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Home My WebLink AboutResolution 1578 I r � Ci.t o� ORONO. .�i � � RESOLUTION OF THE CITY COUNCIL NO. 1578 , • • � • • Granting A Variance to Ordinance 173 of the Municipal Code � (L.M.C.D. Ordinance 3.02 Subdivision 2 (b) ) - File 765 Whereas, Rudolph A. Hoch is the owner (hereafter "owner") of a property located at 875 Partenwood within the City of Orono (hereafter "City") and legally described as Lot 6, Block 2, Partenwood (hereafter "property") ; and Whereas , the applicant has applied to the City for a variance to Ordinance 173 of the municipal code (L.M.C.D. Ordinance . 3 .02 Subdivision 2 (b) adopted by the City of Orono on December 19 , 1974) to permit the construction of a 60 feet length dock to be located 0 feet � from the extended side property lines instead of the required 15 feet. Now, Therefore Be It Resolved by the City Council of Orono, Minnesota : � Findings 1 . This application was reviewed as zoning file no. 765 . , 2. The property is located in the LR-1B Single Family Lakeshore Residential zoning district. 3. The residential dock will be constructed so that the dock and. the boat at the slip will i�ot encroach the extended side lot lines 60 feet from the shoreline. 4. The Orono Planning Commission reviewed this application on August 15, 1983 , and recommended approval of the proposed variance based upon the following findings: a) The shoreline along this section of Stubbs Bay is severly curved with shallow depths . b) The lot was platted with only 71 feet of shoreline. c) The two neighbors on either side of Lot 6, Block 2, Partenwood have signed affidavits approving the proposed location and use of the dock. . . d) The proposed use is consistent with the pattern of residential dock use within the Stubbs Bay neighborhood . _---- . �_, :•• `°' . � 1 - � • � Cit� o� ORONO � RESOLUTION OF THE CITY COUNCIL NO. 1578 • � • � • • 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff , cdmments by the owner and other interested persons, and the effect of the proposed variance on the health, safety and welfare of the community. 6. 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 neighbori�g property; would not merely serve as a convenience to the owner , but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the owner ; and would be in keeping with the spirit and in,tent of the zoning code and comprehensive plan of the City. • CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Ordinance 173 to allowconstruction of a 60 feet dock to be located 0 feet from the extended side property lines instead of the required 15 feet subject to the following conditions : 1 . Upon application for a buildinq permit to construct a dock, the owner must provide a survey designatinq the location of the dock and boat slip in relation to extended side lot lines . 2. Dock wi�h boat slip may not cross the extended lot lines . 3. The dock structure will be limited to one boat. 4. A building permit for the dock can not be issued until a certificate of occupancy is issued for the principal structure . 5. No other variances are granted or permitted for this structure. • , •, f' , � l Clt� o� ORONO RESOLUTION OF THE CITY COUNCIL . NO. 1578 • , • - • • . 6. Violation of or noncompliance with any of the terms and conditions of this variance� shall constitute a violation of the zoning code, shallautomaticallyterminateanyauthority granted herein, and shall be plinishable as a misdemeanor . 7. , 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. - Adopted by the Orono City Council on this 12th day of September , 1983. ATTEST: CITY OF ORONO �-��''��7'y/ -�� • City Clerk Mayor (1) � � �1/� Pro erty Owner (s) (2) � ' , . Property Owner ) (3) Property Owner (s) . • � • . . .„ - . r .� c , M � C�t� o� ORONO RESOLUTION OF THE CITY COUNCIL NO. 1578 � , • • • • STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this a� '�' day of �e�.�J , 1983 , before me a Notary Pu lic , within an for said County, personally appeared ,�� known to me to be e person(s) d scri ed in and who executed the foregoing instrument, and acknowledqed that �e (they) executed the same as � (their) free act and deed . °"�`� GEORGIq /y�, � NECSON NO ARY BLIC p� ' NOTARY PUDLlC—MINNESOTq MY COMMISOION 6XPEHQB pgCUNTY . . 7 1flD3 � ��g�� MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��`-'� day of C�� , 1983 , before me a Notary Public within an for said County, personally appeared �� fjp y� �`'�, known to be the pers n (s) described i and who executed the oregoing instrument, and acknowledged that � (they) executed the same as -�-i�- (their) free act and deed . � . � . -. GEORGIA M. NELSON NO ARY BLIC = NOTARY PUBLIC—MINNESOTA � HENNEP�N G�UNTY , MY COMMISSION EXPIR£S DEC.7r 1983 /'/� , � �J I�� `y MY COMMISSION EXPIRES � ti� . �., .' �s � . � , ,, � � clt� o� oR,oNO � RESOLUTION OF THE CITY COUNCIL NO. IA578 • • • � • • STATE OF MINNESOTA ) ) ss. , COUNTY OF HENNEPIN ) On this • �� "�� day of U�e�� , 1983, before me a Notary Public within an for said County, personally appeared o�J v �'� r.�J known to me to be e person(s) described in and w o executed the foregoing instr�ument, and acknowledged that � (they) executed the same as Y�- (their) free act and deed . �`�. GEORGIA M.NELSON � NO ARY BLIC �,: NOTARY PUB!IC-MINNESOTA —': HENNEPIN D�C 7T1fl89 htY COMMISS��N EXPIRES � � � �. / �d'..� 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 �