HomeMy WebLinkAboutResolution 3122 � _ z.r
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e � CITY of ORONO
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'�' RESOLUTION OF THE CITY COUNCIL
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�kES8�4 NO. 312 2
A R$SOLUTION GRANTING
AFTER-THS-FACT VARIANGSS TO MIINICIPAL ZONING CODE
SECTION 10.22, SIIBDIVISION 1 (B) , '
� SECTION 10.22, SIIBDIVISION 2 AND
SSCTION 10.23, SIIBDIVISION 6 (B)
FILE #1698 .
WH$R$AS, James P. Rivers (hereinafter "the applicant")
is owner of the property located at 1442 Shoreline Drive within
the City of Orono (hereinafter "City") and legally described as
follows:
(P.I.N. 11-117-23 22 0005) SECTION 11, TOWNSHIP 117, RANGE
23 COMMENCING AT A POINT ON LARE SHORE OF LAKE MINNETONKA
WHICH POINT IS DISTANT 70 FEET NORTHWESTERLY AT RIGHT ANGLES
FROM A LINE BEARING NORTIi 67 DEGREES 48 MINUTES EAST FROM A
• POINT WHICH IS SOUTH 10 DEGREES EAST DISTANT 836.5 FEET FROM
NORTHEAST CORNER OF LOT 1 THENCE SOUTH 67 DEGREES 48 MINUTES
WEST TO SHORE OF MUD LARE THENCE NORTHWESTERLY ALONG SHORE
OF MUD LAKE TO A LINE PARALLEL WITH AND DISTANT 50 FEET
NORTHWESTERLY AT RIGHT ANGLES FROM THE LAST PRECEEDING
DESCRIBED LINE THENCE NORTH 67 DEGREES 48 MINUTES EAST TO
SHORE OF LAKE MINNETONRA THENCE SOUTHEASTERLY TO BEGINNING
EXCEPT ROAD, Hennepin County, Minnesota (hereinafter "the
property"); and
WH$R$AS, the applicant has applied to the City for �
after-the-fact variances to Municipal Zoning Code Sections 10.22,
Subdivision 1 (B) , Section 10.22, Subdivision 2 and Section
10.23, Subdivision 6 (B) to permit a roofed/screened porch
measured by staff at 21' 6" x 15' 6" located 9' from the
shoreline instead of the required 75', resulting in 318 s.f. of
additional hardcover where 1,439.01 s.f. or 38.3� exists and
where none is allowed and side setback variances for structure
located 14' from the right side yard and 20' from the left side
yard where a 30' setback is required.
NOW, THERSFORE, B8 IT RESOZV$D by the City Counci 1 of
Orono, Minnesota:
FINDINGS
• 1. This application was reviewed as Zoning File #1698. .
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
9kESH�g' NO. 312 2
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 9,250
s.f. �
3 . The Orono City Council reviewed this application on May
11, 1992, and conceptually recommended approval of the
after-the-fact variances based upon the following
findings:
----�-.
A. The unauthorized addition has existed on the
property for approximate ly 15 years.
. B. Applicant has agreed to remove 240 s.f. of
existing paved/gravel hardcover to be replaced
with grassed area located within the 75-250'
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 reports by City staff, comments by the
applicant and the effect of the proposed after-the-fact
variances on the health, safety and welfare of the
community.
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�� `G'�'� RESOLUTION OF THE CITY COUNCIL
��kESH�g'� NO. 312 2
CONCLIISIONS, ORDSR 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 10.23, Subdivision 6 (B) al lowing a roofed/screened
deck installed at the lakeside of the existing residence and
granting a 53' or 70.6� lakeshore setback variance, a 318 s.f. or
8.48� hardcover increase in the 0-75' setback area and a right
side set setback variance of 16' or 15.3� and a left side setback
variance of 10' or 3.3�, subject to the fol lowing conditions:
1. Applicant is being advised that major structural repair
of the roofed/screened deck in the future wil 1 require
' City approval.
• 2. Applicant shall install 240 s.f. of grassed area
adjacent to County Road 15 located within the 75-250'
setback area. �The grassed area shall be installed by
July l, 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 sha 11 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 tit le of the property.
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��� �G'�'� RESOLUTION OF THE CITY COUNCIL
�kESH04 NO. 312 2
Adopted by the City Council of the City of Orono,
Mi nesota at a regular meeting held on the 26th day of May, 1992.
AT ST:
� • `
othy . Hallin, ty Clerk Barbara A. Peter on, Mayor
Pro erty Owner(s
STATE OF MINNESOTA )
. ) ss.
• COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 26th day of May 1992, 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.
�f
Nota y Public
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LINDA S. VEE
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
� My commission expires&12-98
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b - CITY of ORONO
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��L �G'�'F RESOLUTION OF THE CITY COUNCIL
�kESH�� � NO. 312 2
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /��h day of � : � , 199 3
before me a Notary Public within and or said county, personally
appeared �1�'�'Y►�s � �%d2�'.s i✓Y��r�v�:Q�
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. VEE �,�
NOTARY PUBLIC - MINNESOTA �
HENNEPIN COUNTY NOTARY PUBLIC
, � My commission expires 8-12-88
� 1
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
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