HomeMy WebLinkAboutResolution 2693 " . �.1� . . q . . . ., .. . . ...� ..,... .... .. .. . . . ..
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C�t� o� ORONO . �'
� RESOLUTION OF THE CITY COUNCIL
• NO. 2693
• ' • •
' A RSSOLDTION GRANTING
� VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1
• FII,$ #1430
WH$R$AS, David Morse of Morse Homes (hereinafter "the
applicant") is the owner of the property located at 4127 Oak
Street within the City of Orono (hereinafter "City") and legally
described as follows:
Lots 1 and 2, Block 5 and Lot 1, Block 4, Minnetonka Summit
Park Hennepin County, Minnesota (hereinafter "the
property"); and '
WH$R$AS, the app 1 icant has app 1 ied to the City f or a
variance to Municipal Zoning' Code Section 10.22, Subdivision 1 to
permit the construction of a 4 foot wide tram, deck area and
gazebo to be located in front of the average lakeshore setback
• line. -
NOW, THEREFORE, B$ IT R$SOLVED by the City Counci 1 of
Orono, Minnesota:
� FINDINGS
l. This application was reviewed as Zoning File #1430.
2. The property is located in the LR-1B Single Family
Lakeshore Residential Zoning District requiring 1 acre in ���'�
area. The property consists of � approximately 28,000 square
feet in area. .
3. The Orono Planning Commission reviewed this application
on August 21, 1989, and recommended approval of the proposed
variances as amended based upon the following findings:
A) The majority of the 75-250' lakeshore yard area is
located in front of the average lakeshore setback line.
B) The proposed location of the accessory structure in
relation to existing elevations provide no visual
impact for adjacent neighboring homes.
C) No hardcover variance is required for the proposed �
• deck located within the 75-250 ' setback area.
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Clt� o� ORONO . "
• RESOLUTION OF THE CITY COUNCIL
• NO. 2693
• ' • •
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.
CONCLUSIONS, ORDSR AND CONDITIONS
• Based upon one or more of the findings noted above, the
Orono City Council hereby grants variances to the Municipal
Zoning Code Section 10.22 , Subdivision 1 to permit the
construction of a 4 foot wide tram located within the 0-75'
setback area and an uncovered deck structure located within the
75-250' setback area, and denies the proposed gazebo, subject to
the following conditions:
1. The hardcover improvements proposed within the 250-500'
setback area exceed the allowed 1,166.4 square feet or 30�
with a total of 1,376 or 35�, the excess of 209.6 square
feet of hardcover shal 1 be credited against total hardcover
within 75-250' setback area now adjusted at 3,798 square
feet or 22.8$.
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 this
variance will expire on that date (September 11, 1990).
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 termi•nate any authority
granted herein, and shall be punishable as a misdemeanor.
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Clt� o� ORONO . �� :=
� RESOLUTION OF THE CITY COUNCIL
• NO. 2693 .
• • • • ,
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. .
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting field on the llth day of September,
1989.
AT ST:
• � Y
Dorothy . Hallin, City Clerk Jam s R. Grabek, Mayor
�.,6c� INc. -
roperty Owner s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this llth day of September, 1989, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
No ary Public "
� ` LAUR . SCHEfFLER
; NOTARY PUBLIC-MINNESOTA
�`��'`' '�X' HENNEPIN COUNTY
���.�,y� My commission oxpires6-8-93
. My Commission Expires
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Clt� o� ORONO . �;
� . RESOLUTION OF THE CITY COUNCIL
• NO. 2693
• - • • '
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On thi s day of � F,p�,/y1� .IQ� , 19 89
before me a otary Public within and for said county, p.ersonally
appeared known to me to be
the person(s ) descri ed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
• N TARY PUBL �U . SCHEFFLER
� NOTARY PUBLIC—MINNESOiA
� ��� `` HENNEPIN COUNTY
'k�r My commi�oion�xpires6-8-93 �
V
:J'e,'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, 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 �
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