HomeMy WebLinkAboutResolution 2717 � .
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Clt o� ORONO .
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RESOLUTION OF THE CITY COUNCIL
�� NO. 2717
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� A RESOLDTION GR�NTING
� A VARIANCB TO
MLINICIPAL ZONING COD$
SECTION 10.22, SDBDIVISION 1 ,
FII.$ #1441
TeTH$REAS, Don W. � Copley (hereinafter "the applicant") is
the owner of the property 3.ocated at 1185 Tonkawa Road within the
City of Orono (hereinafter "City") and 3.egally described as Tract
B, Registered Land Survey #853, Hennepin County, Minnesota
(hereinafter "the property"); and
WH$R$AS, the app 1 icant has app 1.ied to the City f or a
variance to Municipal Zoning Code Section 10.22, Subdivision 1 to .
allow construction of an addition to the existing residence
I.ocated 1-1�' in front of the average Iakeshore setback 3.ine and
a variance to Section 10.22, Subdivision 2 seeking approval of a
hardcover variance within the 75-250' setback area of 290.3
square feet or 1.2$ over the allowed hardcover of 5,707 square
• feet or 25$.
NOW, THEREFORE, B$ IT R$SOLV$D by the City Council of
Orono, Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #1441.
2. The property is located in the LR-1B Single Family
Lakeshore Residential Zoning District requiring 1 acre in
area. The property consists of 28,405 square f eet or .65
acres. �
3. The Orono Planning Commission reviewed this application �
on September 6 1989 and September 18, 1989, and recommended
approval of the average setback variance application and
recommended no hardcover be added over the 25� l.imit, based
upon the following findings:
� A) The encroachment of the average 1.akeshore setback
is minimal at 1-1�' and will have no negative impact on
the ].ake views of the adjacent residences.
B) There is no hardcover in the 0-75' setback area on
the property. �
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Clt� o� ORONO . � .
• � RESOLUTION OF THE CITY COUNCIL
�, NO. 2717
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' C) The proposed total area or size of the residence
� structure is consistent with the size and area of
surrounding residences on adjacent lots of similar
size. .
4. The City Council finds that a 168 s.f. shed on the
property can be removed, but that additional. existing
bituminous driveway area shou].d remain for safe use of the
driveway, resul.ting in a hardcover variance to allow a total
of 25.5� in the 75-250' zone.
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 proposed variance on the heal.th,
safety and weZfare of the community.
6. The City Counci 1 f inds that the conditions exi sting on
this property are peculiar to it and do not apply generally
. to other property in this zoning district; that granting the
variance wouZd not adversely affect traffic conditions,
light, a�ir nor pose a fire hazard or other danger to
neighboring property; woul.d not merel.y serve as a
convenience to the applicant, but is necessary to alleviate
a demonstrabl.e hardship or difficulty; is necessary to
preserve a substantial property right of the applicant; and
wouZd be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDffit AND CONDITIONS
Based upon one or more of� the findings noted above, the
Orono City Council hereby grants a variance to Municipal Zoning
Code Section 10.22, Subdivision 1 that woul.d approve the average
Zakeshore setback variance of 1-1�' for the proposed addition and
hereby denies the hardcover variance to allow 5,829 square feet
or 25� hardcover within the 75-250' setback area, subject to the
following conditions: .
1. Applicant sha].1. remove the 168 square foot shed within
the 75-250' setback area. Such removal. to be confirmed by
the Building Inspector at the time of the footing inspection
for the new addition.
2. Authorities granted by this resolution run with the
• property not with the applicant, but are permissive onZy and
must be exercised by application for a buiZding permit
within one year of the date of CounciZ approval, or this
variance wi1.Z expire on that date (October 23, 1990).
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-- Clt� o� ORONO .
� (��`'j RESOLUTION OF THE CITY COUNCIL �
�, NO. 2717 .
• � • � lation of or non-compliance with any of the terms and �
- - ' ions of this variance shall constitute a violation of
the zoning code, shall automatically terminate any authority j
granted herein, and shall be punishabZe 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.
AT ST:
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Dorothy . Hallin, City C].er James R. Grabek, or
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Property 0 er 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. �
��°�± ary Pub ic
�'� LAURIf K. SCHEFFLER
� 3� NOTA0.ti PUBLIC-MINNESOTI� .
�•,�•:' .c HENNEPIN COUNTY � O n�
-� .s�� My coriimis�7on expires 6-8-9$ O `�J
`�ir:;,::.'r
My Commission Expires
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Clt o� ORONO . "��
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� (]�j RESOLUTION OF THE CITY COUNCIL
� NO. 2717
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F
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of ���� . 198g
before me a-�� Publi within nd for said county, personally
appeared ��� ��� � �iqT�jl � PL�y known to me to be
the person(s ) describ- e—�n and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed. �
� NO RY PUBL
��+� LAURIE K. SCHEFFLER
���� NOTARY PUBLIC-MINNESO7A
� HENNEPIN COUNTY
�:,'`y;� 4 My commis�ion expires6-8-93
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
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