The URL can be used to link to this page

Home My WebLink AboutResolution 3052O O \�kESH0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3052 A RESOLUTION GRANTING AFTER -THE -FACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2, AND SECTION 10.23, SUBDIVISION 6 (B) FILE #1697 WHEREAS, James P. Rivers and Mary A. Rivers (hereinafter "the applicants") are owners of the property located at 1440 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: Refer to Exhibit A, Attached. WHEREAS, the applicants have applied to the City for after -the -fact variances to Municipal Zoning Code Section 10.22, Subdivision 1 to allow a lakeside deck to remain at a 22' setback • from the lakeshore instead of the required 75' and per Section 10.22, Subdivision 2 applicant seeks approval of 416 s.f. or 8.535 of structural hardcover where non-structural hardcover had existed prior to 1978 and per Section 10.23, Subdivision 6 (B) the deck has been placed 1' 6" from the side lot line instead of the required 301. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1697. 2. The property is located in the LR-lA, Single Family Lakeshore Residential Zoning District requiring 2 acres in area. The property consists of approximately 9,100 s.f'. 3. The Orono Planning Commission reviewed this application on November 18, 1991, and recommended approval of the after -the -fact variances based upon the following findings: A. The deck was constructed in 1978 and has existed on the property for over 13 years without notice. %• Page 1 of 4 • ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3052 B. The structural improvement did not result in an increase of hardcover within the 0-75' setback area. 4. 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 variances 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. 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 variances 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 after -the -fact variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2 and Section 10.23, Subdivision 6 (B) to permit a 16' x 26' deck constructed to the lakeside of the existing residence requiring approval of a lakeshore setback variance of 53' or 70.6%, a hardcover variance within the 0-75' lakeshore setback area of 1,251.85 s.f. or 25.6% and a side setback variance of 28' 6" or 95%, subject to the fol lowing conditions: 1. Applicant is hereby advised that any plan to intensify or replace existing lakeside deck shall require approval of the City prior to construction. 2. 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 EN • O O \kESH0 CITYof'ORONO RESOLUTION OF THE CITY COUNCIL NO. 3052 3. 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, Minnesota at a regular meeting held on the 9th day of December, 1991. 0 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) 4'4-'g� C4, ��6 - Barbar A. Peterson, Mayor W The foregoing instrument was acknowledged before me on this 9th day of December 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. CAFKXE A. K4 -SEWN Notary Public TMVHENK J A Mr COMM ON °VIMS 823.0 Page 3 of 4 0 0 �kESH0 STATE OF MINNESOTA ss. COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCI L NO. 3052 On this 9t -A day of 7;-P_c,e /'h he ,-- , 19 9�— before me a Notary Public within and for said county, personally appeared Tames meS l2 ; ae✓5 ; a % �+ D w h e� known to me to be the person(s) described i and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. LINDA S. VEE ESNOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission expires B-12-95 STATE OF MINNESOTA )ss. COUNTY OF HENNEPIN NOTARIZ PUBLIC On this Mrd day of 140 rch , 1992, before me a Dotary Public within and for said County, personally appeared e r known to me to be the perso (s) describ in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Oajl��& 6. AdzbkCAROLE HASEMAN NOTARY PUBLIC ' AW STA HENNERN COUNTY MY COMMISSION EXPM13 8,23. Page 4 of 4 0? Certifiiate•:or _Survey: CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3052 Exhibit A 81Z Mat Part of GovernmeII-elAt 1, .;'j✓.,`Section 11' ;i7,ITJ R23W, described as follows: .:" Cal Sep nninv at a point on the. shore of Lake Minnetonka, which point is found* as follows: '1 f• o� `: °- '' -% Beginning at .thR meander corner at the Ilortheast f' _s!%�� •S. '%� +� i_'' corner of said Govern-nt Lot l.; thPnco S 100E 1 826.35 feet more or less to the 11ortherly linea A,' of a pertain tract of lend deeded to Mrar Boswell and recorded in Book 700 of Deeds, I • . , 048' E along the414. `� ► o ` mss. page ,47the N b7 'North4rly line of said s Posvell.lard to ?z'c•, ? �� o the shore of�.�.':' . � t o Lake bUmmtcrika; ,.�� ' ' ;•'.'' - thence IIorthf-rlY '' �•`•1• • �•�,•' ,'f • ' •� i-+ , along said shord �•.i �+y1U^I a iJ Star;c4 C1• '' �,y, n•vt 11 \ 'I - 125 Feet _or^ -•F•*,.ems'„`• • zr:+ c r leis to a Point L^ a f• 1 ' line that is ” c•"b f _ parallel wit:: " f • and distant 120 feet Norther!- at :orther'_ at riE.ht c.n-In ? from t :::._ : - . i,. --" :y:;,,.;•�M= sir. �':�I herl:l •.-;_.:•ry•�:'�,y. :i�+;•..-..<�.r �:.��,,{`.%ia� ��•;�Y%r... line of sal -1 i:obw^11 tract said int " *::� ^oirrt::Of'.bP in.•7irtr'^'f the :r;:Ct tC*r b^ doacib^a, beim ;- thoncr• cont in•Ang-.I:or the: l; �`' cn�..t:,� cl:or of . sr � _ � ,; e: � �: , . ..., ,;,•�;{r� :: ' 6: to _.'i• -;.:• .:.•��..:�:.:��?3•="ice-:�i'•�z Ct r..orA or 1 -.:Ss. to a point_in l nn.--dr::wn .lmrr 11-7 y r' c i. '; Vis': -•'i i:t;.r «.<;+� e :rintrJnewith ard:1?15-feet:::orthorly -at-riFht i 2?oi-th�"`;::a' :::>• o ;` :`." `�: "° '' • irn of Bowoll:.-tract aliovA r -ferry to; thnncff' S. 07043':1 to ' : ;.: 4 k�. �• t,� "shore war of Aid or :;ad Lake; th^nc:e outh nlon, shore of amid i!� ::e no!L•f.-i 'Coto a r:oint 1r. f; lir., w;.irh hears S u701.�'W Mud or �'�y, ° e•' -.. { �~om 1'hri T)i)in: of b.1rir:r.i:)j•; t1vinen• �i �)7•:�� ''. to tl.1f 13nf �nninrj and of th Ion rt irrr: t)1' rill %uilf'•in: u t!, -yr -%:.j and till viaibl-� encror:ei•.ra^rts, tr mny, from or on vv.id Lune:. • Sd::. G . Kn11,iy, Ret . No. 1542 Bs-+ta� r'. Kcil•y I'.nf•. Iio. :713 Go:'dor. Coffir. Tei+. 1.c. 6064 3crr1c: 1't � /,(" Dat0 . h . t '), !7'oI K ILM & K -ML- , `hein'uera =tu-vityors Lcnr Llkn, :dir.nnvo',m c r-