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Home My WebLink AboutResolution 3144 ,�,.a ;-. � � O� • O O b. - CITY of ORONO � ti � �� '�' RESOLUTION OF THE CITY COUNCIL �kESH�g' NO. 314 4 A RSSOLUTION GRANTING VARIANCES TO MLTNICIPAL ZONING COD$ S$CTION 10.22, SDBDIVISION 2 AND S$CTION 10.24, SIIBDIVISION 5 (B) � FII.B #1756 WHEREAS, Robert E. Wilson (hereinafter "the applicant") has an interest in the property located at 4156 Highwood Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 23, Highwood Lake Minnetonka, 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 2 to • , permit the reconstruction of a three season screened porch located within the 75-250' setback area where there already exists excessive hardcover at 3,040 s.f. or 39.58$ and only 25� is allowed and a variance to Section 10.24, Subdivision 5 (B) seeking approval of a side setback variance as existing structure is located 2' 9" from the side property line instead of the required 10'. NOW, THEREFORE, BE IT RESOLVI�D by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1756.� '� 2. The property is Iocated in the LR-1B, Single Family Lakeshore Residential Zoning District requiring 43,560 s.f. or 1 acre in area. The property consists of - 11,535 s.f. or .26 acres. � 3. The Orono Planning Commission reviewed this application on July 20, 1992 and recommended approval of the proposed variances based upon the following findings: � - A. The proposed structural improvements to the three season porch. will not involve an expansion of the structure. • Page 1 of 4 � ., ; � � O� • O . O e. - CITY of ORONO � � ti �� G'�' . RESOLUTION OF THE CITY COUNCIL �kES8�4 NO. 314 4 B. The residence was constructed in the early 1940's prior to setback requirements and prior to the City' s shoreland regulations developed in 1973-75. C. The City has received no written or oral comments � from adjacent property owners. 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 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. 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. CONCLIISIONS, ORD$R AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 permitting structural repairs of a three season porch located in the 75-250' setback area where an excess of hardcover exists at 39.58� and a variance,to Section 10.24, Subdivision 5 (B) as porch structure is located 2' 9" from _ the side lot line instead of the required '10', subject to the following conditions: � ,. 1. , Authorities granted by this resolution run with the `- �'� property not. with the applicant, 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 • (July 27, 1993 ) . . � � Page 2 of 4 � 4_ r ` � � O� • O O b. - CITY of URONO � � �� ,'�' RESOLUTION OF THE CITY COUNCIL �kESH�4 Np, 3144 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. 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, other owners of the property, 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 27th day of July, 1992. , • AT ST: . � . . 0 othy al in City Clerk a b ra A. Pete o , Mayor J Diann Goette , cting Mayor L��Z .�-O� Robert E. lson � . �TATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . J. Diann Goetten � The foregoing instrument was acknowledged before me on this 27th day of July 1992, by �,�,K,€�,f��/./,��q�j'�'qri,�l & 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 ' � /�� NOTARY PUBLtC- MINNE30TA • �1 ` V HENNEPIN COUNTY Notar Public My commission explros 8-12-0d Y • Page 3 of 4 � . .. � .. � t, �. :;_ * � O� • O . O b. - CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��`qk'E Og'�G . NO. • 3144 SII STATE OF MINNESOTA ) . � ss. COUNTY OF HENNEPIN ) ��`� da of . 199 On this Y - �- before me a Notar Pub i w'thin and fo id ounty, personally appeared �. ' nown to me to be the person(s ) des ribed in and who ex c t d the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. < � "�• JAMIE L.BOSMA N y PUBLIC •°"' '` �� NOTARY PUBLIC-MINNESOTA � �°,�•� �• My Camm.Fxpires 12-19-97 STATE OF MINNESOTA ) _ )ss. COUNTY OF. HENNEPIN ) On this �p`�'�' day of � , 199�,. before me a Notary Public within and for a'd Cou ty, personally appeared �y��,��, �,�e� �,a,4.P_�ti known to me to be the person(s) described in and who executed the foregoinginstrument, and acknowledged that he (they) executed the same as his (their} free act and deed. � ' rn� . � � NO R PUBLIC � •�"• JAMIE L.BOSMA °"' �` NOTARY PUBLIGMINNESpTA . :. _ . : HENNEPIN CQUMY_ . .. • - . , �� - : �,.��.• � My Comm.Expfres 12-19-97 ._ . _ - � Page 4 of 4 �� • .