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Home My WebLink AboutResolution 2806 ;�4.v. � T. � Clt o� ORONO � • Q�'T RESOLUTION OF THE CITY COUNCI L � NO. 2806 ' • - • � ' A RESOI�IITION GRANTING AF'1'$R-THE-FACT � VARIANC$S TO MDNICIPAL ZONING CODE S$CTION 10.22, SIIBDIVISIONS 1 � 2 , FILE #1483 WH$REAS, Harold and Merle Vogt (hereinafter "the applicants") are the owners of the property located at 1342 Rest Point Circle within the City of Orono (hereinafter "City") and legally described as Lot 10, Rest Point Park together with the Southwesterly half of public right-of-way vacated adjoining said Lot 10, Hennepin County, Minnesota (hereinafter "the property") ; and WHER$AS, the applicants have applied to the City for after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow structural repairs to an accessory structure consisting of a deck addition to the lakeside of the structure located 4' f eet f rom the shore 1 ine, and 6' f rom the • west side lot 1ine, and other structural and non-structural repairs to the accessory structure located within the 0-75' lakeshore protecte area where no structures are allowed. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1483. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District, as such the property is subject to all pertinent lakeshore regulations that govern development within the zoning district. 3. The structure was constructed some time in the early 1950s serving as .a boathouse and storage area. The current pattern of use of the structure is for storage in the lower area and as a three season porch in the upper 1eve1. 4 . The structure serves as an accessory use to the principal residence as structure contains no plumbing or heating. • Page 1 of 5 , • ,�. a . � f• � C�t o� ORONO � • C�T RESOLUTION OF THE CITY COUNCIL � NO. 2806 • - • • A RESOLUTION GRANTING AFTSR-THE-FACT � VARIANCES TO MDNICIPAL ZONING CODE S$CTION 10.22, SIIBDIVISIONS 1 � 2 FILE #1483 WH$REAS, Harold and Merle Vogt (hereinafter "the applicants") are the owners of the property located at 1342 Rest Point Circle within the City of Orono (hereinafter "City") and legally described as Lot 10, Rest Point Park together with the Southwesterly half of public right-of-way vacated adjoining said Lot 10, Hennepin County, Minnesota (hereinafter "the property"); and WH$REAS, the applicants have applied to the City for after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow structural repairs to an accessory structure consisting of a deck addition to the lakeside of the structure located 4' f eet from the shoreline, and 6' from the • west side lot 1ine, and other structural and non-structural repairs to the accessory structure located within the 0-75' lakeshore protecte area where no structures are allowed. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning Fi1e #1483 . 2. The property is located in the .LR-1B Single Family Lakeshore Residential Zoning District, as such the property is subject to a11 pertinent lakeshore regulations that govern development within the zoning district. 3. The structure was constructed some time in the early 1950s serving as .a boathouse and storage area. The current pattern of use of the structure is for storage in the lower area and as a three season porch in the upper level. 4 . The structure serves as an accessory use to the principal residence as structure contains no plumbing or heating. • Page 1 of 5 • � i . a �jc. T� . � � Clt� o� ORONO ' • (�� RESOLUTION OF THE CITY COUNCIL • ! NO. 2806 • � • • 5. In 1975, a 1ot area variance was approved for the property to construct a residenri_confo m n 1Oaccessory approval required that the no g structure be removed prior to the issuance of the Certificate of Occupancy. , 6. The City failed to �nforce or implement the removal of , the structure upon the issuance of a� Certificate of � Occupancy for the new residence. ;. , . � `� - 7. � The structure received minimal repair and use from 1975 � � . F to" the• present. . �:: - . ., - . . .. , i . � 8. � . The applicants purchased the property in 1989 unaware of � , the unique history of the � structure nor of the City s policy j regarding the repair of structures that are located within � ..the lakeshare protected area (within 75' of the 929.4' i � elevation) . � � ` 9. The applicants performed major repairs to the structure . I including the construction of a 1.akeside deck, hard boar i •� siding to the upper level and the installation of windows. � 10. The Orono Planning Commission reviewed this application on January 1�6, 19 9 0 and recommended approva 1 of the af ter- the-fact variances based upon the following findings: � � A) The building has existed on the property for over . 40 years. � ` B) Tfie structure appears to be in good condition and ` �"' is used as a supportive/accessory use and not as a second residential. unit. 11.� On March 12, 1990 the Orono Council conceputally approved the after-the-fact variances�based on the following � findings: � ! A) The foundation of the structure provides stability I and support of the lakeshore bank. I� B) The structure has existed on. the� property � undetected for over 15 years. � C) The applicants had no know ledge of the original � requirement that the structure was to be removed nor ' � that the City requires special approvals before � � s.tructures within the lakeshore protected area � can � `J receive major or minor structural repair. I Page 2 of 5 ( ; � i . . , � . � � l�� C�t� o� ORONO � :� � _ �� _ ,. • v_• H•t � � RESOIUTION OF THE CITY COUNCIL � ._`I°� NO. 2806 • - • �� " 3. The detached lakeshore accessory structure sha11 not be provided with heating or plumbing facilities, nor sha11 the structure be allowed the use of a cooking stove. A single refrigerator is approved for use of applicants and future owners. 4. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within ten days of the date of Council approval , or this variance will expire on that date (June 8, 1990). 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 applicants have read, understood and hereby agree to the terms of this resolution and on behalf • of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minn sota at a regu 1ar meeting he ld on the .2 9 th day of May, 19 9 0. ATT . �. o th M llin, City Cle 'k�Jam s R. Grabe M �' Pro y Owner s Page 4 of 5 • � �c ,H � , � , � C�t� o� ORONO • �� . RESOLUTION OF THE CITY COUNCIL � NO. 2806 • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 29th day of May, 1990, 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. N07ARE PUBL�cL•M�NNESOTA My�mmi�s�st�oNn ex�a Ns's'92 '/�%'� L. Notary Public STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) � \ On this �5'� day of �/[.�-''`� , 199L7 before me a Notary Public withi and for said county, personal� appeared ' �.o � n/ known to me to be the pe son(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � ' ��t THERE3A L. NqAg NOTARY PUBUC•MINNESOTA � /� ' �E�EPIN COUNTY �j ,, /f � lsalon euptrQa 9-8-92 / lX/l�.e�1t �/'UGCGCX� NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this o?�� day of `�t�(,r�._ , 199C7 , before me a Notary Pu ic wit�iin and for said County, personally appeared w� � known to me to be t pe on( s ) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. , ic%- � . THERESA L. NAAB NOTARY PUBLIC - ''� NOTARY PUBLIC - MINNESOTA ~ � HENNEPIN COUNTY Page 5 Of 5 . - ;,�,; My commission expirss 9-8-92