HomeMy WebLinkAbout#3144-variances-1992 �
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� e CITY of ORONO
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'�' RESOLUTION OF THE CITY COUNCIL
�t�kE H04`'�G NO. 314 4
S
A R$SOLDTION GRANTING
VARIANCSS TO MIINICIPAL ZONING COD$
SSCTION 10.22, SIISDIVISION 2 AND
SECTION 10.24, SIIBDIVISION 5 (B)
FIL$ #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, THERSFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1756.
2. The property is located in the LR-ZB, 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 P lanning 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.
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'�' RESOLUTION OF THE CITY COUNCIL
�L9kE I�Og'�G NO. 314 4
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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, ORDffit 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:
l. 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 ) . .
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RESOLUTION OF THE CITY COUNCIL
��`9ItE p4ti�'G NO. 314 4
SII
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 autvmatically
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: -
�• . v .
0 othy . allin, City Clerk bara A. P er on, Mayor
. Di.ann Goet , Acting Mayor
�
�_ �����.t-d���'
Robert E. Wilson
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 ���}�,�,t,�✓�//���,�"�'� & 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
� � ��
NO HENNEPIN COUN7Y TA Nota y Public
AAy commissfo� explres 8-12-98
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'� RESOLUTION OF THE CITY COUNCIL
�t�kE H04ti�'G NO.
S
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this p� ���' day of �" ' 199�
before me a Notary Public within an or aid county, personally
appeared �p-�QP.t,� r/.�c,�bft, �u.h.oQr�d i.�$p-�e-a�--�`1�- °�°��� known to me to be
the person(s ) descr ' bed in and who exec ted the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
� '
M JAMIE L BOSMA
:"' ' � NOTARYPUBUC-MIND�SOTA r7OT Y UBLIC
., � . ' HENMEPIN COUNTY
•••• My Cor►xn.ExpirEs 12-19-97
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this �(�`�' day of , 199 2, before me
a Notary Public within and fo aid County, personally appeared
4 . i. �'0_._ �/1 l AA . ,,,r,n��;o� .;,a.a-�����✓known to me to be the
�.A Yl["Id i.�.l.�c��riv� �r�.=w�Jt
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.
G�'jvt,c-e.�
NOT PUBLIC
.-�:ti..�.�:�::::.�... . -
° "'• JAMIE L�BOSMA
= " f`+ NOTARY PUBUGMINNESOTA
� �� � HENNEPIN COUNTY
'°,""` � My Comm.Expires 12-19-97
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