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Clt� of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1623
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� - � • A RESOLUTION GRANTING A VARIANCE TO
MUNICIPAL ZONING CODE SECTION 10.41,
SUBDIVISION 9 (B) (5) AND SUBDIVISION 10(D) - FILE #823
WHEREAS, Larry Hork (hereinafter "the applicant" ) is owner
of the property located 3222 North Shore Drive, which property is the
place of business of North Shore Drive Marina, within the City of Orono
(hereinafter "City" ) and legally described as follows :
The West 68 and 5/100 ft of the E 183 and 1/10 ft of that part of
Government Lot 1 North of Road; (P. I.N. #08-117-23 41 0004 )
and
The West 140 and 2/10 ft of the E 323 and 3/10 ft of that part of
Government Lot 1 North of Road; (P. I.N. #08-117-23 41 0005 )
and
The West 80 ft of the E 403 and 3/10 ft of that part of
Government Lot 1 North of Road (P. I.N. #08-117-23 41 0006 ) ;
All in Section 8 Township 117 North Range 23 West
(hereinafter "property" ) ; and
WHEREAS, the applicant has applied to the City for variance
to municipalzoning codesection10. 41, Subdivisions9 (B) (5 ) and 10 (D)
to permit the construction of a marina primary service building 15 feet
from the side lot line instead of the required 50 feet, with an increase
of 4080 square feet of hardcover in the 75-250 foot lakeshore setback
area for a total of existing and proposed hardcover of approximately 65
percent where only 25 percent is allowed.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
l . The application was reviewed as zoning file #823 .
2 . The property is located in the LR-1C-1 Single Family
Lakeshore ResidentialZoningsubdistrict, but is undergoing
a contract rezoning to B-2 Lakeshore Business District, and
has been reviewed per the performance standards of the B-2
district.
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Cit� of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1623
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3 . The Orono Planning Commission reviewed this application
on April 16 , 1984 , and recommended denial of the proposed
variances based upon the following findings :
a) The proposed structure and apron will increase the net
hardcover in the 75-250 ' setback area by 4080 square feet to
approximately 65 percent.
b) No concurrent reduction of hardcover is proposed by
the applicant.
4 . The proposed structure would not have an adverse effect
on Lake Minnetonka if an area of existing hardcover equal to
the area of the proposed structure, in the 0-75 ' setback
area, is concurrently removed.
5 . The following hardships in locating the proposed
structure to meeting the required 50 ' side yard setback have
been demonstrated by the applicant:
a ) Location of existing mature trees.
b) Location of existing permanentlyinstalled dry-stack boat
storage racks which cannot be feasibly relocated due to grade
anc� access requirements.
c) Topography (slope near North Shore Drive right of way) .
d) Location of existing Metropolitan Waste Control
Commission (MWCC) sewer lines across center of property.
e ) Location of existing parking configuration.
6 . The City Council has considered . this application
including the f indings 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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Cit� o� ORONO
RESOLUTION OF THE CITY COUNCIL
. NO. 1623
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7 . 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 applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; if necessary to
preserve a 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.
CONCLOSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants variancesto the Zoning Ordinances Section10. 41, subdivisions
9 (B) (5 ) and 10 (D) to permit the construction of a marina primary
service building 15 feet from the side lot line instead of the required
50 feet, with an increase of 4080 square feet of hardcover in the 75-
250 ' lakeshore setback area, increasing the totalhardcover in the75-
250 ' lakeshore setback area to approximately65percent, where only 25
percent is allowed, subject to the following conditions :
1 . Applicant shall plant natural screening, at least 80
percent opaque, along the property line west of the proposed
building. Plantings must be completed 6 months after service
building is completed.
2. No other variances are granted or permitted with this
application except the ones specified above.
3 . Authorities granted by this variance run with the
property not with the applicant, but are permissipe 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 11 , 1985 ) .
4 . Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shallautomatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
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c�ty o� oR,oNo
RESOLUTION OF THE CITY COUNCIL
NO. 1623
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5 . The undersigned applicant 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 re.cording of this resolution in the chain of title of the
property.
Adopted by the City Council on this 11t�� day of June =, 1984 .
Variance to be effective upon publication of the rezoning
ordinance in the Laker on June 25 and on June 27, 1984 , in
the Lake Minnetonka Sun.
ATTEST:
C���.�,����e���� �
Alberta M. Strom, City Clerk Mary C. u er, Mayor
(1 ) P per ner
(2 ) Property Owner
(3 ) Property Owner
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Cit� of ORONO .
RESOLUTION OF THE CITY COUNCIL
NO. 1623 �
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STATE OF MINNESOTA )
) ss .
COUNTY OF I�ENNEPIN )
On this /� day of �U,(lE 1984 before me a Notary
-�_._T.__ __r_'_.__'_'�____� !
Publ ' c withi and for �said County, per�onally appeared
��jc��_ _����__ __ known to me to
be the person (sj described in �nd who executed the foregoing
instrument , and acknowledged thati he ( they) executed the same as his
(their) free act and deed . ,
" ~ DOROTHY M. HALUN _�/`� `
' ND'r�nv Pua�A A R Y P U� C � ----� —�------•-
+� HENNEPIN COtlN1'r .
�aon�NMOA�pYw�•�ir
� �.�.e'r fl �F / / � .
MY � OMMISSION E�RES
STATE OF MINNCSOTA )
) ss .
COUNTY OF HENNEPIN )
On this day of , 1984 , before me a Notary
Public within and for said Coun'ty, personally appeared
known to me to
be the person (sj described in and who executed the foregoing
instrument , and acknowledged that he (they) executed the sa;ne as his
(their) free act and deed .
, .
NOTARY PUBLIC ' —
MY COMMISSION EXPIRES '� - -