02-26-1990 Council Packet - Laserfiche WebLink

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A RBSOLOTION GRAMTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 5 (B)PILE #1458WHEREAS, Blake Bichanlch (hereinafter "the applicant") the owner of the properties located at 324-332 Westlake Street hin the City of Orono (hereinafter "City") and legally ::ribed as follows:Lots 4 & 5, Block 1, Hillside Park, Hennepin County, Minnesota (hereinafter "the property"); andWHEREAS, the applicant has applied to the City for a iance to Municipal Zoning Code Section 10.23, Subdivision 5 to permit the construction of a second story addition above existing residence, located 13.0' from the south side let e and approximately 8' from the north side lot line of Lot 3 re side setbacks of 30' are normally required.NOW, THEREFORE, BE IT RESOLVED by the City Council of lo, Minnesota: FINDINGS 1. This application was reviewed as Zoning Pile #1458. 2. The property is located in the LR-lA Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 18, 1989, and recommended approval of the proposed variance on a vote of 4-2 based upon the following findings: A) Applicant owns the adjacent Lot 4 to the north, hence the effective side setback to the north lot line is approximately 58'. The applicant has not combined the two properties because they are on separate contracts for deed. B) The proposed second story addition and extension of the existing house along the south line of existing south wall, will encroach no closer to the neighboring residence than the existing house, hence there is no significant impact on the neighboring property. Page 1 of 5 C) The most appropriate method for determining location of the average setback line is to use the residence to the north at 3865 Bayside Road as the northern terminus of that defined line, rather than the small cabin on applicant's Lot 4. Based on an average setback line defined between the houses at 3865 Bayside Road and 340 Westlake Street, the proposed additions do not require a variance for average setback.6. 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. 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 nut 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23, Subdivision 5 (B) to permit the construction of second story addition and minor first story addition of the existing residence, such existing structure and additions being 13' from the souch side lot line where a 30' side setback is normally required, and being 8' from the north side lot line wnere a 30' side setback is normally required, subject to the following conditions: Page 2 of 5 f 1