HomeMy WebLinkAboutResolution 2504City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2504
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
FILE #1312
WHEREAS, William J. Lauer (hereinafter "the applicant") is the
owner of the property located at 3165 North Shore Drive within the City of
Orono (hereinafter "City") and legally described as follows:
See Exhibit A, attached (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.22, Subdivision 2 to permit the
construction of,an addition to the existing residence resulting in an
increase of 502 s.f. or 1.89% of new structural hardcover within the 75-
250' setback area where 7,748 s.f. or 29.9% of hardcover improvements exist
already and where only 25% is allowed.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1312.
2. The property is located in the LR -1B Single Family Lakeshore
Residential Zoning District requiring a minimum of one acre or 43,560
s.f. The subject property consists of 1.43 acres or 62,308 s.f.
3. The Orono Planning Commission reviewed this application on August
15, 1988 and recommended approval of the proposed variance as amended
based upon the following findings:
A) There is no hardcover within the 0-75' setback area.
B) The existing house is located 175' from the defined lakeshore
at the 929.4 elevation.
C) There are no excesses in hardcover within the 250-500'
setback area.
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.
Page 1 of 4
d city of ORONO
• RESOLUTION OF THE CITY COUNCIL
NO. 2504
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 applicant, but is necessary to alleviate a demon-
strable 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.
CONCLUSIONS, ORDER AND 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 2 to permit the construction of a major addition to the
existing residence resulting in an increase of 502 s.f. or 1.89% of new
•structural hardcover within the 75-250' setback area where 7,748 s.f. or
29.2% already exists and only 25% is allowed, subject to the following
conditions:
1. Prior to the issuance of a building permit by the City of Orono,
the following hardcover removals must be completed per the revised
survey by Bruce W. Grivna of Egan, Field & Nowak, Inc., Surveyors
dated revised September 1, 1988:
A) Within the 75-250' setback area: 400 s.f. of rock and
plastic landscaping located to the southwest corner of the
existing residence.
B) Within the 250-500' setback area: 120 s.f. of a steel shed.
'2. 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 (September
28, 1989).
3. 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.
• 4. The undersigned 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.
Page 2 of 4
•
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2504
Adopted by the Orono City Council on this 28th day of September,
1988.
ATT Ts.
r thy M. allin, Cit Clerk Jame R.
Property Owner s)
Page 3 of 4
�� i
That part of Government Lot I, Section 9, Township 117, North,,Range 23
. west of the 5th Principal Meridan described as commencing at a point
in the west line of said Government Lot distant 1160.8 feet North from
the Southwest corner of said Government Lot; thence East parallel with
the South line of said Government Lot a distance of 442.93 feet, passing
through a Judicial Landmark set pursuant to Torrens Case No. 11475;
thence South parallel with the west line of said Government Lot a dis-
tance of 102.5 feet; thence East parallel with the South line of said
Government Lot a distance of 211.0 feet, more or less, to the shore of
Lake Minnetonka to the actual point of beginning of the land being
described; thence West along the last described line to a point distant
442. 93 feet East of the West, line of said Government Lot and 958. 3 feet
North of the South line of said Government Lot; thence North a distance
of 102. 5 feet to the North line of the South 1160. 8 feet .of Government
Lot; thence West on the North line of the South 1160.8 feet of said
Government Lot a distance of 197.93 feet ( or to a point 245.0 feet East
of the West line of said Government Lot 1; thence. South parallel with
the West line of said Government Lot a distance of 175 feet; thence
Southeasterly, deflecting to the left 78 degrees 00 minutes, a distance
of 330 feet,' more or less, to the shore of Lake Minnetonka; thence
Northeasterly along the shore of .said Lake a distance of 180 feet, more
or, less,., to the point of beginning.
I*
0
City of ORONO
CITY
OF
ORONO
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
RESOLUTION OF THE CITY COUNCIL
NO. 2 A 21
On this 5th day of October , 1981
before me a Notary Public within and for said county, personally
appeared William J. & Clare M. Lauer. husband & 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.
•ERL. NAA9
MINNESOTA
HENNEPIN W ap� COUNTY
P P Pip~
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
9/8/92
MY COMMISSION EXPIRES
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.
NOTARY PUBLIC
MY COMMISSION EXPIRES
Page 4 of 4