuYiar 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 appYicant; and would be in keeping with the spirit and intent of . the Zoning Code and Comprehensive Plan of the City. CONCLIISIONS, ORDB1t AND CONDITIONS Based upon the above findings, the Orono City CounciY hereby grants a variance to the Municipal Zoning Code Section 10.22, � Subdivisions 1 & 2 and Section 10.55, Subdivision 8 to permit the constructon of a stairway within the 0-75' lakeshore setback zone where no structure is normally allowed, and which structure Wii1 � increase the hardcover in the 0-75' lakeshore setback zone to 2.6$ , where no hardcover is normally allowed, and which structure encroaches into the average lakeshore setback where no encroachment is normally allowed, subject to the fol lowing conditions: Page 2 of 4 � . �C � f . , � ;ay c�t� o� oR,oNo s .. �.: � RESOLUTION OF THE CITY COUNCIL �' ' 2080 �; N O. • _ • :, 1. Structure and hardcover in the 0-75' �akeshore setback zone is limited to the stairway and existing boathouse, comprising a total of 664 square feet of hardcover, or 2.6�. No additional hardcover variance is granted with this approval. Applicant is advised that future requests for hardcover within the 0-75' zone w�1 1 not be approved, and might be approved only with concurrent removal of equivalent amounts of existing hardcover. 2. The stairway structures sha11 conform to the approved plans. The canopy struct�ures shown on the plans shall be omitted. A building permit must be obtained prior to commencement of construction of the stairway. 3. 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 Counci 1 approval, or this variance W�1 i expire on • that date (November 10, 1987). 4. Violation of or non-compliance with any of the terms and , conditions of this variance shall constitute a violation of the zoning code, shal 1 automatically terminate any authority granted herein, and sha11 be punishable as a misdemeanor. 5. The undersigried 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. . Adopted by the Orono City Council on this lOth day of November, 1986. � ' . ATTEST: � � D thy M. liin City C1erk Ma C. Bu , M�.yor Prope y Ow r s) • Page 3 of 4 , r � ,� _ j� • �� - � CitY o� ORONO 1, +k V �r;. � � '°�1 `�y RESOLUTION OF THE CITY COUNCIL �.?:;:�: . ��',�'�L; NO. 2080 • - � �.; STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN. ) On this �d � day of �,�-Q/� , 1986 before me a Notary Public within an for said county, personally appeared �u p..� /��,c9� - known to me to be the person(s) desc ibed n and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. • ,. - C�G� NOTARY PUBLIC . 4 NAAB • w.�.w.�..�..��T� � �8"- �c� MY COMMISSION EXPIRES STATE OF MINNESOTA ) � )8s. . COUNTY OF HENNEPIN ) On this jq '��' day of �11ov��..,,�� , 1986 , before me ' a Notary Public within and for said County, personal ly appeared �� ,a��l F_ t��ow h known to me to be the - person(s) described in and who executed the foregoing instrument, and acknowleclged that he 'rt�iey) executed the same as his ��t-3�e�r) f ree act and deed. � x � f � ,� ';�..�;� DONNA M.HALL. �'J. /`�/� _ �1s�_�_`'1��'� NOTARY PUBUC-MINNES4TA NOTARY P LIC �'%' ANOKA COUNTY My Commission Expires Nov.19,1990 x � ��s-� � . ' MY COMMISSION EXPIRES � ` Page 4 of 4