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Home My WebLink About#2132-CUP/variance-1987 - ; . , ' _a . � Cit o� ORONO d � • .. .t3�� . •:. �.. ' �'` �.� � RESOLUTION OF THE CITY COUNCIL :,t�'ry ��;�: "' - � NO. 213 2 • .�� :� • - • �• '��3'. A RESOLDTION GRANTING A CONDITIONAL IISE PERMIT AND A VARIANCE TO MUPiICIPAL ZONING CODE SECTION 10.20, SDBDIVISIOId 3 (I) FILE �1059 WHEREAS, Michael Schafer (hereinafter "the applicant") is the owner of the ,property located at 2259 Shadywood Road within the City of Orono (hereinafter "City") and legally described as Lot l, Block 2, Wiley's Park, Hennepin County, Minnesota (hereinafter "property") ; and WHEREAS, per Section 10.20, Subdivision 3 (I), the applicant has made application to the City of Orono to permit a duplex use of the existing residence and to grant a variance to that same Section to permit a duplex use .630 feet from a commercial district rather than the required 200 feet. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, • Minnesota: � � FINDINGS l. This application was reviewed as Zoning File #1059. 2. The property is located in the LR-iC Single Family Lakeshore Residential Zoning District. r � 3. The property is approximately 7,324 s.f. or .17 acres in area. ' 4. The present structure was constructed approximately 45 years ago prior to the formal adoption of City-wide standards for lot size or lot width. 5. The structure contains 3,111. 2 s.f. of finished living area. � 6. Prior to 1963 the structure contained a grocery store on the first floor and residential apartment on the second floor.. 7. From 1963 to 1976 the structure contained a dry cleaning plant on the first floor and a residential apartment on the second f loor. • Page 1 of 7 � / . fy � � � Cit o� ORONO � � � • RESOLUTION OF THE CITY COUNCIL ; � , NO. 2132 �. , • - • • 8. In 1976 the City issued a building permit to Margaret J. Bjork to al low the first f loor to be converted to a non-rental apartment allowing independent accesses to first and second floors. The interior plans were never altered to insure a single family use would be the primary use. 9. Since 1'976 Mrs. Bjork has resided in the first floor apartment, and when members of her immediate family did not occupy the second floor apartment, the apartment would be rented to members of their church. 10. The current use of the property presents the following lot inventory facts: a) Hardcover breakdown - Allowed Hardcover = 2,197 s.f. or 3�0$ (property is located within 500 feet of the lake) • Existing Hardcover = 4 ,404 s.f. or 60� Hardcover Variance = 2,207 s.f. or 30� . Off-site Hardcover = 4,200 s.f. - to support parking needs - use of railroad right-of-way b) Lot Area Required = 21,780 s.f. Existing = 7,324� s.f. Variance = 14,456 s.f. or 66� c) Lot Width Required = 100 ' Existing = 100' at the rear of the front yard setback line Yard Setback Line = 128 .7 ' along street lot line d) Setbacks of Principal Structure Front/Street � Required = 30 ' Existing = 0 ' Variance = 30 ' or 100� Side Required = 10 ' Existing = 6 ' Variance = 4 ' or 40� • Page 2 of 7 � • i,��•`".�j �. ` � "�V-�� Cit o� ORONO �� . � • ..�; . 4�� ,J' � �'"i'��' R�SOLUTION OF THE CITY COUNCIL � ��^y`' NO. 213 2 -� • �.,'�+�. `�:* :3.� • - • •'' ..� e) Setbacks of Accessory Structures Side Required = 10 ' Existing = 2.8 ' . Variance = 7.2 ' 11. At the Council meeting of October 13, 1986, staff was asked to review �urrent status of property and to determine what additional variances would be necessary to locate new garage, determine a single, safe access , required landscaping improvements and to present amended lot inventory facts. Council was concerned with the overall effects of intensification of use on this severally substandard property. 12. Staff has recommended to Council that all future improvements must be contained within homestead lot with no dependence on railroad right-of-way. Access had to be moved to the north if access was to be within homestead lot. The detached garage is • considered a hazardous structure and must be removed. The limitations in area will require that a future garage be attached and the 18 feet wide ground f loor storage area be converted to either a 3 or 4 stall garage. Turnaround paved area adjacent to garage must also serve as off-street parking. for residents' guests. Entire gravel parking area within railroad right-of-way removed and ground cover restored. Berming along street lot line must define single approved access to site. 13� Lot inventory facts based� on staff recommendation for future improvement of the property: , a) Hardcover Breakdown Allowed Hardcover = 2,197 s.f. or 30$ Existing Hardcover = 4, 404 s.f. or 60$ Revised Hardcover = 3,995. 6 s.f. or 54� Off-site Hardcover = 4,200 s.f. Revised Off-site Hardcover - 0 s.f. b) No setback variances required for attached garage at rear of structure. The existing structure would extend 3 feet from rear of existing buildings. c) Off-street parking area provided in turnaround area to rear of garage. • 14. The property is located 630 feet from a designated commercial zone but the property is adjacent to a railroad track and across the track from a non-conforming, commercial use, an upholstering shop. Page 3 of 7 . , J �r � r��T �M 1r �� o� ORONO �� + • �...�A'C�y�'.�� r�•. �._- RESOLUTION OF THE CITY COUNCIL � �,,-. `' �� N O. 213 2 ry_S N . �' � , 1• �3,;�. • � �� .� •j�; 15. In 1963 the property was assessed two residential sewer units. 16. In 1971 the property was assessed two residential water units. 17. There is no contiguous undeveloped land available for applicant to acquire. � 18. The current status of this property has made it impractical and/or financially impossible to make improvements. 19. 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 properties ; 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 appli- cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 20. The City Council finds that granting a conditional use permit to allow the duplex use of the residential structure will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the . City. � COIdCLDSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.20 , Subdivision 3 ( I ) and per that same Section grants a conditional use permit for a duplex use to Michael Schafer, subject to the fol lowing conditions: 1. The detached garage is a hazardous structure and must be razed by _July 31, 1987 • • Page 4 of 7 . � ' rN, <, [ � � �r� ��`� �� Cit o� ORONO � � � ��.�-. • � �� f��' RESOLUTION OF THE CITY COUNCI L ,c7. �, >� ', ..�.��5' =`'`' '^;�"�;; N O. 213 2 � san'�: • � �. . � r ..�r,:"%;.�:_. . . 2. An access permit must be obtained from the Hennepin County . Highway Department prior to installation. The new access must be installed by July 15, 1987 The off-site, gravel parking area on railroad right-of-way must be removed and ground cover restored and on-site parking area to rear of structure installed by Auqust 30 ,�1987. Berming along street lot line of property to define single controlled access to County Road to be completed by July 15, 1987 . 3. Applicant is advised that if a future garage is planned for the property that it must be attached to rear per staf f sketch approved by Council at their Fel'�rLarv 2,3 . 1987 meeting and made part of this of f icial record. The City wi 11 grant no setback variances for a future attached garage. 4. Applicant must bring structure into compliance with all code • standards of the Uniform Building Code for a legal duplex. Applicant' to commence code compliance review with the Orono Building Department by May 30 , 1987 . 5. Authorities granted by this resolution 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 the special coditions of this resolution will expire on that c�ate (February 23, 1988). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the , zoning code, shall automatical ly terminate any authority granted herein, and shal 1 be punishable as a misdemeanor. . 7. � The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 5 of 7 • J `. ... � � � ,� �� _., Cit� o� ORONO • � . . .� . � ��- RESOLUTION OF THE CITY COUNCIL :��' NO. 213 2 � ..�p; `s • -�� • ' �,. �... � Adopted by the Orono City Council on this 23th day of Febr ary, 1987. ATT T: �, � _ C . v Dorothy M. allin, City Clerk Jam s R. Grabe , ayor ` � L�Ll.c�v�� . Property Owner(s) • • Page 6�' of 7 " ^,, i� � � � Cit� o� ORONO �. � RESOLUTION OF THE CITY COUNCIL � NO. 2132 • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /��j day of ��C� , 198 before me a t y Pu lic withi a d fo said county, personally� appeared ,r- � � �'. ,/Z known to me to be the person(s) described in and w executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. . �p V '• Y � ,.��, SANDRA L.GIRODAT ��"" '` NOTARY PUBLIC � �� NOTRRY PUBUGh�IN�iF::��' t'�.,� HENNEPIN COU�d'tY My Commission Expires Feb. 18, 1989 � • �vvwwww�vv�'nn�vv,NVVV�,wvww�v � -�8�9 MY COMMISSION EXPIRES � � C STATE OF MINNESOTA ) )ss. - COUNTY OF HENNEPIN ) On this �� day of V' G� , 198.,,�, before me a Not y P blic i 'n �d for s d County, personaYly appeared i` GL e� known to me to be the � perso (s) described in and w • executed , the foregoinginstrument, and cknowledged that he (they) executed the same as his (their) free act and deed. , ' � .nnn'�n'vw�nrv�n""``nn'�n""'v�'"^n^^^^^^^ OTAR PUBLIC .�>�� _,,��.. SANDRA L. GlRO�JAT l��ft�� NOTARY PU3L��-F�tl(;�;E�OT,'� � ��'� I�ENNEPIN C�U��!TY . � My Commission Exp;res Feb. lII, 19a9 � �i JB � ffi•v�wwwvw�,�nntiwvwwv�n,vvwvwvv i MY COMMISSION EXPIR S • Pa e 7 of 7 g