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Home My WebLink About#1775-variance-1985 �, • L . V� . ��:,�_:�� c�t� of oR,oNo RESOLUTION OF�THE ClTY COUNCIL �,� NO. 1775 � • ' • •y A RESOLUTION GRANTING A VARIANCE TO � MUNICIPAL ZONING CODE SECTION 10.22, SDBDIVISION 1 FILE #914 � WHEREAS , Richard C. Kauffmann (hereinafter "the applicant") has an interest in the property located at 2696 Ethel Avenue within the City of Orono (hereinafter "City'�) and legally described as follows: See Exhibit A, attached � WHEREAS, the applicant has applied to the City for a � variance to Municipal Zoning Code Section 10.22, Subdivision 1 to . permit construction of a new residence that will extend 17 feet lakeward, beyond the average lakeshore setback line of existing residence buildings on adjacent lots. NOW, THEREFORE, �BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS � l. This appiication was reviewed as Zoning File #914 . 2. The property is lacated in the LR-1C, Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 20, 1985, and recommended approval of the proposed average lakeshore setback variance for new residence based upon the following findings: ' A) The design of . the roof and the elevations of the roof will not create view problems for adjacent residences. B) The neighbors have noted for the public record their approval of the amended setback line. . C) The proposed improvement will not diminish sur- rounding property values. D) The applicant seek,s no other variances to construct new residence. • � Page 1 of 4 1 ; I " � �- c�t� o� oR,oNo � d �� . . RESOIUTION OF THE CITY COUNCIL � ,=,� � NO. 1775 . � � • � • � � . 4 . The City Council has considered this application including the findings and recommendations of the Orono � staff and the effect of the proposed variance 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 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 pre- serve 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. CONCLIISIONS, ORDER AND CONDITIONS , Based upon the above findings, the Orono City Council hereby grants a variance t.o the Municipal Zoning Code Section 10.22, Subdivision 1, to . permit the construction of a new residerice that will extend 17 feet lakeward, beyond the average lakeshore setback l.ine of existing residence buildings on ad-� jacent lots subject to the f ollowing conditions: 1. Applicant and future owner are hereby placed on notice that decks shall not be permitted along the Iakefront of the proposed residence that will extend beyond the approved , average lakeshore setback line. • 2. . Applicant or future owner must relocate current dock that encroaches eastern property owner's dock use area at the time .the dock is installed next year. The City will � approve no extensions to illegal dock in current use. ' 3. Applicant and current owner must submit a written state- ment to City upon application for a building permit stating . that they agree to remove existing residence prior to final inspection for new residence. . 4. Authorities granted by this variance run with the pro- - perty 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 (June 10, 1986). Page 2 of 4 -�� >>� Clt� of ORONO -.:;: : r: ;'';��:'y�j� RfSOLUTiON OF THE CITY COUNCIL � '�'�:: � NO. 1775 � , • • s � : 5. 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. 6. The undersigned applicant and owners �have read, under- stood and hereby agree to the terms of this resolution. Adopted by the Orono City Council on this lOth day of June, 1985. ATTE T: 0 othy M. llin, City Cle k . Mary C. Bu ler, Mayor om Frahm, ting Mayor � . Propert ' w r Property Owner Page 3 of 4 � , �'' . . �' �';I � � � . � ;,�;'; . I I I�'.�'. • . I �� ' I � C Ci.ty of ORONO . RESOLUTION OF THE CITY COUNCIL �^�'' � N0. 17 75 . �. �� • ' • • STATE OF MINNESOTA ) . ) ss. . COUNTY OF HENNEPIN ) On this (p '� day of ��tN� 1985 • before me a Notary Public within and for said county, personally appeared _ ,f2ic��y� �_��F-�,q��J known to me to be the perso�(s � described in and who executed the foregoing instrument, and acknowledged that he (ttiey) executed the same as his (their) free act and deed. � ' �•`"""''r. MICHAEL Oi°,o . :�—" � P• GAFFRON � NOTqpypUB��C�MtNNESOTq NOT RY PUBLIC MYC mm�saEP�COUNTy Phea Juna 11.1987 - J�� '/, /98 � � MY COMMISSION E?CPIRES STATE OF MINNESOTA ) � , . )ss. ' COUNTY OF HENNEPIN ) On this �p '� day of �unr� , 19.85, before me • a Notary Public within and for said County, personally appeared J �. ��q-r��/�vr,c},�n) k n o w n t o m e t o b e t h e person(s) described in and who executed the foregoing instrument, and acknowledged that he (t}iey ) executed the same as his (their) free act and deed. • :.i•�y' C :� ,�`;' M�CHqEL p +�, '� NOTARrPUB��c GAFFRON � NOTARY PUBLI � NF MJNNFSOTq MrcofimlNEP�COV arn„�un�r1'8� , �JUNLF �, �/ �� MY COMMISS ON EXPIRES � Page 4 of 4 . � � J 1 ♦ � . . . i�� RESOLUTIOI�T #1775' Exhibit A �Cert, No, 527180 (P.aalett) She Northveeter� 100 teet of iYact A, �xcept'thst pnrt thereof��ing 8crth�eatar�/ of a'liae dsi— , eribed ae follov�: Beginning at the most 8nsterl� eorner of 7�ict S; thenee Northeaeterly alans a line vhich if extsadad vould intsreect the .�ost Easterly corner of h�ect H, tn a point dietant'15 fost Sonth++esterl,7 fron said r�ost Eneter�j% corner of eeid•� Trsct B;.•thence deflectiag rlght to • point on the NorL�enster�y line of snid 7Yact � distent 5 test Southe�eterly froo sntd• moet Lnaterly corner of eald Tract H, and aaid line theie ending� Rogiatered Iead Slirvey No. 115� flles of Regi�trar of 2ltlear• � i Count� of }lennepin; ' • ' . ' �Cert. No. 5271F1 (Aanleti) •1�aet P, exeept i�at pert Lhareof�Sng Northwsierly of a line deserioed a• fa.LLove: Ba6lnning at the moat Eseterly corner of Trnet S; thenee Ncrtheaaterly,elong n line vhl.ch if extended vould intarsect Lhe wat Dsster]� eoraer of Tract B, to n ooint dietaat 15 teet So�thva�terly fron oeid sa�t �natrrlq corner of eaid 17act B; t�a�nce deflecting . right to e point on the 2:or�oestarly.line of Tn et � di�tAnt S feat Soutlwaater� from enid aost Eaeterly corner of aid � 1lnct B, end said line there ending, Regiatered :and Surveq No, llS, filen of Aegi�tsar ot Titles, Couat� of Neanepin; . ��a � . � l�I��l� . , � � � �� . . . . ` - �� _ , , � , � ,