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Home My WebLink AboutResolution 2322 i 1, �_;� ' a� Clt� o� ORONO . • RESOLUTION OF THE CITY COUNCIL � NO. 2322 , � ' • - • • A RESOLIITION GRANTING VARIAPiCES TO MONICIPAL ZONING COD$ SECTION 10.22, SIIBDIVISIONS 1 & 2 FILE #1225 WHEREI�S, James H. Gilbert (hereinafter "the applicant") is the owner of the property located at 955 Tonkawa Road within the City of Orono (hereinafter ."City") and legally described as follows: Lot 5, Block l; Vasa Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22 , Subdivision 1 to permit the construction of a deck and gazebo, both to be located closer to the Iake shore than the average distance from the shoreline of existing residence buildings on the two adjacent properties, where no such encroachment is normal ly al lowed; and 'a variance to Section 10.22, Subdivision 2 to al low addition of hardcover on the property in excess of the 25� hardcover • normally allowed in the 75-250' I.akeshore setback zone. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FIA]DINGS 1. This application was reviewed as Zoning File #1225. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on November 16, 1987, and recommended approval of the proposed variances based upon the following findings: A) The location of the house to the north is such that any addition or reconstruction on the lakeshore side of applicant's residence would require an average lakeshore setback variance. . B) The layout of neighboring houses in relation to lake. views, the topography, existing screening, and the location of neighboring houses are all factors which combine to indicate that there will be no encroachment on actual Iake views enjoyed by either neighboring property. • Page 1 of 4 o� ' Cit� of ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2322 � ' • - • • C) There is no extraneous hardcover on the property that can be feasibly removed to compensate for the hardcover additions. The 90' setback from the lake to the proposed structures contains virtually no pre-existing hardcover. 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 variances 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. CONCLIIS�ONS, ORDER AYdD CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 1 to permit the construction of a deck and gazebo located closer to the shoreline than the defined average lakeshore setback � line for the property; and grants a variance to Section 10.22, Subdivision 2 to allow 27.9� hardcover in the 75-250' lakeshore setback zone where only 25� hardcover is normal Iy al Iowed, subject to the following conditionss 1. The average lakeshore setback encroachment is limited to 64' as shown on the site plan attached hereto as Exhibit A. 2. Hardcover allowed in the 75-250' zone is limited to 27.9� ( 9,759 s.f. ) as follows : House and attached garage = 5,017 s.f. Retaining wall = 25 s.f. Stairs in yard = 30 s.f. Concrete & asphalt driveways & sidewalks, entryways, stoops, etc. as shown on Exhibit A attached = 3,217 s.f. • Proposed deck = 1,110 s.f. Proposed patio = 240 s.f. Proposed gazebo = 120 s.f. . TOTAL 9,759 s.f. , Page 2 of 4 ;. :.�.• - cit� o� oR;oNo • RESOLUTION OF THE CITY COUNCIL � NO. 2322 � ' • - • • . Applicant is advised that any future proposals to increase hardcover on the property will not be approved but may be approved in conjunction with concurrent removals of existing hardcover on the property. 3. Applicant is advised that the gazebo, if constructed, must be at Ieast 10' from the side property line, and if the proposed chain link fence is constructed, it may not exceed 42" above grade and may not continue into the 75' lakeshore setback zone per current zoning code regulations. 4. Authorities granted with this resolution run with the property not with the applicants, 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 (December 14, 1988 ). 5. 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. 6. 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. Adopted by the Orono City Council on this 14th day of December, 1987. ATT ST: , ' ! � � . , „ - � � othy M allin, City Clerk Jame R. Grabek, Mayor ��c�� . �--� Prop rt Owner(s ) � Page 3 of 4 ._,. �.. clty o� oR,oNo � `� RESOLUTION OF THE CITY COUNCIL ` � NO. 2322 � " • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) , � d a o f �C'e-F'1'1� , 19 8 / On this ��Q y _ before me a otary Public w'thin and for said county, personalYy appeared � known to me to be the person(s) des ribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. s �� THERE8A L NAAB NOT RY PUBLIC �� B��MINNESOTA MY�mmEaaPiorivexpi�resN9 SYs2 • �'-�-9a MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. � COUNTY OF HENNEPIN ) On this � 9 `� day of ��h�a-ry , 198 g, before me a Notary Public within and for said County, personal ly appeared �`1 Gi,rn es I� . ('�, �lhe�� 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. � NO ARY PUBLIC Patrtcia L. Petersun '' VOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY �_/�— 9� My commission exptres 7-15-93 MY COMMISSION EXPIRES ' � Page 4 of 4 � p\�.`> . V Y/ V.�' . y �.t+. �. 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