HomeMy WebLinkAboutResolution 2344 � _
� �t
Cit� o� ORONO
• � RESOLUTION OF THE CITY COUNCIL
� NO. 2344
�
' � - • • .
A RESOLDTION GRANTIIdG
VARIANCES TO
L�iUNICIPAL ZONING CODE
SECTION 10.22, SIIBDIVISIOATS 1 (A) AND 2
FILE #1229
WHEREAS, Richard Hanson (hereinafter "the applicant") is the
owner of the property located at 3826 Cherry Avenue within the City of
Orono (hereinafter "City") and legally described as Lot 6 and 7, Crystal
Bay View, Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances to
Municipal Zoning Code Section 10.22, Subdivisions 1 (A) and 2 to permit the
construction of a three season porch and deck located 69 feet from the
lakeshore instead of the required 75 feet resulting in increases of
hardcover within the 0-75' setback area of 37 s.f. or .49� and within the
75-250' setback area of 192 s.f. or 1.3�. �
N06�1, THEREFORE, B$ IT RESOLVED by the City Council of Orono,
• Minnesota: � �
FINDINGS
l. This application was reviewed as Zoning File #1229.
2. The property is locat.ed in the LR-1C Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
December 21, 1987, and recommended approval. of the proposed variances
based upon the fo].Iowing findings: �
- A) The loss of a 200 year oId oak tree if ;porch is moved out of
the lakeshore protected area.
B) Location of house in relation to 75 feet lakeshore setback
Iine.
C) Need f or exterior access from three season porch.
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.
• Page 1 of 4
Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2344
�
' • � • •
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. �
CONCI�IISIOIdS, ORDER AND COPIDITIONS
Based upon one or more of the findings noted above, the Orono
City Council hereby grants variances per Municipal Zoning Code Section
10.22, Subdivisions ,l (A) and 2 to permit the construction of a three
season porch and attached deck located 69 feet from the lakeshore instead
of the required 75 feet resulting in increases of hardcover within the 0-75
• feet setback area of 37 s.f. or .49� and within the 75-250 feet -setback
area of 192 s.f. or 1.3$, subject to the fol lowing conditions:
l. The three season porch is to be redesigned so that sliding glass
doors are installed only on the south side of the structure. The
north and east sides of the porch shall be installed with window
sections.
2. The chimney/outdoor gril]. totaling 18 s.f. of existing � hardcover
within the 0-75 feet lakeshore setback area is to be removed prior to
the footing inspection for the new construction. �
3. Authorities granted with this resolution 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 approval wil 1 expire on that date
(January 11, 19 8 9 ). �
4. 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.
5. The undersigned applicant has read, understood arid 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 2 of 4
.
c�t� o� oR,oNo
• RESOLUTION OF THE CITY COUNCIL
� NO. 2344
�
' • � • •
Adopted by the Orono City Council on this llth day of January,
1988.
ATTEST: _
� �
� `
� . _ .
�/ ,. -
. . _ r. . _ .. .. . . _. . - - . _ . . . _ . .. .. . . . . .._ . .. . . . _
'bo othy M. H lin, City Clerk Jam s R. Gra , Mayor
� _ �j `
�
._ . ._. . .._ . . . .._ .. .. .. ._ _ . . .. .. _ ..
. . . _ .
roperty 0 ner(s)
•
�
. Page 3 of 4
�, , �
» , .
Cit� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
� NO. 2344
�
' • - • •
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
. On th i s p�d!�� d a y o f �JG�,YI (,L.Ck,{� , 19 8 0
before me a otary Public within and for said ounty, personally
appeared �," .� a� �. �' ��i'z4:s,�2.�1 /a. /�Ck� b@�
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.
� � '/�/�G�
THERESA L. NAAB NOTARY PUBLIC
NOTARY PUBLIC - MINNESOTA
• HENNEPIN COUNTY
�Ay commission exptras 8-8-92
9-��a
MY COMMISSION EXPIRES
STATE OF MINNESOTA ) �
)ss.
COUNTY OF HENNEPIN )
On this day of , 198 , before me
a Notary Public within and for said County, personal ly appeared
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.
NOTARY PUBLIC
�
� MY COMMISSION EXPIRES
�
Page 4 of 4