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Home My WebLink AboutResolution 1567 �. ti • . Cit� of ORONO � • . � RESOLUTION OF THE CITY COUNCIL � � NO. 1567 � • � • • - Granting A Variance to Municipal Zoning Code Sections 34.201, 34.202 and 34.452 - File 771 Whereas, Larry Grabill (hereafter "the applicant") has an � interest in the property located at 135�J Rest Point Lane within the City of Orono (hereafter "City") and legally described as follows : -a � � That part of Lot 21 in Subdivision of Lot 14 , Rest Point Park � Lake Minnetonka , lying Northerly of a line running from Southwest corner of said Lot 21 to a point on the Easterly line of Lot 16, said subdivision, distant one foot Southerly from Northeast corner of said Lot 15, including adjacent half of vacated alley; ALSO that part of Government Lot 2, Section 7, Township 117 North, Range 23 West of the 5th . Principal Meridian, described as follows: Beginning at the most Northerly corner of vacated Lot 20 in "Subdivision : • of Lot 14, Rest Point Park Lake Minnetonka" , thence Northeasterly along the Southeasterly line of Rest Point Road 6 feet to the centerline of the vacated alley in said subdivision; thence Southesterly along said centerline to an extension of the Northwesterly line and its extension 12 feet to a point 6 feet Southwesterly of the most Northerly corner of said Lot 21; thence Northwesterly to a point on the Southeasterly line of Rest Point Road 6 feet Southwest of the most Northerly corner of said vacated Lot 20; thence 6 feet Northeasterly to the point of beginning , (hereafter "property' ) ; and Whereas, the applicant has applied to the City for variances to municipal zoning code sections 34. 2�1 and 34. 20J2 to permit the construction of a new residence 36 feet from the lakeshore instead of the required 75 feet and to approve an increase of 7� in hardcover over the existing 835 square feet or 18� within the 0 - 75 feet setback area where none is allowed and an increase of 3$ in hardcover within the 75 feet to 250 feet setback area where only 25$ or 1 ,424 square feet of hardcover is allowed and to section 34.452 to permit the principal structure to be located 6 feet from the south side property line instead of the required 10 feet. • 1 ` • . Ci.t� of ORONO d i � RESOLUTION OF THE CITY COUNCIL � � NO'. 156 7 � • � • • , Now, Therefore Be It Resolved by the City Council of Orono , Minnesota : � Findings 1 . This application was reviewed as zoning file no. 771 . �-� 2. The property is located in the LR-1B Single Family Lakeshore Residential zoning district. 3. The Orono Planning Commission reviewed this application on September 19, 1983, and recommended approval of the proposed variances as amended based upon the following findings: a) The amended plan will permit new construction f urther � removed from the lakeshore rather than at 26 feet from the lake where the existing cabin is located . • b) The property could never be de�eloped to meet all . standards of the LR-1B zoning district or the standards for lakeshore development within the City. c) A year round residence has existed on the site for over 30 years. d) The property is sewered . � e) There is no available vacant land available to be combined with property. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff , comments by the owner and the effect of the proposed variance on the health, safety and welfare of the community. � 5. 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 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 • alleviate ademonstrable hardship or difficulty; isnecessary to preserve a substantial property right of the owner ; and would be in keeping with the spirit and intent of the zoning code and comprehensive pla.n of the City. . } . . Ci.t� of ORONO • d RESOLUTION OF THE CITY COUNCIL . � � NO: 1567 ' � � • � • • . CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings , the Orono City Council hereby grants variances to Zoning Ordinance Sections 34. 2�1 and 34. 202 to permit the � construction of a new residence 36 feet from the lakeshore instead of the required 75 feet and to approve an increase of 7� in hardcover over the existing 825 square feet or 18$ within the 0 - 75 feet setback area ��; where-none is allowed and an increase of 3� in hazdcover within the 75 feet to 250 feet setback area over the allowed amount of 1, 424 square . feet or 25�, and to Section 34. 452 to permit the principal structure to be located 5 feet from the south side property line instead of the required 10 feet subject to the following conditions: l . No new structure may be located within the 0 - 75 feet protected area - this includes decking , patios and walkways . � 2. No other variances are granted or permitted for this • structure. 3. The City will grant no future variances to this property. 4. Authorities granted by this va•riance run with the property not with the owner , but are permissive only �nd must be exercised by appl ication for a building permit within one year of the date of � Council approval , or this variance will �expire on that date (October 11 , 198�1) . 5. 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 . 6 . 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 resolution in the chain of title of the property. i � . Ci.t� of ORONO d . • . RESOLUTION OF THE CITY COUNCIL � � Np. 15 6 7 � � • - • • Adopted by the Orono City Council on this llth day of October , 1983. ATTEST: CITY OF ORONO ��.��,�� G � City �Clerk Mayor , Q /�., ' �. /� (1) .�U�( IGc.Jt.e�-� SbYla-� pert Owner (s) _ • (2) Property Owner (s) �3) , Property Owner (s) . . . . ., . . Clt� of ORONO . e RESOLUTION OF THE CITY COUNCIL � � � NO. 1567 � � - • • STATE OF �MINNESOTA ) ) ss . . COUNTY OF �HENNEPIN ) On this �3 day of �'TD�'E�' , 1983, before me a Notary P blic within a o said County, personally appeared ��9,P,(� G2AB/LG I�iU/J ��PD/U� /CC !/SB �t1 d�ixr known to me to � e t e person(s) descri .��ed in a d w o executec� the foregoing instrument, and acknowledged that e (they) executed the same as his (their) free act and deed . � .- _..._ -. , , �;� DOROTHY M. HALLiN; ` ARY PUB C NdTARY PUQLIC-MIINNE80TA �,,� HENNEPIN COUNTY �,,.....`My commtstton�xpkee Q,2�.p / _ ��' �a • • �� MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) � On this day of� , 1983, before me a Notary Public within and for said County, personally appeared known to be the person(s) described in and who executed the oregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed . ' NOTARY PUBLIC MY COMMISSION EXPIRES • J � .. • . . . Cit of ORONO d � • � RESOLUTION OF THE CITY COUNCIL a� � NO. 15 6 7 � • � • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ' day of , 1983, before me a Notary Public within and for said Co°unty, personally appeared "-; -- known to me to be the person(s) described in and w o executed the foregoing 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. � Bruce D. Malkerson, City Attorney . State Deed Tax Due Hereon : Exempt � This instrument was �drafted by: City of Orono P.O. Box 6�i Crystal Bay, MN 55323 •