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Home My WebLink AboutResolution 2721 *: ., �a � - . � ' �14� C�t o� ORONO ..�--- ° ;,:�;a �' __, • . ' � � � � RESOLUTION OF THE CITY COU � NO. 2721 �� - • • J�� A RESOLIITION GRANTING �� VARIANCES TO ` n�} ' MiJNICIPAL ZONING COD$ � �'f"� SECTION 10.22, SIJBDIVISIONS 1 & 2 FII,$ #1464 WHER$AS , Charles E. Nadler. (hereinafter � "the applicant") is the owner of the property located at 2509 Relly � Avenue within the City of Orono (hereinafter "City") and legally described as follows: Tract B, Registered Land Survey #1428, Files of the Registrar of Titles , Hennepin County, Minnesota . (hereinaf ter "the property"); and WH$REAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 & 2 to permit the construction of additions to the existing residence, which additions extend lakeward of the average lakeshore setback line where no encroachment is normally allowed, • and which result in hardcover on the property of 29.3� in the 75- 250' lakeshore setback zone where only 25� hardcover is norma].ly' allowed. . NOW, THER$FOR$, BE IT RESOLV$D by the City Counci 1 of Orono, Minnesota: ' FINDINGS 1. This application was reviewed as Zoning File #1464. 2. The property is located . in the LR-1B Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 16 , 1989 , and recommended approval of the proposed variances based upon the fol lowing findings: A) The average lakeshore setback variance is necessary because the residence structure to the immediate north of this property is located approximately 250' from the shoreline, with the frontage on an inlet channel but � no existing views of the main lake. Further, the proposed additions will be no closer to the shoreline . than the existing house. � � Page 1 of 4 �� d-.�. .^ . _ Clt� o� ORONO • � RESOLUTION OF THE CITY COUNCIL Q� � � , NO. 2721 . � - • •. � B) The increase in hardcover f rom 2 9.1� to 2 9.3$ in the 75-250' zone is justified by the fact that areas of hardcover on the lake side of the house will be removed in favor of additions on the street side of the house. Also, the low percentage of hardcover in the 0-75' zone (1.3$) and the relatively ].arge area of the 0-75' zone, tend to minimize the impact of the slight hardcover increase. Also, applicant is concurrently removing excess unnecessary hardcover in the driveway and planter box areas in order to minimize the hardcover increase. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally • to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLIISIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 & 2 to permit the construction of additions • to the existing residence, which additions encroach past the average lakeshore setback line where no encroachment is normally allowed and to allow an increase in hardcover from 29.1� to 29.3$ in the 75-250' lakeshore setback zone where only 25� hardcover is normally allowed, subject to the following conditions: 1. Hardcover on the property in the 75-250' zone shall not exceed 29.3$ (7,422 square feet) per the hardcover proposal attached as Exhibit A, and the site plan attached as Exhibit B. The applicants are advised that future proposals to � increase hardcover on the property will not be approved, but might be approved only in conjunction with concurrent removals of pre-existing hardcover resulting in no net increase in hardcover on the property. o Page 2 of 4 ti � . � ., � � Clt� o� ORONO � .�, . • RESOLUTION OF THE CITY COUNCIL � �� NO. 2721 • - • • Authorities granted by this variance 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 CounciZ approval, or this variance will expire on that date (October 23, 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 automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. . 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 held on the 23rd day of October, 1989. • ATT T: ' . . Doiothy allin, City C Jame R. Grabek, Mayor C�� -- Property Owner s STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of October, 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 Pu ic ��fff�,y�, �`_ � LAU I . SCHEFFLER �'�� NOTARY PUBLIC—MINNESOTp • �'`r�,;�� HENNEPIN COUNTY My Commission ��p�i•�e Y�omm�s.ion expireso- - � Page 3 of 4 . �:r. :t ... . . .. .,.�. . �.:... �:mn'. - �".+ � F-..�_r...�.r<_r...ie_v . e� '., _ . ..__.�ir.�� .. �..��.' - — — -- '- '--' �-. _ .. _ ,. . . . . . . �._�-.�'--�. .._.,_...r..__..�._.._...... . `r , � , , a " Cit� o� ORONO . • � RESOLUTION OF THE CITY COUNCIL � NO. 2721 . • • • • STATE OF MINNESOTA ) . ) ss. , COUNTY OF HENNEPIN ) . On this . 07� day of �e�� _, 198� before me Notar�Y ,P}ublic �i hin and �or said county, personally appeared �p,(�5 L. NAnLfQ_� �(�I�s�nlAlll �f� 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. NO AR PUBL LAUR E K. SCHEFFLER • k`., � NOTAQY f'UBUC—MINNESOTq , �sr''"�' HENNEPIN COUNTY � My eommission�xpires 6•8-93 �ti,;v�;� 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 Page 4 of 4