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Home My WebLink About#3735-variances-1996 . � , - � O ' v O O �e..- C ITY of ORONO � � �� ,'�' RESOLUTION OF THE CITY COUNCIL t9kESH�g'� NO. ii '�a � ��, A RESOLUTIOr GRANTING VARIA\CES TO I�IUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2, SECTION 10.��, SUBDIVISION 8, AI�'D SECTION 10.�6, SUBDIVISIOtiS 16(C&L) FILE #2143 WHEREAS, Diane Perez (hereinafter "the applicant") is o��ner of the property located at 346� Eastlake Street within the City of Orono (hereinafter "City") and le�ally described as follo�vs: That part of Lot 2, Block 8, Bayside Addition to Lake Minnetonka, Hennepin County, Minnesota, 1S-ing �vest of the east 200.00 feet (hereinafter "the property"); and �VHEREAS, the applicant has applied to the Cit�� for variances to Municipal 7oning Code Sections 10.22, Subdivision 2; 10.55, Subdivision 8; and 10.56, Subdivisions 16(L), and fiirther `�ariances to Sections 1022, Subdivision l; 10.5�, Subdivision 8; and 10.56, Subd. 16(C) to permit the reconstruction of the esisting roof over an 8'x9' portion of the existing residence, such reconstruction revising the roof line outside the existing envelope of the house located less than 75' from the lakeshore where a 75' lakeshore setback is nornially required, and constituting hardcover in the 0-75' zone where no hardcover is nonnally allo��-ed. NO�V, TH�REFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FIlV�DINGS 1. This application �vas revie«�ed as Zonin� File ff2143. ?. The property is located in the LR-lA, Sinale Fanlily Lakeshore Residential 7_onin� District. Page 1 of 5 � O� 0 0 ��b. - C ITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL t9kESH�4� NO. `e� "� � � 3. The Orono Pl�nning Commission re��ie�ved this application on June 17, 1996 and on a vote of 7 to 0 recommended approval of the proposed variances based upon the follo�r�inb findings: A. The proposal is to revise the existing shed type roof to a pitched roof more in keeping with the existing house. The revised roof line will enhance the integrity of the stnicture and will help it meet minimum energy code requirements. B. The proposed roof revision constitutes no additional hardcover on the property. There is no eatraneous hardcover on the propert5� �vhich can be removed. C. There is a hardship to the property because the entire lot is «�ithin 75' of the lake, ��here no hardcover or structure �vould norn�ally be allowed. D. The proposed roof revision has no impact on views of the lake enjoyed by neibhboring properties, and technically due to the location of the adjacent street, there is no avera�e lakeshore setback encroachment variance necessary. 4. The City Council has considered this application includin� the findings and recommendations of the Planninb Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and ��elfare of the community. 5. The City Council finds that the conditions eYisting on this property are peculiar to it and do not apply generally to other property in this zonin� district; that �rantinD the variance �vould not adversely affect traffic conditions, li�ht, air nor pose a fire hazard or other danger to neighboring property; �r�ould 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 �vould be in keeping ��ith the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 � o� 0 0 ��b..- CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. i3 °� �.� �, COi�'CLUSIO\'S, ORDER AND CONDITIO\TS Based upon the above findin�s, the Orono City Council hereby �rants variances to �Iunicipal Zonin� Code Section 10.22, Subdivisions 1 and 2; Section 10.��, Subdivision 8; and Section 10.56, Subdivisions 16(C&L) to pernlit the reconstruction of the roof over an e�isting 8'�9' portion of the house as proposed, subject to the follo�ving conditions: 1. Authorities granted by this variance run ��ith the property not �vith the applicants, but are permissive only and must be eaercised by application for a building permit ��ithin one year of the date of Council appro��al, or this variance ��ill expire on that date (June 24, 1997). ;. Violation of or non-compliance with any of the tern�s and conditions of this resolution shall constitute a violation of the zonin; code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. �}. The undersigned applicant has read, understood and hereby abrees 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. Adopted by the Orono City Council on this 24th day of June, 1996. AT ST: � '�� G � � . � �. othy M. � lin, City Clerk Ed��ard J. Ca;� ahan, Jr., Mayor � /^ � � � . � �_ � roperty O��ner(s C� Page 3 of 5 � o� 0 0 Qb .- CITY o� ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL �9kESH�4� rvo. 3 7 3 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acl:nowledged before me on this 24th day of June, 1996, by Ed��-ard J. Callahan, Jr. & 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. _�i��t--; .� /_�_r�- Notary Public y�- ''�: LINDA S.VEE ..� c"'� �; NOTAHY PUBLIC-��AINNESOTA °� °�:'`��'f�� HENNcPIN CQUNTY �;��,� My Co�mi;;ion Expires Jan.31,2000 Page 4 of 5 � O� O O �9s - C ITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL �9kESH�4� NO. i� p� � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) / On this �i� day of �/a.-r , 199 � before me a Notary Public within and for said county,personally a peared �J � a�r� �` �"e z, �'�� lcnown to me to be the person(s) described in and who executed the foreQoin� instrument, and acknowledged that he (they) executed the same as his (their) free actand deed. � � � - � � ,,.., LINDA S.VEE _ �� }��r-� ,.'�, C'.c=.��' ��'• NOTARY PUBUC-��11NNESOTA NOTARY PUBLIC � �� HEMNEPIN COUN7Y .�.�\,:{'�.o: �� '�.,.• My Commission Expires Jan.31,2000 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_ before me a Notary Public within and for said county,personally appeared �:nown to me to be the person(s) described in and who executed the foregoing instrument, and acicnowled�ed that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Pa;e 5 of 5 .