HomeMy WebLinkAbout#3460-variance-1994 � ' .
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A RESOLUTION AMENDING
RESOLUTION #3383 BY GRANTING �
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.56, SUBDIVISION 16 (L)
FILE #1952 � �
WI3EREAS, Christine Freeman (hereinafter "the applicant") is owner of the
property located at 2240 Shadywood Road within the City of Orono (hereinafter "City") and
legally described as follows:
Lot 8, Block 1, Wiley's Park, Hennepin County, Minnesota (hereinafter "the property");
� and �
WIiEREAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit
existing hardcover to remain in excess of the allowable percentages, such variance being an
amendment to previous hardcover allowances stipulated in City Council Resolution #3383.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1952.
2. The property is located in the LR-1C, Single Family Lakeshore Residential
Zoning District.
3. Tlie Orono Planning Commission reviewed this application on August 15, 1994,
and�recommended approval of the proposed variance based upon the following
. findings:
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A. In following up the hardcover stipulations of Resolution#3383 which also
granted a side setback variance, the City determined that a gravel
hardcover area in excess of the allowed amounts of hardcover existed near
the garage but had not been accounted for in that review. The property
owner has requested to keep said gravel area.
B. Portions of the existing gravel areas provide a safe place for guests to !
park to keep their cars off the street. There is little room along the street
for parking of additional cars.
C. Due to the steep slope from the street to the yard level, replacing portions
� of the gravel with grass or other landscape would make it impossible to
_ access the yard.
D. It is reasonable to allow an approximately 3' wide strip of gravel along the
• rear of the garage for firewood storage requested by the applicant. i
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E. The remainder of the gravel to the left side of the sidewalk and the rear �
of the garage is not necessary for reasonable use of the property,
contributes to excessive hardcover on the property, and should be reverted
to nonhardcover grass area.
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F. The gravel area to the right or east/southeast side of the sidewalk should
be allowed to remain for the reasons noted above. The hardcover area
between the sidewalk and the garage should be removed as it contributes
to excessive hardcover on the property.
G. All other hardcover originally proposed by the applicant to be removed in �
landscape areas adjacent to the house should be removed. i
4. City staff have reviewed and corrected the hardcover calculations. Resolution
#3383 allowed 3,106.4 s.f. of hardcover on the property behind the 75' setback •
line. The Planning Commission recommendation noted above effectively allows
3,772 s.f. or an additional 666 s.f. above that amount approved in Resolution ;
� . #3383.
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Form 5005 Disk Ororo
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5. The City Council �nds 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 Plan of the City.
6. The City Council has considered this application including the findings and '
recommendations of the Planning Comrriission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the health, safety and
� welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
� Based upon the above findings, the Orono City Council hereby grants a variance
to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to
permit an amendment of Resolution #3383 and permit the retention of excessive hardcover on
the property, subject to the following conditions:
1. No hardcover is allowed in the 0-75' .zone. Hardcover in the 75-250' zone will
be allowed at a level of 23.4% and in the 250-500' zone at a level of 56.4% per
the calculations and site plan attached to this resolution as Exhibit A.
2. Prior to commencement/continuation of construction on the addition approved in �
Resolution #3383, applicant shall remove those areas of hardcover not approved
in condition 1 above, and shall convert the unapproved gravel hardcover area
, behind the garage to nonhardcover grass.
3. 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 (August 22, 1995).
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.
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5. 1'he 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 tlie
property.
Adopted by the Orono City Council on this 22nd day of August, 1994.
A TEST: �
. � �
Dorothy M a lin, Cit Clerk � � ` /
Y Edward J. Cal an, Jr., Mayor
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• Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) �
The foregoing instrument was acknowledged before me on this 22nd day of
August, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the
City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf
of the City. �
�
' • .� � CAROLE A HASEMAN
��"' �` � NOTARYPUBLIC-MINNESOTA iY�o -! ��rn��
'� HqJNEPiN COUNTY NOt Pub11C �
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Farm 5005 ask Omro
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 13+h day of , 1995 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 oregoing instrument,and
•acknowledged that he (they) executed the same as his (their) free act and deed.
° '" � CAROLE A HASEMAN
' �'� r� �^ NOTARY PUBUC-MINNESOiA
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NOTARY PUBLIC �
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STATE OF 1VIINNESOTA )
) 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
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Fam 5005 Disk Omro
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