The URL can be used to link to this page

Home My WebLink About#3443-variance-1994 � �' - �' ��' CITY of O1�ON0 O ; O �;�.��,��> RESOLUTION OF THE CIT'Y COUNCIL 1 1' l' � ,�1�1,�� A. NO. `� � �' e� ti �'�9! �'; �� 'T�,Gti kEsHog' A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B) FII,E #1936 VVHEREAS, Charles E. Troyak and Mary C. Troyak (hereinafter "the applicants ) are owners of the property located at 2525 Kelly Avenue within the City of Orono �� (hereinafter "City") and legally described as follows: Lot l, Block 5, TOWNSITE OF LANGDON PARK, and that part of adjoining vacated Kelly Avenue lying northwesterly of the northeasterly extension of the southeasterly line of said lot, and southeasterly of Tract D, Re�istered Land Survey No. 1428, Hennepin Countv. Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit the construction of an addition to the west side of the residence that will be located approximately 33' in front of an average lakeshore setback line where no such encroachment is allowed.. NO«', THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1936. 2. The property is located in the LR-1B, Lakeshore Residential Zoning District requirinQ 1 acre in area. The property consists of 2+ acres. 3. The Orono Planning Commission reviewed this application on June 20, 1994, and recommended approval of the variance as proposed based upon the following unique findings and hardships: Page 1 of 4 Form 5005 Disk Oo� . ' 's �. . � ��' CITY of ORONO O_:�; m O �-.:�_� � RESOLUTION OF THE CITY COUNCIL ,''�,� ��' �, NO. e� 4 � e3� � ' `� � ��9� og�G ESS A. The Troyak residence was constructed some 85 years ago, prior to development of standards for shoreland properties. B. All current standards for development are met except for the average lakeshore setback. C. � The house to the west has no view windows on the east side. D. The residence to the east will not see the addition as it will be placed entirely behind the existing residence. E. There is a mature woods between the residence to the west and the Troyak residence. F. The residence to the west is located approximately 150' from the Troyak residence. G. Curvature of the shoreline has impacted the average lakeshore setback line. 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; 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 applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 4 F�soos o��o« • v � � � �� CITY of ORONO O -:, . O � ��-:� ,� � RESOLUTION OF�4� COUNCIL � � ��'�'� �, NO. . , ,ti ��9x, og�G ESI; CONCLUSIONS, ORDER 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 1 (B) to permit the construction of an addition to the west side of the residence that would be located in front of the average lakeshore setback line located at 2525 Kelly Avenue, subject to the following conditions: 1. Authorities granted by this resolution run with the property not with the applicants, 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 (June 27, 1995). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 27th day of June, 1994. A ST: � � \\� � / orothy M. , City Clerk ward J. Cal , Jr., Mayor � � . Property Ow r(s) Page 3 of 4 Fwm SWS DifY fr� . . * . y � Y � ��' CITY of ORONO O_-,.�. O ��-.��,T, � RESOLUTION OF THE CITY COUNCIL � ��r��, � � rro. � 41"-- � � � ' G~ �`�kEsi;og'� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of June, 1994, by Edward J. Callahan, Jr. & 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 �n�� NQTARY PUBIIC - MINNESOTA �HEN�N�E�� Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this a �1h day of J'un� , 199�, before me a Notary Public within and for said County,personally appeared � • 4 Q� a��'P� known to me to be the person(s) described in and who xecuted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �� LINDA S. VEE � v�� NOTARY PUBUC - MINNESOTA MyH<wmmEasl�o��I�tMNe-TM2�oe Noia Public �. STATE O NESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ,� �� day of � ,�� _, 199�, before me a Notary Public within and for said County,personally appeared_ �'ha�'l e s E • �ro v Q�, /v1 d r��'-e 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. �a., _ �/�— LINDA S. VEE NOt3 PUbI1C NOTARY PUBUC - MINNESOTA :c MyHw�mm E c�n e pO�UNT 2� . Page 4 of 4 r�soos o��a�;