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HomeMy WebLinkAboutResolution 3143 POPHAM HAIK SCHNOBRICH & K A U F M A N, LTD. U.S.OFFICES: _ SUITE 3300 INTERNATIONAL OFFICES: 222 SOUTH NINTH STREET - DENVER,COLORADO LEIPZIG, GERMANY MINNEAPOLIS, MINNESOTA 55402 TEL 303-893-1200 TEL 01137-41-4918471 TEL 612-333-4800 MIAMI, FLORIDA FAX 612-334-8888 STUTTGART, GERMANY TEL 305-530-0050 TEL 01149-711-296303 WASHINGTON, D.C. (612) 334-2533 -- _ . 1 TEL 202-962-8700 August 20, 1992 Avv Ms . Jeanne Mabusth W. =' CITY OF ORONO --A P.O. Box 66 Crystal Bay, Minnesota 55323 Dear Ms . Mabusth: Enclosed are original documents which have been filed in Hennepin County: Resolution No. 3070, recorded as document no . 5945805 on July 23 , 1992; Resolution No . 3135, recorded as document no . . 5942050 on July 16, 1992; Flowage and Conservation Easement and Waiver of Damages, recorded as document no . 5942052 on July 16, 1992; Drainage, Utilities and Trail Easement, recorded as document no. 5942053 on July 16, 1992 . Also enclosed are original Resolution Nos . 3142 and 3143 . These documents cannot be recorded because they are Torrens property and are for variances . Should you have any questions regarding the enclosed documents, please give me a call . Sincerely, emit , Carol Hastings Legal Secretary to Nancy E. Husnik Enclosures 35NEH O O O b: CITYof ORONO RESOLUTION OF THE CITY COUNCIL SH0 NO. 3143 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B), SECTION 10.22, SUBDIVISION 2 AND SECTION 10.25, SUBDIVISION 6 (B) FILE #1754 WHEREAS, E. Leo Bullock (hereinafter "the applicant") is the owner of the property located at 2940 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Tract 0, R.L.S. No. 461 , Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit structural repairs of a deck that encroaches 1' 3" in front of the average lakeshore setback where no such encroachment is allowed, a variance to Section 10.22, Subdivision 2 where the reconstructed deck is located within the 75-250' setback area where an excess of hardcover at 5, 046 s.f. or 45.6% exists and where only 25% is allowed and a variance to Section 10.25, Subdivision 6 (B) as deck is located 9' from the north side property line instead of the required 10'. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1754. 2. The property is located in the LR-1C, Single Family Lakeshore Residential Zoning District requiring 21,780 s.f. or 1/2 acre in area. The property consists of 17,425 s.f. or .4 acres. 3. The Orono Planning Commission reviewed this application on July 20, 1992 and recommended approval of the proposed after-the-fact variances based upon the following findings: A. The house and deck were constructed sometime in 1955 prior to the shoreland regulations of the City adopted in 1973-75. Page 1 of 4 � O� O O CITYof ORONO RESOLUTION OF THE CITY COUNCIL �kESII04� NO, 3143 B. The major structural repair of deck did not involve an expansion from the existing building envelope. C. The lots on Casco Cove are located on a curved portion of shoreline and the slight encroachment of the average setback line has no real impact on the views from the adjacent residences. D. The City has received a letter approving the reconstruction of the deck from the neighbor receiving the most impact from the existing deck. 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivision 1 (B), Section 10.22, Subdivision 2 and Section 10.25, Subdivision 6 (B) that will approve the major structural repairs to an existing deck located l' 3" in front of an average lakeshore setback, improvements to a structure where excesses of hardcover exist within the 75-250' setback area at 5,046 s.f. or 45.6% and where the deck is located 9' instead of the required 10' from the north side lot line. This approval is subject to the following conditions: Page 2 of 4 � O ' V O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL �4 S1404� NO, 3143 1. Applicant shall obtain a penalty building permit from the City within 10 days of the approval of this resolution (August 6, 1992 ) . 2. Authorities granted by this resolution run with the property not with the applicant, but are permissive only. 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 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 City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of July, 199 . AT ST: Ile othy Hallin, City Clerk Bai7bara A. Peterson Mayor J Dainn Goetten, cting Mayor E. Leo Bullock STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) J. Diann Goetten, Acting Mayor The foregoing instrument was acknowledged before me on this 27th day of July 1992, by � 3� / �/� �X,so� & 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. cjUW A. HASE> Notary Public NOTARY PUBUG-VOW�T HENNEPIN COUNTY fly comMISSION EXPIRES&23 98 Page 3 of 4 �. ;.�. � O� O O CITYof ORONO RESOLUTION OF THE CITY COUNCIL `9$Egg04� NO. 3143 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this 7 day of 14ll[ • 199 before me a Notary Public within and for said county, personally appeared /-10/) �. l/©G Sarni x- `u./ ocL , nown 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. LINDA S. VEE /� NOTARYENNEPIN COUNTY TA (/ m commissbn expires &12.68 OT RY PUBLIC 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 PUBLIC Page 4 of 4 RESOLUTION #3143 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin County , Minnesota , do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on _ July 27 19 92 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting . In Witness Whereof , I have hereunto set my hand and seal this 29th day of July19 9� Xor4othyj2112i3n—,— City Clerk (SEAL)