HomeMy WebLinkAboutResolution 1568 � ,i ,
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` � Cit� of ORONO
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RESOLUTION OF THE CITY COUNCIL
..��. 1568
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Granting A Variance To Municipal
Zoning Code Sections 34.2H1, 34.2H2
and 34.552 - File 777
Whereas, Glenn C. Upton is the owner (hereafter "owner") of
a property located at 3685 North Shore Drive within the City of Orono
(hereafter "City") and legally described as Lots 6 and 7, Crystal
Beach; and all of Lot 2, Block l , Crystal Bay View, Hennepin County, �
Minnesota , except that part of said Lot 2 embraced in the plat of
Crystal Beach, (hereafter "the property") ; and
Whereas , the applicant has applied to the City for variances
to Municipal Zoning Code Sections 34. 2P11 , 34. 202 and 34. 552 to permit
new construction within a defined , approved building envelope on a
substandard lot that has an established residence; all new
constructionmaybe placed 50 feet from the lakeshore instead of 75 feet
as required per Section 34. 201 , all new construction may be placed
• within 0 feet of the Hennepin County access road right of way instead of
30 feet as required per Section 34. 552 and all new construction will be
limited to a 4.7g or 585 square feet increase in hardcover over the
existing 730 square feet within the 0 to 75 feet setback area where none
is allowed per Section 34. 202.
Now, Therefore Be It Resolved by the City Council of Orono ,
Minnesota :
Findings
1 . This application was reviewed as Zoning File No. 777. �-.-
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 variance as
proposed based upon the following findings:
a) The approved building envelope for all new construction
meets the intent and objections of the environmental .
standards of' the Comprehensive Plan.
b) The proposed improvements of this property is consistent
with the pattern of improvements on neighboring lots .
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. : Cit� of ORONO _
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RESOLUTION OF THE CITY COUNCIL
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c) There has been an established residence on the property
. for over 5� years.
d) The property is sewered .
e) The City has received no negative comments from the
property owners notified during the review of application
no . 777. .
f) There is no additional land available to be combined with
this substandard property.
g) Major portions of the buildable area is located within the
0 — 75 feet setback area.
h) Location of County right of way access road limits
• building envelope.
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 other interested
persons, 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 va�iance �
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 a demonstrable hardship ordifficulty; isnecessary to �
preserve a substantial prope�rty right of the owner ; and would be
in keeping with the spirit and intent of the Zoning Code and
Comprehensive Plan of the City.
CONCLQSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants
variances to Zoning Ordinance Sections 34. 201 , 34. 202 and 34. 552 to �
permit new construction on the property that may be placed 50 feet from
the lakeshore instead of the required 75 feet, �6 feet from the Hennepin
� County road right of way instead of the required 30 feet and to permit a
4:7$ or 585 square feet of hardcover over the existing 730 square feet
where none is allowed , subject to the following conditions:
. � [A�\ � Ci.ty of ORONO
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'`.:;�;' RESOLUTION OF THE CITY COUNCIL
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1 . The detached garage must be removed a.t the time a building permit is
issued for the building of a new garage. �
2. The City will grant no future variances to this property.
3. Violation of or noncompliance with any of the terms and
conditions of this variance shall constitute a violation of the
zoning code, shallautomatically terminateany authority granted
herein, and shall be punishable as a misdemeanor .
4. The undersigned owner has read , understood and hereby agrees
to the terms of this resolution and on behalf of himself, his
heirs, successors a�d 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 llth day of October , 1983.
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ATTEST: � CITY OF ORONO
City Clerk Mayor
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Property Owner (s) .
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Pro perty Owner (s) .
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Property Owner (s) � • .
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. _ Ci.t� of ORONO
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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 me to
be the person (s) described in and who executed the foregoing
instrument, and ackno�ledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
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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 tre the -<�.-
person (s) described in and who executed the foregoing instrument, and
acknowTedged that he (they) executed the same as his (their) free act �
and deed.
NOTARY PUBLIC
� MY COMMISSION EXPIRES �
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. ' � ^ Ci.t� of ORONO
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RESOWTION OF THE CITY COUNCIL
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. STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 1983 , before me a Not�ry
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
• 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 � �
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This instrument was drafted by:
City of Orono
P.O. Box 66 � .
Crystal Bay, MN 55323 .
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