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Home My WebLink About#3195 - variances-1992 �,` ' : � O ' Y O O � �b. - CITY of ORONO � � ti � G'�' RESOLUTION OF THE CITY COUNCIL L�kESH�4� NO. 319 5 ' A RESOLOTION GRANTING • VARIANCES TO MIINICIPAL ZONING CODE S$CTIONS 10.25, SDBDIVISION 6(B) AND SECTION 10.22, SIIBDIVISION 2 FILE #1768A WHEREAS , Dr. William R. and Rhonda T. Omlie (hereinafter "the applicants") are owners of the property located at 1860 Shadywood Road within the City of Orono (hereinafter "City") and legal ly described as fol lows: Lot 27 except the north 15 feet, said 15 feet being measured at right angles from the north line of said lot, and Lot 28, Shadywood, Hennepin County, Minnesota (hereinafter "the property"); and • WHER$AS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) and Section 10.22, Subdivision 2 to permit the construction of a 13' 8" x 21.2' garage addition located 8' 9" from the north side lot line instead of the required 10' , these improvements result in an increase of 18.2 s.f. bringing hardcover to 25.2$ where only 25� is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: � FINDINGS l. This application was reviewed as Zoning File #1768. 2. The property is located in the LR-1C, Single Family � Lakeshore Residential Zoning District requiring 1/2 acre in area or 21,780 s.f. The property consists of 39,300 s.f. or . 9 acres. 3. The Orono Planning Commission reviewed the comprehensive variance application of the applicants on October 19 , 1992 and recommended acting on the setback portion of the application and tabling all action on the remaining hardcover improvement. The application as amended was recommended for approval • based upon the following findings: Page 1 of 4 � °� 0 0 � ��b. - CITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL L�kESH�4� NO. 319 5 A. The addition will extend no closer to the north side lot line than the existing north wall of the garage. B. The overall architectural design of the structure will be impacted by having to retain a 10' side setback for the garage addition. 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 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; 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 P lan 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 variances on the . health, safety and welfare of the community. CONCLIISIONS, ORDffit AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit a 13' 8" x 21.2' addition to the exising garage located 8' 9" from the north side lot line and denies the variance to Section 10.22, Subdivision 2 that would result in an increase of 0.1+� hardcover, subject to the fol lowing conditions: 1. Upon application for an amended building permit, applicant shall also submit a revised site plan that maintains hardcover at 25� withifi the 75-250' setback area. • 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 Page 2 of 4 � o� � o 0 �b. - C ITY of ORONO � � ti �� ,'�' RESOLUTION OF THE CITY COUNCIL �kESH�4 NO. 319 5 approval, or this variance will expire on that date (November 9, 19 9 3 ). 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 appli:cants 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. • Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of November, 1992. AT ST: � . � � Dorothy . Hallin, City Clerk Barbara A. Pet rson Mayor � ` Property Owner s ) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ' The foregoing instrument was acknowledged before me on this 9th day of November 1992, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument wa"s executed on behalf of the City. • a��•. JAMIE L.BOSMA . `` NOTARY PUBUGMINNESOTA • '• �- ' HENNEPIN COUNTY '� .r••°� MyComm.Expiresl2-19-97 Notary P bliC '�~�_r,�_ w.�- Page 3 of 4 t T ` � • I O� � O O �b� - CITY o� ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL �kESH�g' Np; 319 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 9�- day of /(/Ot/ern.6e� ► 199 � On this ersonally before me a Notary ublic within and for said known�to me to be appeared �,ll;//%am � �m ��e rr,arr�e� . the person(s ) described in and who executed the foregoing instrument, and acknow ledged that he (they) executed the same as his (their) free act and deed. LINDA S. VEE - � NOTARY PUBLIC - MINNESOTA �/� � �Q,Q� HENNEPIN COUNTY °`' • W1y commission expires 8-12-98 NOT Y PUBLIC � . . .. � STATE OF MINNESOTA ) - )ss. COUNTY OF HENNEPIN ) , On this ��— day of , 199�, before me a tary Public within and for said ounty, personall.y appeared �� / � �n �� l„��,,��,Q_ known to me to be the �D�.-�z 2 person(s) described in and who executed the foregoing instrumen , and acknowledged that he (they ) executed the same as his (their) free act and deed. .��t. JAMIE L.BOSMA NO PUBLI ' ;'��' `` '. NOTARYPUBLIC-MINNESOTA • -• ' HENNEPIN COUNTY ' � " My Comm.F.xpi�es 12-19-97 � �'IMMt�• Page 4 of 4 � .