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Home My WebLink About#4144-variances-1998 ��Y� , ._.,�..� � O� . O O �b. - C ITY of ORONO � � '� RESOLUTION .OF THE CITY COUNCIL ��kE H�4L�'G . � : _ � - NO. � Y � � � _ . S . . A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZO1vING CODE SECTION 10.24, SUBDIVISION 5 (B); . SECTION 10.22, SUBDIVISIONS 1 AND 2; AND SECTION 10.56, SUBDIVISION 16 (L) (1)&(2) � . FILE #2390 � WHEREAS, Jodi Rahn and David Rahn (hereinafter "the applicants") are owners of the property located at 1385 Rest Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 23, and all that part of Lots 15 and 22, and adjacent vacated a11ey, Subdivision of S . Lot 14; Rest Point Park, Lake Minnetonka, lying Southerly of the following-described line: Beginning at a point on the Southeasterly line of said Lot 15, distant 75 feet Northeasterly from the Southeasterly corner of said Lot 23; thence Northwesterly to the Southeasterly corner of said Lot 22; thence Northwesterly on a line forming an angle of 74 degrees 55 minutes with the Easterly line of said Lot 22, to the shore of Lake Minnetonka, and there ending (hereinafter the "property"); and WHEREAS, after due. published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on July 20 and August 17, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and VV�IEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B); Section 10.22, Subdivisions 1 and 2; Section 10.56, Subdivision 16 (L) (1)&(2) to permit construction of a two story 20'x20' (400 sq. ft.) garage. Variances are required for street yazd setback to allow the garage to be located 17.1' from Rest Point Road per the plan in Exhibit B. Variances for hardcover in the 75-250' setback to allow an additional 1,051 sq. ft. of hardcover for a 20'x20' two story garage, 350 sq. ft. for a driveway, 19 sq. ft. for a gazage apron and 282 sq. ft. for a 3'x94' sidewalk. � Page 1 of 5 � , ` - �, • � O� . • O O , ��b. - . CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL . �L`q 4��'G " NO. � �. � 4.� .� � kESH� � . �. � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2390. 2. The property is located in the LR-1B, Zoning District, where 1 acre is the minimum lot area. The property consists of .33 acres or 14,663 sq. ft. 3. The Planning Commission reviewed this application on August 17, 1998 and recommended approval on a vote of 4 to 2. 4. The Planning Commission made the following findings of fact: • . A. The subject lot does not meet lot width or lot area requirements. B. This properiy is allowed to have 1,978.25 sq. ft. (25%) of the total lot azea in the 75-250' setback in hardcover. The City Council determined per Resolution No. 3926 that the total amount of hardcover to be located within the 75-250' setback shall be reduced by the amount of existing hardcover (1,320.75 sq. ft.) in the 0-75' setback. C. A portion of the yard between the house and the street is located in a flood plain area. 5. 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 tra�c conditions, light, air nor pose a fire hazard or other danger' to neighboring properry; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. • Page 2 of 5 / � • ♦ I O� • O O �b. - C ITY of ORONU � � � G'� RESOLUTION OF THE CITY COUNCIL � ��kESH�4� � . ' NO. 4 � � � � : . 6. 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 variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B); Section 10.22, Subdivisions 1 and 2; and Section 10.56, Subdivision 16 (L) (1)&(2) to pernut a 20'x20' garage to be located 17.1' from Rest Point Road and to a11ow an additional 1,051 sq. ft. of hardcover in the 75-250' setback where 1,978.25 sq. ft. (25%) is allowed and 2,373.75 (29.9%) is . proposed. Approval was subject to the following conditions: • � 1. The existing shed in the south side yard shall be removed�upon completion of the garage. 2. No fill shall be placed in the flood plain area and the sidewalk shall be installed at the original grade. � 3. Authorities granted by this variance run with the property not with the applicants, but aze pernussive 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 (August 24, 1999). 4. Violation of or non-compliance with any of the terms and conditions of this . � � resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a � misdemeanor. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. • Page 3 of 5 � �� O O . ��e. - C ITY of ORONO � � � � '� RESOLUTION OF THE CITY COUNCIL . ��`9 4��G. � � � NO. � �. � � �� kESI3� . . Adopted by the Orono City Council on this 24th day of August, 1998. ATTEST: J , �� . . � in S. Vee, City Clerk Gabri Jabbour, Mayo C� ��- --- �-.� . Pr perty Owner(s) � ' � STATE OF MINNESOTA ) � ' ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of August, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. , � ��• JAMIE L.GEMAR Not ublic ` � NOTARY PUBLIC-MINNESOTA " •• • ' HENNEPIN COUNTY • ' � "��•°� My Commission Expires Jan.31,2000 ._a..-:.��:• • Page 4 of 5 � �� O O ��b. - CITY of ORONO � � F �� G'�' RESOLUTION OF THE CITY COUNCIL �`�kEsxo�'� � . � � � rvo. . 4 � 4 4 � � . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /�`�'. day of �.e� , 199� , before a Notary Public � within and for said County,persona ly appeared ',�,��.�D G� known to me to be the person(s) described in d ho executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � °""'• JAMIE L.GEMAR ' ="' 7` � NOTARYPUBLIC-MINNESOTA o�� HENNEPIN COUNTY N Public ',��d My Commission Expires Jan.31.2000 STATE OF MINNESOTA ) . � � ss. . � � COUNTY OF HENNEPIN �) On this day of , 199 ,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 � � � Page 5 of 5 . . _ . . ` 3�-�J k ' ..� � -,�``� - � ` ��'�wA y l�xzz',��- ---- „� ' .` , � . � r � �, � ` .. r • � .. - � �, '�' �wQ A �` ,•�i . •�, = d'�'-' � . . 1 ~ .r +c �0 QC �L � � • . 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