HomeMy WebLinkAboutREsolution 2895 \
�; 1. ,.-4 Z•��� . .
:
��
C�t� of ORONO
. � RESOLUTION OF THE CITY COUNCIL �
� NO. 2895
• - • •
A RESOLOTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 � 2
FILE #1596
WHEREAS, Daryle L. Uphoff (hereinafter "the applicant" ) is
the owner of the property located at 2699 Relly Avenue within the
City of Orono (hereinafter "City") and legally described as follaws:
Lot 2, Block 2, Walters Port, Hennepin County, Minnesota
(hereinafter "the property") ; and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 1 to
permit a 4 ' to 5' encroachment of the average lakeshore setback line
for a propased 10' wide addition and a variance to Section 10.22,
Subdivision 2 for proposed improvements located within the 75-250'
sEtback area where excessive amounts of hardcover exist at 7402 s.f.
� or 38�.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
` Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1596 .
2. The property is located in the LR-1B Zoning District.
3. The Orono Planning Commission reviewed this application on
October 15, 1990 and recommended approval af the praposed
variances based upon the following findings:
a) The City has received no negative comm2nts from the
neighbor most impacted by the improvement.
b) The existing elevations of the neighboring property to
the east and the plantings along the east lot line of the
property negate a visual impact by the improvement.
c) The house was built in 1973 prior to current standards
for lakeshore development.
Page 1 of 5
•
j ' .. } , . . . .
I
c�t� o� oR,oNO -
• RESOLUTION OF THE CITY COUNCIL
• N0. 2895
• - • •
4. The City Council has considered this application including
the findings ancl recommendations of the Planning Commission,
reports by City staff, comments by the applicant 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 �o 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.
CONCLIISIONS, ORDER AND CONDITIONS
• Based upon one or more of the above findings, the Orono City
Council hereby grants variances to Municipal Zoning Code Sectian
`10.22, Subdivisions 1 and 2 to permit the construction of additions to
the east side of �the existing residence requiring an average lakeshore
setback variance and hardcover variances within the 75-250' setback
area, subject to the following conditions:
1. Applicant shall remove 445.4 s.f. of existing hardcaver to
offset 389.5 s.f. of new structural hardcover and 55.9 s.f. of
new nonstructural hardcover for proposed lakeshore improvements.
Total hardcover shall be maintained at 6956.6 s.f. or 35.7$.
Hardcover removals are shown on PagE 5 of this resolution.
2. 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 wi�hin one year of �
the date of Council� appraval , or this variance will expire on
that date (October 22, 1991).
3. Violation of or non-compliance with any of the terms and
conditions af this variance shall constitute a violation of the
zoning code, shall automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
• Page 2 of 5 �
; , . a
� � Cit� of ORONO
� • RESOLUTION OF THE CITY COUNCIL
E
;;�. � NO. 2 8 9 5
.� - • • :
:;�•��-,
4. The undersigned appXicant has read, understood and hereby
agrees to the terms of this reso3.ution 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 Orono City Council. on this 22nd day of
October, 1990.
AT E T: ,�' '
Do othy M all.in, City CXerk Jame R. Gra ek, �
I � L � �� `�������.___-_
Pr per y Owner(s
•
l
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknow3.edged before me on this
22nd day of October, 1990, by James R. Grabek & Dorothy M. HaXYin, .
Mayor & City Clerk of the City of Orono, a Minnesota municipal.
corporation and said instrument was executed on behalf of the City.
THERESA L. NAqs ' Notary Publ.ic
' �TARY PUBLIC- MINNESOTA �
HENNEPIN COUNTY
�'C0�""1d81°°eXP�;Q,ae.s2 Page 3 of 5
• .
, . �,
. � . .
� Cit� o� ORONO -
i � �� .
.��:� � � � RESOLUTION OF THE CITY COUNCIL
• NO. 2895 .
I �, - � • .
� �,�;..
� STATE OF MINNESOTA )
� ) ss.
I COUNTY OF HENNEPIN )
,
I
i On this �y'�' d�y of � �� , 199�
: - before me Not�ry Pub ic within �n for s�id county, person�l y
' . �ppe�red � L�. � S-
known to me to e the per n(s de ri ed in �nd w o executed t e
foregoing instrument, �nd acknowledged th�t he (they) executed
the s�me �s his (their) free �ct �nd deed.
���
Q�
NOTARY
THERESA L. NAAB
�: NOTdRY PUBLIC- MINNESOTA
r : HENNEPIN COUNTY
My commisalon expir¢s 9-8-92
• MY COMMISSION EXPIRES
STATE OF MINNESOTA ) •
) ss.
COUNTY OF HENNEPIN )
On this d�y of , 199 , before me �
Not�ry Public within �nd for s�id County, person�lly �ppe�red
known to
me to be the person ( s described in �nd who executed the
foregoing instrument, �nd �cknowledged th�t he (they) executed
the s�me �s his (their) free �ct �nd deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
Page 4 of 5
. .
� . ,
� ` � ���` CitV�7 o� ORONO
F43",�,'s ��' !�,.�:. . V
�•
� . Q� ' RESOWTION OF THE CITY COUNCIL
, � ��._. , � NO. 2895
. � _ � �
� Certificate of Survey
for Daryle L. Uphoff •
� of Lot 2, Olock 2, Walters Port . -
. Hennepin County, Minnesota !
.
�
� o s
� Ke �1y Av�-� °
�
� �
__, �s=z5o' R•20 9.6�� �bn�K °
�•30 28�5 - °�
. �, L=I I1.49
. •�J/.
. . p' •
' 3:,-�'�.. ... .
�:�G��. � Y
. °���'Q�` �. . f
� "' `� , . 'P� . �- � �.,
O
2�.2 � y �
' � Fakw/r�.,f� :• -;' `o�;\ D�- ,�.o Ev�.t�„9
:.c6�2.��� � u�a W N^u•.e
. :�ii,l.>.r,.N m -— �\; '^ ,
- •.:g:3 N N a„rs�, e � �
� �N �Ye..rit.'` '�!i e��n
...6 1'20.2 � .�� ifi.H.r, d pD � _ y ns
r �s.4 -f��%�:;:,� n�
�'0� Exisfin � p �" ,
;N' 9 1-lo�se � It�
, ��:9 �' 40.0 . �ti.o 0 z
.o, •x oD
M I �� �
, � ,'e.:.�� �1 D¢ck o �yt
. � `�e.1�+�� � 21.'7 "'' 30.3 i.,
�k J 1 / 'r✓..ia:r,� o... 'S
�l . � re. 'c
i . �
Fock w�Fle+i�c�
I TaOr Afno✓r 0
R•Rtic �--FaRiic S73JF, 2
� PI ic� gfaira . .. .
�^R•R{ic
.� . , ✓ f.�r6 _ . '
� :� � � � � ' � _� �5'SoETF3A � ._.. ..._ _ '
.3— � � � Q Y.s'e�,�
.,i � w.
o . ,
� Z . . � yh ' .
A ' �
1
� . . 'L ,y
� ;.
� .- ..`. m°� � ;
� �� i
� a ' t
� �� , • Legal Oescr:pticn �
� �aro.33 Lot 2, Dlock 2, 4Jalters Port �
,'`' '
' ' _Ro k _,�t.cr...i . .
--1 ... .
. �'East 45 - I hereby certif,Y that this sur-
� � � was prepared by me or under my
d direct supervision and that I
- . �%�-> > ��� � :J �'I , am a duly registered land sur-
- , veyor under the latias of the
.,
- State of tdinnesota ,
:; , _ . •
_ .� .-- . ..---._.__ COFftiJ & GRONBERG, IMC. . `
.s`; �.r.��� �'i' "�
Date : 9-1 9-gp,i°-_�-�a srs.a,�.v,.Nio ref..�..��r /�/��1. � ��=arv�.,.r,/
Page 5 Of 5 Scale: 1" = 30' T�arTc S ron erg �ic. nv. �����
• o : Iron marker Engineers, Land Surveyors
Long Lake, hlinnesota _ _ ___