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Home My WebLink About#3904 - variances-1997 •� - � � +. ._�� t,: . �O� � O O • ��b. - C ITY of ORONO . � ' ti � . '�' RESOLUTION OF THE CITY COUNCI� ��`qkE p4��'G . NO. �S 9 0 � SH � A RESOLUTION GRANTIle1G VAItyANCES TO MUNICIPAL ZO1vING CODE SECTION 10.25, SUBDIVISION 6 AND SECTION 10.22,. SUBDIVISION 2 � . FILE #2230 � � WHEREAS, Georgina Hackney (hereinafter "the applicant") is owner of the properry located at 2184 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 16, Block 1, Wiley's Park Lake Minnetonka, Hennepin County, Minnesota _ (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 and Section 10.22, Subdivision 2 to allow for a • 2.5'x12.5' kitchen addition and improvements to the street side or front side entrance; for hardcover in the 75-250' setback area to allow 2,488 s.f. (25.8%) where 2,419 s.f. (25.01%) is existing and 2,413 s.f. (25%) is allowed; and a side yard variance to allow a 6.6' side yard where 8.9' is existing and 10' is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2230. 2. The properiy is located in the LR-1C, One Family Lakeshore Residential Zoning District where the minimum lot area requirement is 1/2 acre. 3. The Orono Planning Commission reviewed this application on May 19, 1997, and recommended unanimous approval of the proposed variances based upon the � . following unique findings and hardships:. . • . Page 1 of 4 � °� . 0 0 • �b. - CITY of�ORONO � ' ti '�' RESOLUTION OF THE CITY COUNCIL �L�kE Hp��G . NO. ��—�U � � S � A. The property does not meet the minimum lot area, lot width or street setback for the LR-1C Zoning District. . � � � B. The proposed kitchen addition will allow the internal staircase to meet building code requirements for width. C. The existing front entrance steps do not meet building code requirements for height (rise). D. The existing side yard along the north property line is 8.9' where 10' is required. E. No negative comments have been received from adjacent property owners. ' • � 4.� The City Council fmds 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 tr�c conditions, light, air nor pose a fire hazard or other danger to neighboring properry; 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. S. The City Council has considered this application including the fmdings 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 4 Based upon one or more of the above findings, the Orono Ciiy Council hereby grants variances for hardcover and side yard setback per Municipal Zoning Code Section 10.25, � Subdivision 6 and Section 10.22, Subdivision 2 to allow for a 2.5'x12.5' kitchen addition and improvements to the street side or front entrance, subject to the following conditions: • Page 2 of 4 � °�� 0 0 • ��e. - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL . ��`�$E Hp4�'�'� � NO. :� � � � � � � S 1: Authorities granted by this variance run with the property not with the applicants, 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 (May 27, 1998). 2. . 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. 3. 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 Orono City Council on this 27th day of May, 1997. ATT T: � � � - Dorothy�`M. H llin, Ci �le'rk Gabrie Jabbour, Mayo _- :� ro e �wner(s) � � l . STATE � SOTA � � ) ) ss. ' � COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of May, � 1997, by Gabriel Jabbour & Dorothy 1V1. Hallin, Mayor & City Clerk of the City of Orono, a . Minnesota municipal corporation and said instrument was executed on behalf of the City. • • M ��/� � • :y1\� . �awa'p'Y�� / ;^ . , y�n��"� Not Public . `,".•• MY Ca�siori 6c�J�n.31�2000 Page 3 of 4 . . ' , � '� � O� O O • ��b. - C ITY of 4RON0 � ' ti '�' RESOLUTION OF THE CITY COUNCIL ��kE Hp4�G . NO. `� � � 4 .� � S STATE OF MINNESOTA ) � ) ss. . . COUNTY OF HENNEPIN ) . � � . On this ��'� day of , 199 7 before me a Notaiy Public with n and for said county,personall appeared ' ' known to me to be the perso s) described in c�who e cuted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. .-;t;;�•, JAMIE L.GEMA�i � . ��; N01�� _ , �. �,..`•• My Commis�on F�hesJ2n.31,2000 � � NOT Y�PUBL C . . . . STATE OF MINNESOTA ) , ) ss. COUNTY OF HENNEPIN ) � On this day of , 199_before me a Notary Public within and for said counry,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 4 of 4