HomeMy WebLinkAboutResolution 2612 �. � .
Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
Q�
� NO. 2612
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� � A RESOLUTION GRANTING '
- VARIANCES TO
MiINICIPAL ZONING CODE
SECTION 10.22, SIIBDIVISIONS 1 & 2
FII.$ #1383
WHER$AS, Lillian Bonander (hereinafter "the applicant") is the
owner of the property located at 3200, North� Shore Drive within the City of
Orono (hereinafter "City") and legally described as follows:
.The East 57.75 feet of that part of Government Lot 1, Section 08,
Township 117, Range 23, Hennepin County, lying North of County Road
No. 51, (hereinafter "the property"); and
WHEREAS, the app licant has applied to the City for variances to
Municipal Zoning Code Section 10.22, Subdivisions 1 & 2 to permit the total
reconstruction of a lakeside deck that will encroach 7' beyond the average
lakeshore setback line (existing deck encroached 9' ), and requiring
approval of 297 square feet of additional, new structural hardcover within
• the 75-250' setback zone, resulting in overall hardcover at 35.16$ where
only 25� is allowed (existing hardcover is 3,580 s.f. or 35.44�).
NOW, THEREFORl3, BE IT RESOLVED by the City Council of Orono,
Minnesota:
� FINDINGS
1. This application was reviewed as Zoning File #1383.
2. The property is located in the LR-1B Single Family Lakeshore
Resi�dential Zoning District requiring 43,560 square feet or one acre
in area. The property consists of 28,580 square feet or .65 acres.
3. The Orono Planning Commission reviewed this application on March
20, 1989, and recommended approval of the proposed variances based
upon the following findings and hardships:
A) The location of the house on the property.
B) Unsafe condition of existing deck �structure and need for safe
access from residence structure at existing lakeside door.
C) Overal 1 improvement of substandard average lakeshore setback
and slight reduction in hardcover within 75-250' setback area.
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. Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
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� . NO. 2612 � _ .
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D) The new deck structure will no longer be located within the
10 ' side setback area along the west property line.
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.
• CONCLDSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono
City Council hereby grants variances to Municipal Zoning Code Section
10.22, Subdivisions 1 & 2 to permit the reconstruction of a lakeside deck
requiring a hardcover variance for additional hardcover of 297 square feet
� resulting in total hardcover of �3,552 square feet or 35.16$ where only 25$
is al lowed within the 75-250' setback zone, and the reconstructed deck will
encroach 7' beyond the average lakeshore setback line, subject to the
following conditions:
1. 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 (April 10,
1990 ) .
2. Violation of or non-compliance with any of the terms and
conditions of this variance shal 1 constitute a violation of the zoning
cade, shall automatically terminate any authority granted herein, and
, shal 1 be punishable as a misdemeanor. �
3. The undersigned applicant has read, understood and hereby agrees
to the terms of this resolution and on behalf of herself, her heirs,
successors and assigns, hereby agrees to the recording of this
• resolution in the chain of title of the property.
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c�t� o� oR,oNo :
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� RESOLUTION OF THE CITY COUNCIL
� NO. 2612 ;`
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- ' Adopted by the City Council of the City of Orono, Minnesota at a �
regu r meeting held on the lOth day of April, 1959.
ATTE : � �
_ � � :
o thy M. llin, City Clerk Jame R. Grabek, �
//�� " .. :
v-�->
Property Owner s .
STATE OF MINNESOTA ) �HN R. GERHARDSON ;
DTARY PUBUC-MINNESOTI�;
) s s. H�NNE IN COU 'F ,_ `
''�'- �r.�a�u��a�o: a
COUNTY OF HENNEPIN ) :.. _ . _ _. _... _
_ _._ _. _
,�
�.
The� foregoing instrument was acknowledged before me on this lOth .
day of April, 1989, by James R. Grabek & Dorothy M. Aallin, Mayor & City
• Clerk of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
� ��.�-��s✓
otary Public �-
/o/s/�y . �
My Commission Expires �
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' ~ ~ ^ RESOLUTION..OF THE CITY COUNCIL
� .
� N0. 2612
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�N R. OERHARDSON
STATE OF MINNESOTA ) NiDH��c�NE�TMTM
) s s. q,�Mi
COUNTY OF HENNEPIN )
On this /O day of � 198�
before me a ,�otary P blic within and�aid county► personally
appeared �[�J�.L�+�,.,, ��s���-�z���� .. 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.
���/��.�����-s�
� NOTA Y PUBLIC
•
1d�L�/�
MY COMMISSION EXPIR
STATE OF MINNESOTA )
)ss. �
COUNTY OF HENNEPIN )
On this day of , 198 , before me
a Notary Public within and for said County, personal 1y 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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