HomeMy WebLinkAboutResolution 1562 >= • � .
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. : �:�:�� City of ORONO
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- RESOLUTION OF THE CITY COUNCIL
� � NO: 1562
�' �`�` GRANTING A VARIANCE TO MUNICIPAL ZONING �
. • � • � CODE SECTIONS 34.201 AND 34. 2H2 - FILE #774
WHEREAS, John Allenburg is the owner (hereinafter "owner") of property
legally described as Lot 1, Block 2, Partenwood (hereinafter "property") ,
located at 855 Partenwood Road located within the City of Orono (hereinafter
"City") ; and �
WHEREAS, the owner has applied to the City for a variance to Municipal
Zoning Code Section 34. 2�1 to permit the construction of an attached two stall
garage located 39 feet from the east/channel shoreline instead of the required 75
feet and 65 feet from the shoreline of Maxwell Bay instead of the required 75 feet
� and to Section 34. 202 to allow an increase of 576 sf of hardcover within 75 feet of
the lake over the existing 5,�76 sf where no hardcover is permitted . �
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono , Minnesota :
" FINDINGS
1 . This application was reviewed as zoninq file #774 .
• 2. The property islocated in the LR-1B Single Family Lakeshore Residential
Zoning District.
3. The Orono Planning Commission reviewed this application on August 15,
1983 , and recommended approvalof thevariances based upon thefollowing
findings: --
a) The lot is a peninsula and not wide enough to meet the required building
setbacks from the lakeshore.
b) The lot was approved as a building site in 1975 after the lakeshore
protective standards were established by the City.
4 . The City Council has considered th�is application including the findings
and recommendations of the Planning Commission, reports by City staff ,
comments by the owner and other interested persons , and the effect of the
proposed variances on the halth , safety and welFare of the communitye
5. The City Council finds that the conditions existing on this property are
peculiar to it an do not apply generally to other property in this zoning
district: that .granting the variances would not adversely effect
traffic conditions , light, air nor pose a fire hazard or other danger to
neighboring property; would not merely serve as a convenience to the
owner , but is necessary to preserve a substantial property right of the
• owner ; and would be in keeping with the spirit and intent of the zoninq
code and comprehensive plan of the City.
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. ��z, City of ORONO
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z��� RESOWTION OF THE CITY COUNCIL
Q�.-::,�;:�': � NO, 1562
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CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings the Orono City Council hereby grants
variances to Sections 34. 201 and 34 . 202 to permit construction of an attached two
stall garage on the property legally described above to be located 39 feet from the
east/lagoon shoreline and 65 feet from the shoreline of Maxwell Bay instead of the
required 75 feet and to allow an increase of 576 sf of hardcover within 75 feet�of
the lake where none is allowed subject to the following conditions :
1. No other variances are granted or permitted for this structure .
2. The City will approve no future variances for this property. �
3. Authorities granted by this variance run with the property and not with
the owner , 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 (September 12, 1984) .
• 4. Violation of or noncompliance 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 . ,
5 . The undersigned owner 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 reolution in the chain of
title of the property.
Adopted by the Orono City Council on this 12th day of September , 1983 .
ATTEST: CITY OF ORONO
���-�j/iZ��2s�G�` �%�� _
Alberta M. Strom, City Clerk � ary C. Butler, Mayor
� �- ;
operty Owner (s) �-
G�C%x��
Pr perty Owner (s) ,
• Property Owner (s)
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c r . .
_,::,:,:� C�t� of ORONO
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RESOLUTION OF THE CITY COUNCIL
Q� ' . NO. 15 6 2 .
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STATE OF MINNESOTA ) �
) ss .
COUNTY OF HENNEPIN )
On this �� � ay of , 1983, before me a Notary
li ' tfii'n o d o y erso lly appea�ed
�
� known to me to be
e person (s) e ri ed in and w o exec e t e orego g instrument , and
acknow].edqed that he (they) executed the s me his (their) free act nd deed .
�''`�� DOROTHY M. HALUN 1
Nor�r Pusuc.MiNr�� o t r y P u b 1 i
��, HENNEPIN COUNTY
.�___.__�canmis:lon sxptra 6�2e-00 . /` — �
!O �
• My Commission Expires
STATE OF MINNESOTA )
) ss . �
COUNTY OF HENNEPIN )
On this day of , 1983 , before me a
-,
Notary Public withinand for said County, personally appeared
known to me to e t e 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 .
My Commission Expires
• .
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. ; Cit� of ORONO
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d .
, :i RESOWTION OF THE CITY COUNCIL
� � NO. 1562
� ,
• ' • •
STATE OF MINNESOTA ) .
) ss . �
COUNTY OF HENNEPIN )
On this � day of , 1983 , before a
Notary Public within and for said County, personally appeared
known to me to be
t e person (s) escri e in an w o execute t e oregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed .
Notary Public
• My Commission Expires
This document is being recorded for the benefit of the City of Orono per Minnesota
Statutes 386 . 77. �
State Deed Tax Due Hereon: Exempt . _
This instrument was drafted by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323 �
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