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Home My WebLink AboutResolution 2842 .�...._�.... .,....." __'-,... - .:e__e:szu�:�s,�.rr..:7!:.:-sc..:.v�:� . .a �.. ..�. �.....r... -rr............... ,....,,..r.�._...-_«-,.........W.-.....r_»......_.......-r... .......-...�...,_.-.�.,. ,....�.. ...��" '�.�=:��::�:�"' - ' '� . . . . . . �� r ti�,� :�.. ,-0, . - C�t� o� ORONO n+�.t'y,,, , • F�r3N( ' .. /. . • k.7�s . `�" RESOLUTION OF THE CITY COUNCIL � t=+��`:�,:�.,. . a 'rv�`;. • ,� NO. 2842 ;> . • - � • ..�.��.F:;. A RBSOLOTION GRANTING VARIANCES TO " .. MDNICIPAL ZONING CODE SSCTION 10.�2, SIIBDIVISIONS 1 AND 2 ' FILE #1538 WHER$AS, Lauren Born (he_reinafter "the applicant") is the owner of property located at 1432 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: See Exhibit A, attached, (hereinafter "the property"); and � WHER$AS, the applicant has made application to the City of Orono to permit construction of a 10' x 12' deck to be installed at the lakeside of the house located 34' from the lakeshore (929.4' elevation) instead of the required 75' and hardcover' variances within the 0-75' setback area requesting an increase of hardcover of 120 s:f. or 3� resulting in 2,135.6 s.f. of total hardcover or 23� where there already exists 1,973 s.f�. or 21$. • NOW, TH$REFORE, BE IT R$SOLVSD by the City, Counci 1 of Orono, Minnesota: , FINDINGS l. This application was reviewed as Zoning File #1538 . 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District. 3 . The property consists of 13 ,196 s.f. or . 3 acres . ' 4. The Orono Planning Commission reviewed this application on June 18, 1990 and recommended approval of limiting hardcover to a landing and access stair within the 0-75' setback area based upon the following findings: A) Applicant had received approval for new structural hardcover within the 0-75' setback area with a 1989 variance application that resulted in the removal of 590 s.f. or 6$ . reduction of existing hardcover within the lakeshore protected area. . B) The stair stucture will not impact the lake view of the residences on each side of the property. � • Page 1 of 4 r i c�t� o� oR,oNo � -��i _ . :..r...� . }y;r RESOLUTION OF THE CITY COUNCIL ° �:;� • NO. 2 84 2 . . Y h��'�' '�. ,• _ • • ,.�',.x i` • 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 health, safety and welfare of the community. 6. 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 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 �he City. CONCLDSIONS, 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 and 2 to permit construction of a landing and access stairs within the lakeshore yard of the property requiring approval of a lakeshore setback variance of 44' for the new structure where a 75' setback is required and approval of additional hardcover of 32 s.f. for a total of approved hardcover at 2,005 s.f. or 21. 6� where none is allowed subject to the following conditions: l. Applicant shall obtain a building permit for approved landing and stairs limited to 32 s.f. Access stairs shall be constructed so that they run parallel to the lakeside of the house. The City shall approve no more than a 4' encroachment into the lakeshore setback area beyond the existing principal structure. 2. Authorities granted by this variance run with the property not with the applicant, but are permiss-ive only and must be exercised by application for a building permit within one year of the date of Counci 1 approva l, or thi s variance wi 11 expire on � that date (July 23, 1991). 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. • Page 2 of 4 }Y . �S Kl` � . . . . .:. - . � - �- : .�P_ . ..'t.- � .. - . .. , ` .. . . �. . � •. ..a a � �''e s t � . a. .. . w �S . �� .�.o.r :.r .t w�,aa. a.an��-v' _ ��,.i..c t. J.i�CS?}!v��•i1c"iux�wY.`,.�.ve�.�:wa.S:.,......'.i+r.Z�a..ef..n�':..�.-....•.',;,.��U...�.._..1..i. ...d..:.J._i-.....�'LwJ.�i.,a... ....,......'._"o�.._....._...' .. ' '_....�__.._.....__. ...... . .... ., . .. ' ��- 5' � ��p�.�: �� C�t� o� ORONO � � �.� . � �;��'�i:;:" . � • "�`' ' RESOLUTION OF THE CITY COUNCIL - �<ft.. ti.'. . . . i-�t�} .: ht��,..�� 'a��`_ , .K:=� Np, 2842 • - •. ....�:. 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 Orono City Council on this 23rd day of July, 199 . � ATT T: � � . 0 othy . allin, City Clerk , Jamels R. Grabek, May_o`r v Property Ow er(s ) • . STATE OF MINNESOT.A ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of July, 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. �� THERESA L. NAAB Not ry Public " �HENNEPIN�COU TYTA _ 1,Ay commlasian exptras 9-8-92 �-�� J My Commission Expires Page 3 of 4 • ...1.'R / �1 . � . 1 l =1 �' / � y IL� �M W J? (3.f+i T.> >..�N�� Jt-7.L ...M 1 /..�. iS '�.�. ...�',i� -.�� '°.:.�-� _. ...�.�_�.4_a..... .:•.,.+_.� ._. ._..__......v.�''—.__._._.. . .rw^. ��o-..��.y;�2� .., _.r. . ..:r.:..„.,�........,..r .... ,�.....�«�.t..r .n+..,,� ...._.�,�C-�...�....,......a...... �' � �? . � � i � � Cit� o� ORONO •o �`�; RESOLUTION OF THE CITY COUNCI� � -�.k�,. '''`` 2842 �} • ::�,� NO. � • _ � • - , � . � � . • . . � : . i • Exhibit A • � � 'I'he southeasterly 37.03 feet of Lot 2, Block 1, DRAGONFLY t�ILL, according to the recorded plat thereof, Ilennepin County, Minnesota. ' ' ' A strt•p of land in Government Lot 1 , Section 11, Townsliip 117 North, Range 23 West of the��'ifth • � Principal Meridian., said strip of land having .a uniEorm Width of 60.00 feet and bounded on the east by the shore of Lake Minnetonka and on t}�e xest by the shore of Mud�or Round Lake (so-called) . �northerly line of Which said 60.00 foo,t strip oE land is described as follous� Heginning' at a ' p ,t 585-89 feet southeasterly measured along a line wtiich bears South 10 degrees East from' . t}ie meander corner of the Northeast corner oE said Government Lot 1; thence North 67 degreea 48. minutes East a distaitce of 14.3 feet more or less to tlie shore oE Lake Minnetonka; then�e South • • 67 degrees 48 minutes West a dista�ice of 207.27 feet more or less to the shore of Mud oY �Aound Lake (so-called) . The southerly boundary line of said 60.00 Eoot strip being � line parallel vith and 60.00 •Eeet� southerly from and.• measured at a riyht•-angle• to the norther2y line' above de8cribed land. Er,cepting from said above described s.trip the public highuay crossing said tract all ' , �according to� Ehe United States government survey thereof. • , � � . - � a � � . .r. . . , . .. . . .. , .. A.. t -.; � . i✓. .. . i.� r�R ... +.fiL.N.} J.� �- (u � tw \9 � Y 4n:C ��' t T . � .t..�nsrw -t ^•.. ..�n.l,..M .� �.u�.�.. ��,....�e..,r->....0 i� _,.a . . .. . .... r..�-.. ........'1`. ._._.._ ._...._._.�.��'7`_'��. .�.....T'n^1 _.....,..__�..._,._ . . .....u._.. ._ .,.. . . - .....�.� � .._ . ....r_ -- ..�• ' _ ' . . .,� :� \ �� 1 �.�... • . �� c�t� o� oR,oNO � � RESOLUTION OF THE CITY COUI1lCIL �'� � NO. 2842 • - • • � STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) J�� c.c�� , 199U On this � ! day of before me Notary Public with'n and for id county, personally appeared �Q�u,r ��I L• rr� ' f �known to me to be the person(s ) descri ed in and who executed the foregoing instrument; and acknowledged that he (they) executed the same as his (their) free act and deed. � �ll� NOTARY P C ' THERE3A L. NAAB ' • I�tOTARY PUBLIC- MINNESOTA l HENNEPIN COUNTY My oommiaaion expirea 9-8-92 MY COMMISSION EXPIRES - STATE OF MINNESOTA ) - • )ss. . COUNTY OF HENNEPIN ) . On this day of , 199 , 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 PIIBLIC � � MY COMMISSION EXPIRES Page 4 of 4 .