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Home My WebLink About#2895-variances-1990 � � . ` clt� o� oR,oNo RESOLUTION OF THE CITY COUNCIL • NO. 2895 � _ ' W • - • • " �5p�. , '`;, `''' 4 � d r��,''`G✓� U - wqv A RESOLUTION GRANTING "�`� ,-��' � �>ry.,,�..,;;; VARIAPCES TO w�y�" 1�IIINICIPA�. ZONING CODE SECTION 10.22, SQBDIVISION 1 � 2 FILE #1596 WHEREAS, Daryle L. Uphoff (hEreinafter "the applicant" ) is the owner of the property located at 2699 Kelly Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lot 2 , Block 2 , Walters Port, Hennepin County, Minnesota (hereinafter "the property") ; and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 to permit a 4' to 5' encroachment of the average lakeshare setback line for a proposed 10' wide addition and d variance to Section 10.22, Subdivision 2 for proposed improvements located within the 75-250' setback area where excessive amaunts of hardcover exist at 7402 s.f. or 38�. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDIPGS 1 . This application was reviewed as Zoning File #1596. 2. The property is located in the LR-1B Zoning District. 3. The Orono Planning Commissivn reviewed this application on October 15, 1990 and recommended approval of the praposed variances based upon the following findings: a) The City has received no negative comments from the neighbor most impacted by the improvement. b) The existing elevations of the neighboring property to the east and the plantings along the east lot line of the property negate a visual impact by the improvement. c) The house was built in 1973 prior to current standards for lakeshore development. Page 1 of 5 p , �� clt� o� oR,oNo ��:g � RESOLUTION OF THE CITY COUNCIL �::� �' �� NO. 2895 ` �' ` • � , .; � . �' ) • - • � , .. .. � �^,� 4�.,Y . 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that �he 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve 4 substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to permit the construction of additions to the east side of the existing residence requiring an average lakeshore setback variance and hardcover variances within the 75-250' setback area, subject to the fallowing conditians: 1. Applicant shall remove 445.4 s.f. of existing hardcover to offset 389.5 s.f. of new structural hardcover and 55.9 s.f. of new nonstructural hardcover for proposed lakeshore improvements. Total hardcover shall be maintained at 6956.6 s.f. or 35.7$. Hardcover removals are shown an Page 5 of this resolution. 2. Authorities granted by this variance run with the property not with the applicant, 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 (October 22, 1991). 3. Violation of or non-compliance with any of the terms and conditions af this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 5 �::�,. � � � � � � ,�>"�j !' � .�::�:..,.. > Cit� of ORONO f�� ` �� . f ,r. � �� l :,� ,,r;. RESOLUTION OF THE CITY COUNCI L � �m 4� �i � `�_ .. • N O. 2 8 9 5 �5,�.`�`"�� t,. � - • • � p � '. ��t.. ;a. 4. The undersigned appl.icant 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 22nd day of October, 1990. ATTE . v r_ . � � � ,� �, � , „ . ,� . . . . . , - ,, . ; . .� � a , .__ . .r� . 4 .�..,,.,,,,,.,,, or thy M. llin, City C].erk � Jame R. Grabe , Mayor ( `. � (... `tc�c �/�'�"" P operty Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of October, 1990, by James R. Grabek & Dorothy M. Ha11in, Mayor & City C1.erk of the City of Orono, a Minnesota municipa3. corporation and said instrument was executed on behalf of the City. ' HERESA L. NAAB � �,�.�.6►-� � �� µp�ARY PUBI.�C- M�NNES07A NO'tdZ'y Publ.ic HENNEPIN C��N�s2 ! ��mmission exp r Page 3 of 5 Cit� of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 2895 • • • : }, STATE OF MINNESOTA ) � � ) ss. COUNTY OF HENNEPIN ) , ` : -> :.��' y � '- ��. � On this � y -" d�y of �� ,_,k..,� , 199� before me Not�ry Public within �nd for said county, personal �ppe�red �, d- �. known to me t e the per n(s de ibe in �nd who executed t e foregoing instrument, �nd acknowledged th�t he (they) executed the s�me �s his (their) free act �nd deed. ;'1 ` ��--- C� /` NOTAR t THERESA L. NAAB f NOTARY PUBUC- MINPlcSOTA ; HENNEPIN COUNTY 1�OOminlsaio0 expi,� 8-8.92 � MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this d�y of , 199 , before me a Notary Public within �nd for said County, person�lly �ppe�red known to me to be the .person s described in �nd who executed the foregoing instrument, �nd �cknowledged that he (they) executed the s�me �s his (their) free �ct �nd deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 5 , f RESOLUTION #2895 STATE OF MINNESOTA ) ) COUNTY OF HENN�PIN ) �"�"V ) CITY OF ORONO ) � - I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin County , Minnesota , do hereby certify that I have compared the fore•going copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on October 22 , 19 90 , and that the same is a true and correct copy of said resolution was duly adop�ed by said City Council at said meeting . In Witness Whereof � I have hereunto se�t my hand and seal this 24th , day of October , 1990 orothy M llin, City Clerk (SEAL) � � Clt� o� ORONO RESOLUTION OF THE CITY COUNCIL o NO. 2895 • - e • Certificate of Survey for Daryle L. Uphoff „ of Lot 2, Ulock 2, walters Port Hennepin County, Minnesota , I o s � K� ��y A��.. � � � _ _ �5=zso' R= ZO 9.6 � �ynl� o o�30 28�5 - L=I11.49 �/� 4�, '��. . . d S.�. = � tgt ��Q. � N ;a'� � �� o �� Rak w/ri�ir ;:;' ;' 2 6.2 e N o _:• oX\ � Ex��t,ti9 ��Co�e.: O S � He�se � �'iv i.t,.Ui m -- o\\ '^ w . s = .'..N N ,,,r.s . e d o ,.g.3: :ce� �:� 'r N� N ifi.7�.iD d � i>.t •�' r ZO.Z � re..ii�,. � ' r IS.q', -f:-.�i;'.�y N �"� �xisf�.. � p a . ,•r 9 �lo�se c� �<< 11;9 �' 4 O.O _ I?4,'� � Z . . � , � � I o op � �e,:.�� ml Deck,�o ir\ � p "`a,."~� � 21."f " .- 30.3 i.� . � . 1 'r✓wa•.�.t �e.o'- - -S � ' . Fock W/Re+1:�o F. 4ic 'ar,f�ne�� PI iu� �—Zfa� " 573 T.F, 2 j' �. ,,.a.Rt,� Jlv s �6 . � � , _ =75'SET1s�1 _ .�. � _ - .�" � _ Q li)'Nt� y � O � .. ' � / j 2 yh �AF=bca�� '•�VRLS A % ��IS 5�, �<'a� . S ti�O' - j a �h i a� � Legal Uescr:ption �0;>0.33 Lot 2, Dlock 2, Walters Port . � , _Qyck =��csm., --, ... . . 'E�st 45 - —' I hereby certify tl�at this sur- • � �vas prepared by me or under my -� � direct supervision and that I �•-% �-J � i�� i :> il am a duly registered land sur- veyor under the !atias of the State of Minnesota COFFIiJ & GRONBERG, INC. Page 5 of 5 �' // � 1F.r.,.w� ��'� � /-/-Y'�,�-i�i-w'�:J Date : -19-90��0-=�-7o srs.8��.�.d�t�l.��.er.e //_.Gla �� --- Sca 1 e: 1" = 30' 1"ra�� ron erg i c�Q-1 275� o : lron marker Engineers, Land Surveyors