The URL can be used to link to this page

Home My WebLink About#4471-variance-2000 / r I /O O b CITY of ORONO RESOLUTION OF THE CITY COUNCIL Vs 0�9 4NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 6(B) FILE NO. 2582 WHEREAS,Francis Edward Koubsky and Susan Ann Koubsky,husband and wife, (hereinafter "the applicants") are the owners of the property located at 4784 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lots 7 and 8, and that part of Lot 9,lying southeasterly of a line described as follows: Beginning at a point on the Northeasterly line of said Lot 9; distant 15 feet northwesterly from the most easterly corner of said Lot 9;thence southwesterly to the most southerly corner of said Lot 9, and there ending; all in Block 3, Bergquist and Wicklunds's Park, Hennepin County, Minnesota(hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.24,Subdivision 6(B)to allow the construction of an attached garage/room addition to the existing residence to be located 10' from the front yard where 35' is required. WHEREAS, after due published notice and mailed notice in accordance with `linnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on May 15, 2000, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 6 O O O CITY of ORONO GRESOLUTION OF THE CITY COUNCIL SHD4� NO. 4 A FINDINGS 1. This application was reviewed as Zoning File#2582. 2. This property is located in the LR-1B Zoning District,where 1 acre or 43,560 s.f. is the minimum lot area. The property consists of approximately .41 acres or 18,073 s.f. 3. The Orono Planning Commission reviewed this application on May 15, 2000 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The structural coverage on the lot is increasing to 2,139 s.f.(11.8%),but still well below the allowed 15%. B. The 75-250'hardcover on the lot is decreasing to 0%,well below the allowed 25%. C. The 250-500' hardcover on the lot is increasing to 3,540 s.f. (29.9%), still below the allowed 30%. D. The proposed yard encroachment near the north lot line abutting "Park Avenue"is necessary to allow construction of the proposed two stall attached garage at a location that will not conflict with the existing house room layout, and will have minimal impact on neighboring properties. 5. 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 applicants,but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 O O O CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL ��9kE Kp4�'G NO. 4 6. The City Council has considered this application including the findings 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 Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.24, Subdivision 6(B)to allow the construction of an attached garage/room addition to the existing residence to be located 10' from the front yard where 35' is required. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. 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 22, 2001). 3. Access to the property shall be gained via a driveway within unimproved public right-of-way known as Park Avenue at the north. Applicant shall provide address signage at the intersection of driveway with Tonkaview Lane and at north lot line of property. Applicant's address shall be reassigned to a Tonkaview Lane address. Applicant shall also agree to participate in the upgrading and ongoing maintenance of the privately maintained shared access driveway to property. 4. 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. . 5. The undersigned applicants 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. Page 3 of 6 / 0 y_ - CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ESHO44'G NO. 447R' Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 22nd day of May, 2000. ATTEST: Linda S. Vee, City Clerk Gabn Jabbour,May Property Owner(s) 6—N STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of May, 2000 by Gabriel Jabbour and Linda S.Vee,Mayor and City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. AR"A MW N.OMAN Notary Public NOfAR11 PI�LIC-AlREBdTA *Comb"E*N JM 51,2005 I Page 4 of 6 I 'v 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL �9kEs_K0 NO. 4471 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this 7-4b day of r)C1'-6btfY ,2000,before me a Notary Public within and for said County, personally appeared ,5 eALXt.-'j t-46utasrW cu'•1�4:," a,un rALfzj4j 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. AMID& HW Arm 1�S- Notary Public Nar�t�ue�.ic- 4W Ily CaWWW E*=jw 31.20 3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of ,2000,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 Page 5 of 6 ..� Exhibit A CERTIFICATE OF SURVEY FOR r+�`E spe,Y 4 4 71 FRANK AND SUSAN KOUBSKYs '; IN LOTS 7,9&9, .BLOCK 3, BERGQUIST & WICKLUND' S PARK 4* HENNEPIN COUNTY. MINNESOTA. . o^ �� \ •�� .nom'' c• T'7 � � ' 11%J cpos ce, , h r .t1 E: 0 9O x, do c 49 .. tMeI Dug TKW a PgEM:y : I _ ots end end trot 0110.el tot 9.I�n'fg eoutnedalsrlf of a fine desm�ed as fde.a: Beginning of a pee+.en lne►brlheaaterty foe of said Let 9,del. 13 fut nerthwssterfy ban lne frost eeslMy coma of said . . Ldt 9:.Pone+saM.OZk to the frost 9ftt"cmrr of seid wt 9.O'd „ tbwo eroing;d iw BiosM .1./rppest and WiCkWft'6 POM + t o: denotes ban manta3"t ~ Beab'gs snow"se tlefed aper on der4red down This avvsy intends to snow the ba leg of 04 dto.w d"abOe rdoat,. L tne Mcat;on of of existing house,ad the leddtter of el visible 'hadcever' Uwm%It does not prprt to lee.o, diner wWovanonts or encreadvnents. KW caloensv soavt 0.7f fsfCwRw ILnvlr ensfr gut tAe>erwr.s.pnprd KarrefdWafr Jbatt g'R' 1'ti?d l •else.adtniulfwed.hrMnlC7dtFtlifwrfrdta+d Setve!aued<• to I—S of the Sunt d k4"rm . fytj•� foe fat Duro sv \J NMS GaelrR Mirrafu Liam. X-Ii0 Page 6 of 6