HomeMy WebLinkAbout#4544-after fact variance-2000 � �,
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�'� �,'� � RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING AN AFTER-THE-FACT VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.56, SUBDIVISION 16 (L) (1) AND
SECTION 10.55, SUBDIVISION 8
FILE NO. #2610
WHEREAS, Jerome J. Hall (hereinafter "the applicant") is owner of the property
located at 80 Leaf Street within the City of Orono (hereinafter "the City") and legally described
as follows:
Tract A, R.L.S. No. 744, Hennepin County, Minnesota (hereinafter "property");
and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Starirtes and the City of Orono Zoning and Planning Codes, the Orono Planninj
Commission held a public hearing on September 18, 2000 and October 16, 2000 at w-hich times
all persons desiring to be heard concerning this application �vere given the opportunity• to speak
thereon; and
WHEREAS, the applicant has applied to the City for an after-the-fact variance
to ;Vlunicipal Zoning Code Section 10.56, Subdivision 16 (L) (1) and Section 10.55, Subdivision
8 to permit construction of a replacement deck within 75' of a protected tributary constitutin�
170 s.f. of hardcover within the 75' setback where no hardcover is norma�ly allo�vPd.
NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono,
1�linnesota:
FINDINGS
1. This application was reviewed as Zoning File #2610.
2. The property is located in the RR-1 B One Family Rural Residential Zoning
District.
3. The Orono Planning Commission revie�ved this application on October 16, 2000
and recommended approval on a vote of 6 to 0 for a variance based upon the
following findings:
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��t �,'� RESOLUTION OF THE CITY COUNCIL
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A. Air photos indicate the pre-existing deck was constructed sometime
between the mid 1970's to the early 1980's. The City does not have a
permit on file for the deck.
B. At its closest point, the deck would not encroach nearer to the protected
tributary than the old deck (48' from the OHWL).
C. A deck would continue to provide a landing for a sliding glass door
located at the reaz of the house.
D. The original deck would have been constructed prior to the adoption of
the Shoreland Ordinance. The Shoreland Ordinance applies to non-
� lakeshore property. Section 10.22, which is the ordinance that regulated
hardcover prior to 1992, applies only to lots zoned Lakeshore Residential
and only to lakeshore properties. The applicant's property is zoned RR-
1 B and is not a lakeshore property.
E. The total hardcover for the replacement deck within 75' of the creek is
170 s.f. where 174 s.f. had existed prior to removal of the deck.
4. The City Council finds that the conditions existing on this property aze peculiar
to it and do not apply generally to other property in this zoning district; that
granting the vaziances 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 a substantial
property right of the applicant; and would be in keeping with the spirit and
intent Qf 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 applicant and the effect of the proposed variance on the health, safety and
welfare of the community.
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RESOLUTION OF THE CITY COUNCIL
��9ItE �Ip4�'4'G NO. 4 .� ��
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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 10.56, Subdivision 16 (L) (1) and Section
10.55, Subdivision 8 to permit construction of a replacement deck within 75' of a protected
tributary constituting 170 s.f. of hardcover within. the 75' setback where no hazdcover is
normally allowed, subject to the following conditions:
1. Authorities granted by this variance run with the property not with the applicant,
but aze 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 23, 2001).
2. Violation of or non-compliance 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.
3. The undersigned applicant has read, understands 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 City Council of the City of Orono, Minnesota at a regulaz
meeting held on the 23rd day of October, 2000.
ATTEST:
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Linda S. Vee, City Clerk Gabrie Jabbour, Mayor
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RESOLUTION OF THE CITY COUNCIL
��`4kE i�p4�G NO. � a � �`:
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of
October, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City. �
Naa�sn,� � -
NOT/IRYPt�LI�.�SOTA � ` /yj
���''�'"'31'� Notary Public
STATE OF MINNESOTA ) ' �
� ) ss.
COUNTY OF HENNEPIN )
h
On this �'�day of NCa,'�11k�'�- , 20� before me a Notary Public within and for
said county, personally appeared ;�e,,r��rne, 5 . t-1��-, 5���t.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.
e�
�IDI N.STURMAN ����. ��, c�%�,G2�'�/�
Nar�rw�euc•�a+��
I�y cammte�toe E��Ian.31.�Os Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of � � �, 20_ 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 acknowledged
that he(they) executed the same as his (their) free act and deed.
Notary Public
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