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Home My WebLink AboutResolution 3142 w, ✓ 3 I 0 0 0 =- .. to- _ CITY of ORONO lk� i;�;t ��, RESOLUTION OF THE CITY COUNCIL -kESIiOg' NO. 3142 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B) AND SUBDIVISION 2 FILE #1752 WHEREAS, George W. Kalweit and Katherine M. Kalweit (hereinafter "the applicants") are owners of the property located at 4265 Forest Lake Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 8, Block 2, Forest Arms, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Subdivision 2 to permit major structural repair to an existing deck located 69 feet from the shoreline instead of the required 75 feet and seek approval of a hardcover variance within the 0-75 foot setback area where no hardcover is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1752. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District requiring 1 acre in area and the property consists of .86 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 home was built in 1970 prior to the current lakeshore development ordinances adopted in 1973- 1975. B. The deck is in a hazardous condition requiring major structural repairs. Page 1 of 4 0 0 g. 0 CITY of ORONO � i;.�irk Opti RESOLUTION OF THE CITY COUNCIL 4kESH& NO, 3142 C. Based on the pattern of development of the adjacent properties, the subject deck has no visual impact on the lake views of the adjacent residences. 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 after-the-fact 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 after-the-fact 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 Section 10.22, Subdivision 1 (B) and Subdivision 2 to permit major structural restoration of a deck located within the lakeshore protected area and 105 s.f. of hardcover where no such improvements or hardcover are allowed, subject to the following conditions: 1. Authorities granted by this after-the-fact variance run with the property not with the applicants, but are permissive only and must be exercised by application for a penalty building permit within ten days of the date of Council's approval of this resolution (August 6, 1992 ) . Page 2 of 4 . . (o" vO -= a.- CITY of ORONO 'SA1t' ti ,4 3142 3., 3.,,�M i �c.� RESOLUTION OFT E CITY COUNCIL kzsgO v- NO. 2. Violation of or non-compliance with any of the terms and conditions of this after-the-fact 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 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 27th day of July, 1992. ATS ST: Irl/l / i i // '/ Froth /(fHallin, City Clerk -rbara A. Peter=on, Mayor w J. D ' a n Goette, , Acting Mayor 1 . � U4 , � r / C �► / � i Geor`a W. Kalweit Katherine M. Kalweit 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 B,f'4�j�j W/ljl,/,PAWgl0 & 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. . . 4!, LINDA S. VEE /�J e (f� ,-':,o" NOTARY PUBLIC - MINNESOTA Nota Public :*0-.)-- '' HENNEPIN COUNTY y a�: ;:1 My commission expires 8-12-98 Page 3 of 4 amok. os o t�- CITY of ORONO A „.ioIM titig- 4, .,s, , �O RESOLUTION OF THE CITY COUNCIL 9iCzsli ' NO. 3142 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this '4 , ---61--1- day of ,J (A , 199 before me a N tary Public within and for Said county, personalT appeared e m-gt, t,u , lea 1 i w e 1-frn a f r, e a' 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. LINDA S. V � � ,.lr" NOTARY PUBLIC - MINNESOTA NOTARY PUBLIC HENNEPIN COUNTY e My commission expires 8-12-98 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this /5f day of , 1992, before me a Notary Public within an for sa4 y, personally appeared 13c L �� T baa 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. Q', L.BA NOTLIC- ESOTA NOTRY�..•• My Comm.Exp9 Page 4 of 4 RESOLUTION #3142 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 28th , day of July , 19 92 . /42./itajoi, orothy I allin , City Clerk ( SEAL)