HomeMy WebLinkAboutResolution 2345 ;� _ _
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C�t� of ORONO
� � RESOLUTION OF TH.E CITY COUNCIL
� NO. 2345
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. �i RESOLIITION GRANTING
VARIANCES TO
MiJNICIPAL ZONING CODE •
SECTION 10.22, SIIBDIVISIONS 1(B) AND 2
FILE .#1230
WH$RE�S, Raymond and Susan Johnson (hereinafter "the
applicants") are the owners of the property located at 2670 Pheasant
Road within the City of Orono (hereinafter "City" ) and legally
described as Lot 21, Pheasant Lawn, Hennepin County, Minnesota; and
WH$REAS, the applicants have applied to the City for
variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B)
and 2 to permit the construction of a three season porch and deck
addition to the existing residence that would encroach the average
lakeshore setback line and require approval of an excess of hardcover
to be maintained at 34.4� within the 75-250' setback area.
ATOW, T�ERLFOR$, BB IT R$SOLV$D by the City Counci 1 of Orono,
Minnesota:
• FIIdDINGS ,
1. This application was reviewed as Zoning File #1230.
2. The property is located in the LR-1B 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 following findings:
A. The location of the subject house on the property screens
the entire addition from neighboring property on east,
technically the most affected by encroachment.
B. Plantings along east side of patio area provide year
around screening for property to the east.
C. The neighboring property owner on the west, the property
to sustain and experience most visual impact from new
construction, has submitted a letter approving the proposal.
D. There is no increase in hardcover as applicant will
remove equal amount of existing hardcover to match new
structural hardcover from proposed improvement.
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C�t� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2345
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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 general ly 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.
CONCLIISYONS, ORDBR AND CONDITIOI�S
• Based upon one or more of the above findings, the Orono City
Council hereby grants variances to the Municipal Zoning Code Section
10.22, Subdivisions 1(B) and 2 to permit the construction of a three
season porch and deck addition to the existing residence that would
encroach the average lakeshore setback line and to maintain an excess
of hardcover within the 75-250' setback area at 34.4$, subject to the
following conditions: �
l. Per the survey by Mark S. Gronberg, revised January 4, 1988,
all hardcover scheduled for removal must be completed prior to
the footing inspection for new structure.
2. Authorities granted by 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 these variances wil 1 expire on
that date (January 11, 1989).
3. Violation of or non-compliance with any of the terms and �
conditions of this variance shall constitute a violation of the
zoning code, shall automatical ly terminate any authority granted
herein, and shal 1 be punishable as a misdemeanor.
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C�ty� o� ORONO �
• RESOLUTION OF THE CITY COUNCIL
�� NO. 2345
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4. The undersigned applicants have read, understood and hereby
agree to the terms of this resolution and on behalf of
themselves, their heirs, successors and assigns, hereby agree to
the recording of this resolution in the chain of tztle of the
property.
� Adopted by' the Orono City Council on this llth day of
Jan ry, 1988.
ATT T:
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D othy . Hallin, City Clerk Jam s R. Gra e , Mayor
. G C
Property Owne (s )
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c�t� o� oR,oNo
� RESOLUTION OF THE CITY COUNCIL
� NO. 2 345
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On t h i s �J�� d a y o f (,t,� (i�(.G�.�� , 19 8lJ
befvre me a Notary �Public within and or said co�nty, personally
appeared C�Ot-I'� �, ���'i hSf9"�
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.
� • • d�?2� QG��—
NOTARY PUBLIC
• THERESA L. NAAB .
• NOTARY PUBLFC-MINNESOTA
�"«""�«"�°�"�92 ��_90�
MY COMMISSION EXPIRES
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STATE OF OTA ) -
�Y���—ss.
COUNTY OF H
On this �-� day of , 198�; before me
a Notary P ic withi an for aid unty, personal ly appeared
known to me to be the
person(s) desc bed in d who executed the foregoing instrument,
and acknowledged th he (they) executed the same as his
(their) free act and deed.
, , . ,ti ,� N PUBLIC
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� ,, ,.�_ �_ My Commission Expires Oct 19, 1990
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� � � MY COMMISSION EXPIRES
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