HomeMy WebLinkAboutResolution 2474 � .. . . . .
. - d � �� . Cit �o� ORONO � � � �, .
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` `" RESOLUTION OF THE CITY COUNCIL
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� NO. 2474
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, A R$SOLDTION GRANTING
VARIANCES TO
� MONICZPAL ZONING COD$
� � SBCTION 10.22, SUBDIVISION 1 (B)
AND SBCTION 10.22, SIIBDIVISION 2
FILE #1207
. . .�•WH$RBAS, .Gene & Catherine Scan lon (hereinafter "the app licants")
are the owners of the property located at 2815 Casco Point Road within the
City of Orono (hereinafter "City") and legally described as follows:
Al 1 that part of Lot 120, Spring Park, and all the unplatted land and
that portion of Lakeshore Avenue, vacated, lying between Lot 120 of
Spring Park and the side lines of said lot projected to Lake
Minnetonka, according to the plat thereof on file or of record in
Hennepin County, Minnesota, which lies Northwesterly of a line running
parallel, with and distant 5' Northwesterly from the Southwesterly line
of said lot and the extensions thereof (hereinafter "the property"� ;
• and
WH$R$AS, the app 1 icants .have app 1 ied to the City f or variances to
� Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.22,
Subdivision 2 to permit the reconstruction of a lakeshore deck and shed
�installed under said deck located 24' from the shoreline of Lake Minnetonka
instead of ineeting the required 75' setback requiring a 51' or 68$ setback
variance, the lakeshore structural improvements result in 165 s.f. or 3.9$
of hardcover where no hardcover is allowed. The structures to be
reconstructed within the lakeshore yard of the property were destroyed in
the storm of July 23rd, 1987.
NOW, TH$R$FORE, B$ IT R$SOLVBD by the City Council of Orono.,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File �1207.
. 2. The property is located in the LR-1C Single Family Lakeshore
Residential Zoning District requiring a 1/2 acre in area. The
property consists of 14,228 s.f. or .32 acres in area.
3. The Orono Planning Commission reviewed this application on July
: 18, 1988, and recommendecl approval of the proposed variances based
; • upon the following findings:
A) The applicants have reduced hardcover within the 0-75'
. setback area by 84 s.f. or 2.1$, and within the 75-250' setback
� by 157 s.f. or 1.'6$.
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� � �::, � � Cit o� ORONO
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• : � RESOLUTION OF THE CITY COUNCIL
� �::`;� NO. 2474
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� B) The existing structures were removed as a result of a severe
storm that eroded the lakeshore bank and had nothing to do with
the improper maintenance of the sub�ect structures.
. C) There have been no substantial changes in the Code since 1975
when the LR districts and lakeshore standards were established.
In 1978, the City approved setback and hardcover variances for a
lakeshore deck located approximately 15' from the shoreline and
at 210 s.f. of hardcover.
D) The steep topography at 1:1 grades at the shoreline requires
special consideration for the residents of the property.
E) The app licant's physical limitation, as documented by his
personal physician's report, would prevent his ful 1 enjoyment of
his lakeshore property if the deck and shed were not restored to
the lower lakeshore elevations. '
; 4. The City Council has considered this application including the
: • findings and recommendations of the Planning Commission, reports by
; City staff, comments by the applicants 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 applicants, but is necessary to al leviate a demon-
,� strable hardship or difficulty; is necessary to preserve a substantial
� property right of the applicants; and would be in keeping with the
•' spirit and intent of the Zoning Code and Comprehensive Plan of the
�� City.
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�� CONCLIISIONS, ORDER AND CONDITIONS
� Based upon one or more of the findings noted above, the Orono
,� City Council hereby grants variances per Municipal Zoning Code Section
� 10.22, Subdivision 1 (B) and Section 10.22, Subdivision 2 to permit the
reconstruction of a lakeshore deck and shed installed under said deck
��' located 24' from the shoreline of Lake Minnetonka resulting in 165 s.f. or
:a 3.9$ of hardcover within the 0-75' setback area, subject to the following
'`:� conditions:
- l. In order to prevent undermining of existing� retaining wa'll
�� • structure, run-off from the roof of the shed must be directed away
from the grade level of the retaining wall and drained to either a
drainage structure already within the retaining wall or via an
independant drainage tile.
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RESOLUTION OF THE CITY COUNCIL
,'� NO. 2474
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2. Plantings must be provided adjacent to each of the retaining wall
levels to provide the necessary screening and groundcover
stabalization.
3. The applicants have agreed to remove 157 s.f. of existing
hardcover within the 75-250' setback area. Such hardcover removals
must be completed by June 30, 1989.
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 wil 1 expire on that date (July 25,
1989 ) .
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 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 title of the property.
Adopted by the Orono City Council on this 25th day of July, 1988.
ATT ST:
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. ' Do. o . Ha '- , City Cle Jam R. Grabek, ayor
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C��<�!1`�/
� Property Owner(s)
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�` � � � A � � . Cit o� ORONO
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• i;� ' RESOLUTION OF THE CITY COUNCIL
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``� N0. 2474
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 25th day of Julv ► 1988
before me a Notary Public within and for said county, personally
appeared Gene E. & Catherine Scanlon, husband and wife
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.
' • ��p�L. N�� NOTARY PUBLIC t
� �HENNEPIN COUN�
� . �,p oortwna�on�
�° 9/8/92
'}.� MY COMMISSION EXPIRES
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STATE OF MINNESOTA )
''i )ss.
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COUNTY OF HENNEPIN )
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�� On this day of , 198 , before me
,� a Notary Public within and for said County, personally 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.
��
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� NOTARY PUBLIC
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MY COMMISSION EXPSRES
Al
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