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Home My WebLink About#4057-variances-1998 > �. F � O� O O : �:b�- i C ITY of ORONO � � � �� '�' RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. �" < �::) �� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1(A) AND 2, AND SECTION 10.56, SUBDIVISION 16(C6) FILE NO. #23�1 `VHEREAS, Laura Zauner (hereinafter "the applicant") is the owner of the property located at 3262 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: See Exhibit A for legal description (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivisions 1(A) and 2 and Section 10.56, Subdivision 16(C6) to permit the retention of a rebuilt deck NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2351. 2. The property is located in the LR-1C-1 Single Family Lakeshore Residential Zoning District requiring one half acre in area. The property consists of 12,118 s.f. or .28 acre. 3. The Orono Planning Commission reviewed this application on March 16, 1998 and recommended approval of the proposed variances based upon the followina . findings: 1. The zoning lot does not meet lot area or width requirements. 2. The deck is a replacement of one that had existed. Page 1 of 5 � •� Y � O� O O � , - CITY of ORO1�0 � � '�' RESOLUTION OF THE CITY COUNCIL ��'4 g'�G NO. '� �;� .� `� kESHO 3. The deck does not affect views, hardcover or lakeshore encroachment beyond what has historically existed. 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 variances 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 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. , CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivisions 1(A) and 2 and Section 10.56, Subdivision 16(C6) allowing the retention of the deck replacement resulting in 15.1% hardcover in the 0' to 75' lakeshore setback where none is allowed, 39' encroachment into the average lakeshore setback where none is allowed and a lakeshore setback variance of 40.7' to allow the deck to remain 34.3' from the OHWL where 75' is required. Approval was subject to the following conditions. 1. No variances for additional hazdcover shall be granted in the future. 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 (Mazch 23, 1999). Page 2 of 5 • #. • � O� O O ' ��e. C ITY o� ORONO � � �� G'�' RESOWTION OF THE CITY COUNCIL L�kESH�g'� NO. � t�� :� .:� 3. 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. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her 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 regular meeting held on the 23rd day of March, 1998. ATTEST: ��.�� Linda S. Vee, City Clerk Gabrie Jabbour, Mayo 1 , . � � Pr'o wner STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) �__ > The foregoing instrument was acknowledged before me on this 23rd day of March, 1998 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. n ��/'/�c fi� l i ,P��i�'�.�l.k J '� :;�; CAROLE A HASEMP,N Notary Public �� '+�'=' N07ARYPUBUC-MINNESOTA �-�, f •"'`w°'s�• HENNEPIN COUNTY 1�_' �~'�"y�y"%COr►imi5Si0�Expir2S J�n,31,2000 ge 3 of 5 :�:::_: <..-;..�?-. -- ._- .:�_. -,z._...,�,,Y.,_ �,.. . _...._- - , •/� f � O� O O . �� CITY of ORONO � � �� ,'�' RESOLUTION OF THE CITY COUNCIL �kES�I04 NO. � � c� `� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . On this �?� day of ��,��, , 199� before me a Notary Public within and for said county, personally appeared ��r�L��„t�r v n r»�rr�'��1. 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. .� " CAROLE A HASEMAN � NOTARY PUBLIC-MINNESOTA • :!�-•`'�. HBVNEPIN COUNTY ��o � �, � `,-••• MyrCommtysionExpiresJan.31,2�00 � '�� NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_ before me a Notary Public within and for said county,�personally appeazed 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 Page 4 of 5 / 1�• t� � � �� CFGi4L ��sc�e iP�"io�v Zhat �� of Gcvernment Lot 2, Sectian S, Ta.,mship 117t�iorth, Range 23, �•rest of tt�,ea Sth Principal Meridian, Hennepin Ccunty, M:rv�esota, descri.� �,s follcws: Beqin-�inq at me��: rorn� �, 57 on the South side of Ma�c.;elZ p,aY in the East line o.f said Se�-ticn g; thec-,�e S�u� a� �e East line cF said Section 8, 376.35 feet; ther;ce due West at right anqles 45�.3 feet to the actual point of �irvii.ng of the tract to be descri.bed; the.-�ce c�ntinuinq due West 68 feet; therLce due North 1�30.7 feet more or less to the Southerly shore of Ma�ct;ell 8ay; th�-,ce Northeasterly ale.ng the Scut�.erly share of :�axwell Bay to a point in a l�ne drawn due North fztm the actual int of due Scuth 183,7 feet n�re or less to the actx:rl �a ��''% ��ce Fur�ose of this descriptioR the East line vf said Sectienb8 is ocns�idered�t� �,e a due North and South line. Toqethe� with an easez�nt for drives.ray �,urposes over that par-t of Governr�e,zt Lo: I, Sec•-�icn 8, Tc�„t�ship IZ?, Rar�e 23, Hennepin County. Minnesota, described as fol�ow5: P,�i,nn�q at ��. �rner No. 57 an t�e Scuth side of Ma,�cwetl gay in the Fast l.ine of said Section 8; ther�ce South alon�3 tr:e Ea:st line of said Section 8, 376.35 Fe,et; the,-�ce due West at riqht artgles 447.8 feet to the actual. point of beqiri.li,nq oP the tract to be described; thence due South 82.05 feet; thence South 11 deqrees, 47 ttunutes Wes� 218.55 feet; thence South 12 degrees, 37 tninutes East 71 feet r.nre or less � to a �oint in the Northerly right of way line of Co�vtty Ftoad No. S1; thence Southwesterly along said Nvrthexly right of waf Iine 15.1 feet; then�e North 12 degrees, 37 mir�utes West 7'3.SS feet; thence horth I1 degrees, Q7 minutes East 2I8.85 feet; thence due North 82.05 feet more or less to a point in a Iine d:awn due Wes� f ran the ac tual point of beqir�rtir�q; thence due Ea s t 15 f ee� to the actual p�i,nt af beqi,r�rtinq, For the purpose of this descripticn tlie East line of said Section 8 is aar�sidered tc� be a due North and South �ine. , , - - --