HomeMy WebLinkAboutResolution 3027O�
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3027
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 AND 2
FILE #1684
WHEREAS, David and Anne Graham (hereinafter "the
applicants") have an interest in the property located at 2745
Shadywood Road within the City of Orono (hereinafter "City") and
legally described as follows:
Tracts C and D, Registered Land Survey No. 500, files
of the Registrar of Titles, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for
• variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2
to permit the improvement of an existing residence structure involving
the expansion of a second story and the installation of a two tiered
deck at 81x16' relocated 17' from the lakeshore instead of the
required 75' resulting in an overall reduction of hardcover with
existing at 8,079.95 s.f. or 24.8% and final hardcover at 6,940.2 s.f.
or 21.35% resulting in a net reduction of 1,139.75 s.f. or 3.5%
hardcover.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1684.
2. The property is -located in the LR -1B Lakeshore Residential
Zoning District requiring one acre in area.
3. The property consists of 32,500 s.f., the majority of which
is located within the 0 to 75' lakeshore protected area.
4. The Orono Planning Commission reviewed this application on
September 16, 1991 and recommended approval of the proposed
variances based upon the following hardships and findings:
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3027
a) The property is a narrow peninsula surrounded by Lake
Minnetonka on three sides.
b) 98% of property is located within the 0 to 75' setback
area.
c) The existing residence was constructed prior to current
lakeshore standards adopted as of January 1, 1975.
d) The comprehensive improvement of the property results
in a 3.5% reduction in total hardcover.
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
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.
6. 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants variances to Municipal Zoning Code Section
10.22, * Subdivisions 1 and 2 to permit the construction of a second
story partial addition and a two tiered open deck at 8x16 to the east
side of the residence subject to the following conditions:
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
All
3027
1. Hardcover removals shall be completed per the site plan
enclosed as page 6 of this resolution. All hardcover
scheduled for removal must be completed prior to the
issuance of a building permit. Applicants shall arrange
for the necessary site inspection to confirm the required
removal of hardcover.
2. Authorities granted by this variance run with the property
not with the applicants, but are permissive only and must
be exercised by application for a building permit within
one year of the date of Council approval, or this
variance will expire on that date (October 14, 1992).
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 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.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 302.
Adopted by the Orono City Council on this 14th day of
October, 1991.
712o-"'t--�.
ST:
Dorothy%allLlty Clerk Barbara A. Peterson, Mayor
r
Property Owners
STATE OF MINNESOTA )
ss.
"COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
14th day of October, 1991, by Barbara A. Peterson & 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.
LINDA S. VEE No ary Public
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My commission expires 8-12-98
Page 4 of 6
C7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3027
STATE OF MINNESOTA � ss.
COUNTY OF HENNEPIN )
�1� day of 199=
On this personally
before me a Notar Public within and for said county, p
appeared O toile r
knownto me to be the person
and acknowl dg d that he (they) executed
s described n and who executed t
foregoing instrument, ee act and deed.
the
LINDA S. VEE / J
NOTARY PUBLIC -MINNESOTA U
HENNEPIN COUNTY
My commission expires 8-12-98
Notary Public
STATE OF MINNESOTA.)
)ss.
COUNTY OF HENNEPIN )
da of Ao ber , 199
On this � � y ersonal lY
before me a Notary Public ithin and for said county, p
appeared 19 '0 Y /"a i1 Q. m ; D i h f Occlh-PY
known to me to be the person(s) descriand who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
Notary Public
LINDA S. VEE
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My comrrission expires 8-12-98
Page 5 of 6
' RESOLUTION #3027
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