HomeMy WebLinkAboutResolution 3196 ��.� '� �
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��� ��'�' ' RESOWTION OF THE CITY COUNCIL
�kESH�g' NO. 319 6
A R$SOI�DTION GRANTING
A VARIANCE TO MIINICIPAL ZONING CODE
SECTION 10.22, SIIBDIVISION 2
FILE #1770
WHEREAS, William G. and Lori Cornelius (hereinafter
"the applicants") are owners of the property located at 960
Tonkawa Road within the City of Orono (hereinafter "City" ) and
legally described as follows:
refer to Exhibit A enclosed, (hereinafter "the property") ;
and
WH$REAS, the applicants have applied to the City for
variances to Municipal Zoning Code Section 10.22, Subdivision 2
to permit the construction of a new residence and a grade level
• lakeside pool to be installed in front of the average lakeshore
setback line where no such encroachment is allowed by ordinance.
NOW, THEREFOR$, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
. FINDINGS
1. This .application was reviewed as Zoning File #1770.
2. . The property is located in the LR-1B, Lakeshore
Residential Zoning District requiring one acre in area.
The subject property consists of 2.8 acres.
3. The Orono Planning Commission reviewed this application
on October 19, 1992, and recommended approval of the
proposed variances based upon the following findings:
A. The lakeshore lot has an unusual shape with
600+ lineal feet of curved shoreline area.
B. The house would have to be set back 270' if it was
to meet the average lakeshore setback line for the
property.
C. Over one-third of the 2.8 acre parcel is located
within the 0-75' setback area.
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��� ��,'�' RESOLUTION OF THE CITY COUNCIL
�kESH�4 NO. 319 6
4. 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 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.
5. 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 variances on the
health, safety and welfare of the community.
CONCLIISIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono
City Council hereby grants variances to Municipal Zoning Code
Section 10.22, Subdivision 2 to permit the construction of a
principal structure and grade level pool, subject to the
following conditions: '
l. Upon application for a building permit, applicant must
provide detailed grading and drainage plans for both
principal structure and pool. No land alterations will
be allowed within the lakeshore protected area.
2. Applicant is to obtain demolition permit for removal of
principal and accessory structuresfrom the City prior
to razing of structures.
3. Authorities granted by this resolution run with the
� property not with the applicant, but are permissive
only and must be ex�ercised by application for a
building permit within one year of the date of Council
• approval, or this variance W�ii expire on that date
(November 9, 1993 ).
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
�k'ESH�g' Np, 319 6
4. Violation of or non-compliance with any of the terms
and conditions of this variance shall constitute a
violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be
' punishable as a misdemeanor.
5. The undersigned applicants have read, understood and
hereby agrees 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 City Council of the City of Orono,
Minnesota at a regular meeting held on the 9th day of November, �
• 1992.
AT T:
D othy . Hallin, City Clerk Barbara A. Peterson, Mayor
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Property Owner s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 9th day of November 1992, by Barbara A. Peterson & 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. �
• �; . LINDA S. VEE
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NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY Nota y Public
- My commission explres&12-98
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'�' RESOLUTION OF THE CITY COUNCIL
�L`9k'E 04"�� NO. � 319 6
SH
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ��`� day of `��c�2e�/ , 199�
before me a Notary Pub ic within and for said county, personally
appeared /,c.)��� ,�- �'�-� -d�iha.�.�u�- � known to me to be
the person(s) described in and who executed the foregoing
instrument, and acknow ledged that he (they) executed the same as
his (their) free act and deed.
• �Mt JAMIE L BOSMA -
s'° ` � M4TARY PUBUC-MINNESOTA
• /H��E�NNN��IINC0111NTY(�n NOTA PUBLIC
S�MM �{/NIIIII.��1����7'D�
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STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 199 , 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
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• � RESOLUTION #3196
_ EXHIBIT A
LEGAL DESCRIPTION: !
That part of Lot 19� Auditor's Subdivision No. 217, Hennepin County, Minnesota, Lying
easterly of the easterly line of the �lat of Partenwood� according to the plat thereof on
file or of recordin the office of the Registrar of Deedsin and for said County.
ALSO
Lot 18, and that part of Lot 17� Auditor's Subdivision No. 217, i-lennepin County� �
Minnesota, which lies northerly of the foi(owing described line and its extensions: �
Commencing at the point of intersection of il�e northeriy line of Tract A, Registered �
Land Survey No. 617, files of Registrar of Titles, Counfy of Hennepin,�and the
northeasterly line of County Road No. 135; thence North 23 degrees 20 minutes West
a(ong said northeasterly line of said County Road No. 135 and its northwestetiy
extension a distance of 171.35 feet to the actual point of beginning of the line to be
described: thence North 83 degrees 35 minutes East to the shore of Lake Minnetonka
and said line there ending. . � �
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