HomeMy WebLinkAboutRe: shed/driveway February 25, 1993
TO: Lyle Oman
Building Inspector,
City of Orono
FROM: Len Niska
This letter is a written confirmation of our agreement to extend
the deadline for reworking my shed to code for, one week, as we
agreed on the phone, yesterday.
The deadline is moved to Monday, March 8,1993.
ref Permit #��`�73 �j
Thank You for your consideration.
Sincerely,
Len Niska
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2750 Kelley Parkway
P.O. Box 66
Crystal Bay, MN 55323
(952) 249-4600
Fax: (9S2) 249-4616
FAX TRANSMISSION COVER SHEET
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YOUSHOULD RECENE l 0 PAGE(S), INCLUDING THIS COVER SHEET.
IF YOU DO NOT RECEIVE ALL THE PAGES,
PLEASE CALL (952) 249-4600.
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A RESOLOTION GRANTING
AFTER-TH$-FACT VARIANCES TO MUNICIPAL ZONING CODE
S$CTIONS 10.25, SIIBDIVISION 6 (B) ;
10.22, SIIBDIVISION 2; 10.56, SDBDIVISION 16 (L) ;
10.03, SIIBDIVISION 14 (C) ; 10.03, SIIBDIVISION 12; AND
A CONDITIONAL DSE PERMIT P$R
SSCTION 10.03, SIIBDIVISION 10
- FILE #1755
WHEREAS, Leonard Niska (hereinafter "the applicant") is the
owner of the property located at 2304 Shadywood Road within the City
of Orono (hereinafter "City") and legally described as follows:
Exhibit "A" attached (hereinafter the "property" ) ; and
WH$R$AS, the applicant has made application to the City of
Orono to permit the construction of a 140 s.f. storage shed which
requires a variance to Municipal Zoning Code Section 10.25 Subdivision
6 (B) to allow a 5' side street setback where a 15' setback is
normally required, a variance per the same section to allow a front
setback of 20' where a 30' setback is normally required, and a
variance to Section 10.22 , Subdivision 2 and Section 10.56 ,
Subdivision 16 (L) to allow 41.1� hardcover where 35$ hardcover is
normal ly allowed, and a variance to Section 10.03, Subdivision 14 (C)
to allow lot coverage by structur.es of 25.8� where only 15$ lot
coverage is normally allowed, and a variance to Section 10.03,
Subdivision 12 to allow a structure-to-structure setback of 3' where a
10' setback is normally required, and requesting a conditional use
permit per Section 10.03, Subdivision 10 to allow an accessory
structure on a through lot.
NOW, THBREFORE, B$ IT R$SOLV$D by the City Counci 1 of Orono,
Minnesota: '
FINDINGS
1. This application was reviewed as Zoning File #1755.
2. The property is located in the LR-1C Single Family Lakeshore
Residential Zoning District.
3 . The property is approximately 0.055 acre in area.
Page 1 of 7
4. The Orono Planning Commission reviewed this application on
September 21, 1992 , and on a vote of 7-0 recommended
approval of the requested variances and conditional use
permit based on the following findings:
a. The previously existing garage was located partially on
the neighboring property, partially in the right-of-way
of Olive Avenue, and partially within applicant's
property. Said garage was in disrepair. Removal of
the garage is an improvement to the neighborhood.
b. Applicant has a reasonable need for storage for yard
maintenance equipment and other items which need to be
secured.
c. Any other location for a storage shed on the property
would require a similar number and magnitude of
variances due to the extremely small lot size.
d. Placement of the storage shed to the rear of the house
would eliminate the only vehicle parking area on the
property.
e. The proposed removal of existing gravel hardcover
results in a slight decrease from 41.6$ to 41.1$ (500-
1,000 ' zone) .
f. One or more of the above findings constitute sufficient
hardship for grant,ing of the variances and conditional
use permit.
5. Applicant commenced demolition of the pre-existing garage
and construction of the new shed without obtaining the
appropriate permits for such work after having been advised
of the need for such permits, and commenced such work after
making a variance/conditional use permit application but
prior to variance/conditional use permit approval.
6. 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,
Page 2 of 7 �
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 al leviate
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.
7. The City Council finds that granting a conditional use
permit to allow the construction of a 140 s.f. storage shed
on this through lot 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 wil 1 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.
CONCLIISIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants variances to Municipal Zoning Code Sections
10.25, Subdivision 6 (B) ; 10.22, Subdivision 2; 10.56, Subdivision 16
(L) ; 10. 03 , Subdivision 14 (C ) ; 10. 03 , Subdivision 12 and a
conditional use permit per Section 10.03, Subdivision 10 subject to
the fol lowing conditions:
1. Applicant shall obtain the appropriate demolition permit for
the garage, construction permit for the shed, and pay after-
the-fact investigation fees for the demolition permit,
construction permit, and variance application.
2. Applicant shall make any changes deemed necessary by the
Building Inspector to bring the storage shed into compliance
with building codes.
3. Applicant is advised that any future request and approval
for construction of a garage on the property wil 1 likely be
conditioned on removal of the storage shed.
Page 3 of 7
4. Hardcover in the 250-500' zone is approved at a level of
41.1�. All existing and proposed hardcover approved with
this variance approval is recorded in the calculation
worksheet and diagram enclosed with this resolution as page
6. The current property owner and all future owners of this
property are placed on notice that hardcover shall not be
increased above the currently approved level and any
proposed improvements of this property that wi 11 resu lt in
additional hardcover must be approved by the City. Such
approval may result in a requirement for concurrent
equivalent or greater removals of existing hardcover. A1 1
existing hardcover scheduled for removal as a condition of
this resolution must be removed within 30 days of the date
of this resolution.
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
conditions of this resolution will expire on that date
(October 12, 1993 ).
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 automatically terminate any
authority granted herein, and shall be punishable as a
misdemeanor.
7. The undersigned applicant has read, under�tood 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 4 of 7 �
. . , �
Adopted by the Orono City Council on this 12th day of
October, 1992.
ATTEST:
Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor
Property Owner(s )
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknow ledged before me on this
14th day of October, 1992, by Barbara A. Peterson & 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.
Notary Public
Page 5 of 7 �
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EXHIBIT A
RESOLUTION N0.
LEGAL DESCRIPTION:
Lot 24, Also that part of Lot 14 in Wiley' s Navarre Addition
Lake Minnetonka described as follows: B�ginning at the Northwest
corner of said Lot 14; thence Southeasterly 25 feet along the
Northerly line of said Lot 14; thence Southwesterly to a point
in the Southwestern boundary line of said Lot 14 distant 20 feet
along said Southwestern line from the Southwest corner of said
Lot 14, thence Northwesterly along said line to the Southwest corner
_ of said Lot 14; thence Northeasterly along the Northwesterly line
of said Lot 14 to the point of beginning; all in Hennepin County,
Minnesota.
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�� !�'`� CITY of ORONU
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� ti � �F, ;� Municipal Offices
� ` `�\ G Street Address: Mailin� Address:
��� �'9�� � p'�'� � 2750 Kelley Parkway P.O. Box 66
,ESS _ .
- Orono, MN 55356 Crystal Bay, MN 55323-0066
August 3, 2005
Cory Russo
2304 Shadywood Road
Wayzata, MN 55391
RE: SHED- A 04 SHADYWOOD ROAD
_._ _ _ ...__�
Dear Mr. Russo: �
On 06-24-02 the City left an inspection notice indicating that a shed on your property was
moved to an unapproved location. It has now come to the City's attention that the shed is
over the lot line and is encroaching on a neighbor's property. In 1992 a variance was
granted to the property to locate the shed on the side of the house. That is the only
location the shed can be placed.
Therefore the City must require you to remove the shed from the property or to put it
back in the approved location. A deadline of August 22, 2005 has been established. If
this deadline is not met the City will initiate legal action.
If you have any questions, please feel free to contact me at my office.
Sincerely,
�
Lyle Oman
Building Official
Rd
Enclosure - Survey
Telephone(952)249-4600 • Fax(952)249-461b
www.ci.orono.mn.us
�2ECE!l���
AUG 0 9 2005 August 8, 2005
CITY OF ORON�
Dear Mr Oman,
I am writing this letter as a formal request for an extension
on the deadline of August 22 given to move our shed at
2304 Shadywood Rd. Per our conversation, we will attempt
to have the structure moved by September 8, which would
give us 1 month as opposed ta 2 weeks. I am currently
investigating our options as to title insurance and contacting
the previous owner. We will make every effort to have this
done in a timely manner and if we run into problems that
might delay the process I will inform you immediately.
Sincerely,
��;n� � ' - _
Lisa Contadeluci
2304 Shadywood Rd
Orono, M N 55391
,-- .
AUG.24.2005 7�41AM OLD REPUBLIC NATL TITLE N0.122 P.2
I'I�` * �*
Brf4n A.9hcridan
* (� # o�,n ��uBzic ������p�►
1*�� �*�' Natlonal Tn�e tnsuranaa eompany . �8�4 Avonue Sou�h
�� HM�e���oo�����1a��
vo;o�;(61�)371-i�1�a�(soo�sas�4at,exc�aa9
Fsx:(6�1)371-3832 or(612)37�-117r4
Au�ust 24, 2005
VIA FAX T0: MR. LYL.E OMAN, BUILDIN'G OFFICIAY., CI'TY OF ORONO
R$: OLTR CLAIM#96410
(SI�.D-�►T 2304 SI�ADYWOOD RQAD) � — �- / L.t
COR'Y RUSSO AND LXSA CONTAD�LUCI
2304 S�YADYWOOD RO�iD
WAYZATA, MN 55391
Doar Mr, Oman:
Th�arilz you very mLlCh f01 your lcuid�18B8age.
Pursuaat to yaur letter o�8/3/2005, Old Republic National Title Tnsurance Compaay
(ORNTTC)is gee�in�aa eactension of tho deadli.z�e to move the ahed to its appmved
looation until September 30, 2005.
Though we wi11 continue our efi�orts on behalf of our i�ured owners to miove the shed
back to its appmved location by S�ptember 8,2045, it has�lius fax proved impracticable
to do so, Therefore,wc would greatly appreciate tho above-request�i ext�ion until
Septombex 30,Z005.
If you hav�any fuxther questians,please do not hesitate to cnmtact me.
Sincerely,
., � �
.
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Hrian A. Sheridan
Claima.Admiriistrator /�