HomeMy WebLinkAboutResolution 3117 • ;
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CITY of ORONO
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0 IM c) RESOLUTION OF THE CITY COUNCIL
�kESHOg' NO, 3117
A RESOLUTION GRANTING TRANSFER ENTERED
VARIANCES TO DEPT.OF PROPERTY TAX&PUBLIC RECORDS
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (D) ,
SECTION 10.25, SUBDIVISION 6 (B), JUN 12 1992
SECTION 10.22, SUBDIVISION 1 (A) ,
AND SUBDIVISION 2 W.' MINN,,
FILE #1714 A dr
WHEREAS, Thomas W. Lytle (hereinafter "the applicant" ) is
the owner of the property located at 1935 Concordia Street within
the City of Orono (hereinafter "City") and legally described as
follows :
Lot 12, Fagerness, according to the plat thereof on file and of
record in the office of the Register of Deeds in and for Hennepin
County, Minnesota (hereinafter "the property") ; and
WHEREAS, the applicant has applied to the City for variances
to Municipal Zoning Code Sections 10.03, Subdivision 9 (D) and Section
10.25, Subdivision 6 (B) to allow the construction of a 22 'x26'
detached garage within the street yard of the lakeshore property
located 8'8" from the street setback line where 10' is required and
3' 9" from the side lot line where 10' is required, a variance to
Section 10.22, Subdivision 1 (A) for an attached deck to the lakeside
of the existing residence to be placed 72' from the OHWL of Lake
Minnetonka instead of the required 75' and variances to Section 10.22,
Subdivision 2 involving hardcover variances within the 0-75' setback
area seeking approval of 56.2 s.f. or 1% hardcover where none is
allowed and within the 75-250' setback area seeking approval of
hardcover variance involving 2,799.34 s.f. or 32% of hardcover where
2,205.7 s.f. or 25.2% exists and where only 25% is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1714.
2. The property is located in the LR-1C, Lakeshore Residential
Zoning District requiring a 1/2 acre in area. The property
consists of 14, 362.5 s.f. or .33 acres.
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i i 0 RESOLUTION OF THE CITY COUNCIL
keswzA NO., 3117
3. The Orono Planning Commission reviewed this application on
February 18, 1992 and April 20, 1992, and recommended
approval of the variances as amended based upon the
following findings:
a) The 15' high lakeside banks shield the proposed deck
from the views at lakeshore.
b) The lakeside deck will not encroach the average
lakeshore setback determined by the closest projections
of the decks on the adjacent properties.
c ) Location of view windows of applicant' s residence,
location of mature trees within the side and lakeshore
yard and location of a house to the immediate south are
factors which limit the locating of deck on this
property.
d) The proposed deck will meet the Minnesota Department of
Natural Resources 50' minimum setback for general
development lake such as Lake Minnetonka.
e ) Proposed detached garage shall encroach no closer
within substandard street or side setbacks of current
garage.
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 proposed variance on the health, safety and
welfare of the community.
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: ,. CITY of ORONO
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. 0 lit0 RESOLUTION OF THE CITY COUNCIL
�Ikesi.l& NO, 3117
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
10.03, Subdivision 9 (D) , Section 10.25, Subdivision 6 (B) , Section
10.22, Subdivision 1 (A) and Section 10.22, Subdivision 2 to permit
the construction of a lakeside deck to the southwest side of the
existing residence to be placed 72' from the 929.4 elevation of Lake
Minnetonka and a 22'x26' detached garage to be located 8' 8" from the
street lot line and 3' 9" from the side lot line and 56.2 s.f. of
hardcover within the 0-75' setback area and 2, 799.34 s.f. or 32%
hardcover within the 75-250' setback area, subject to the following
conditions:
1. Authorities granted by this variance approval 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 (May 11, 1993).
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, his heirs, successors and assigns, hereby agrees to
the recording of this resolution in the chain of title of
the property.
Adopted by the Orono City Council on this 11th day of May,
1992.
ATT: •T:
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/� �� �� p
worot H- 1lin i 'y Clerk Barbara A. Peterson, Mayor
1 -7 if 4,
Prose ty Ower' );
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•^.4 001 , , CITY of ORONO
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"Sw i;^to., 0 RESOLUTION OF THE CITY COUNCIL
49kESH04� NO, 3117
STATE OF MINNESOTA )
ss .
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
11th 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.
06A, 4..-Liz_ X>2
• . JAMIE L.BOSMA
:' . NOTARY PUBLIC-MINNESOTA Nota y Public
o '.• HENNEPIN COUNTY 'i 1
...•° My Comm.Expires 12-19-97
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3 ��- CITY of ORONO
14.4 ,V;^it'll 4C.)
GRESOLUTION OF THE CITY COUNCIL
4 S103 ' NO. 3117
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this //4-1- day cf C-i4- , l99 <.:9
before me a otary Publ ' c w' thin and„ for said county, personally
appeared 1-(-). 'yam �.¢--e-e_ 6-tc1-xte-'u
known to me to be the e son(s)/ described in and who executed the
p ( f
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
. ,.. JAMIE L.BOSMA ' / !!!
C� '. NOTARY PUBLIC-MINNESOTA i ��
S' HENNEPIN COUNTY NOTA' PUBLIC
My Comm.Expires 12-19-97 ,
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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RESOLUTION #3117
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 May 11 , 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
____13th , day of May , 1992 .
0 othy� tallin , City Clerk _ ^_
(SEAL)
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5925093
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OFFICE or CC!,'NTY RECORDER
HENNEPA CCjiTY,M:YiESOTA
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AS E.:. 5925093
CORDER
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