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Home My WebLink About#3954-variances/CUP-1997 �-----t-. _ .: � O� � • O O L _ �b. - C ITY of ORONO � ti � G'� RESOLUTION OF THE CITY COUNCIL L�kESH�4��' . NO. e3 �� 4 � ; A RESOLUTION GRANTING VARIANCES � TO MLTNICIPAL ZOI�TING CODE� SECTION 10.03, SUBDIVISIONS 9 (B & D) AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 10 FILE NO. 2270 WHEREAS, Marcia Hickey and Kenneth Hickey (hereinafter "the applicants") are owners of the property located at 4640 Tonkaview Lane within the City of Orono (hereinafter "the City") and legally described as follows: Lot 47, Block 1, Tonkaview Gardens, Hennepin County, Minnesota (hereinafter "the property"); and WI�REAS, the applicants have applied to the City for variances to Municipal • Zoning Code Section 10.03, Subdivisions 9 (B & D) to permit the construction of a 26' x 38' detached garage located in front of the principal structure. A variance for locating an accessory � structure forward of the principal structure on the lot is required. A conditional use permit for locating an accessory structure on a through lot is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2270. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District where the minimum lot area requirement is one acre. 3. The Orono Planning Commission reviewed this application on August 18, 1997 and recommended approval on a vote of 5 to 2 of the proposed variances based . upon the following fmdings and hardships: • Page 1 of 5 � �� O O �b. - CITY of ORONO � � . �� G'� RESOLUTION OF THE CITY COUNCIL . � �`�kESH�4��' . NO. � 9 5 4 . A. There is currently no enclosed storage for vehicles on the lot for protection from the elements. � B. The zoning lot does not conform to lot width requirements for the LR-1B Zoning District. C. The topography of the lot limits the location of the structure. 4. 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 variances 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. � . 5. The Ciry Council finds that granting a conditional use permit to allow an accessory structure on a through lot will not be detrunental 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 its use 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. 6. The City Council has considered this application including the findings arid recommendations of the Planning Commission, reports by City staff, comments - by the applicants and the effect of the proposed variances 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 a variance for location of an accessory structure in front of a principal structure to Municipal Zoning Code Section 10.03, Subdivisions 9 (B& D); and a conditional use permit for locating an accessory structure on a through lot per Section 10.03, Subdivision 10 to permit • construction of a 26' x 38' detached garage, subject to the following conditions: Page 2 of 5 . � � f � °� � o 0 �b. - C ITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCI� . �L�IiE Hp4�'G . . NO. � � � � . � S . 1. The non-conforming storage shed located within the front setback will be ' allowed to remain. 2. The height of the structure must not exceed 13' as measured by the definition of height in the Zoning Code, Section 10.02, Definitions, 13. 3. The footprint of the garage is not to exceed 988 sq. ft. and placement of the driveway shall be located according to E�ibit A dated August 22, 1997. 4. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building pemut within one year of the date of Council approval, or this variance will expire on that date (September 8, 1998). 5. 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. � 6. 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 8th day of September, 1997. A ST: � . . Dorothy M. a n, City Clerk Gabrie Jabbour, Mayo � � �� Properry Owner (s) v • � . Page 3 of 5 . � �� • O O � b. - CITY of ORONO � _ � � �� ,'� RESOLUTION OF THE CITY COUNCIL � ��kESH�4��' � NO. STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of September, 1997 by Gabriel Jabbour and Dorothy M. Ha11in, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. o =• . JAMIE L.GEMAR :'"' ' � NOTARY PU81.NC-MINNESOTA , '�� a• FI'�q�lEPlNCOUNTY �J,/ MM MyCar�onEx�res�an•3�.200o No Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) • � On this aN► day of Q'L�(�it� , 199� before me a Notary Public witY�in and for said county, personally appeared`}ri � known to me to be the person(s) described in and who execut d the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �" dAMIE L.GEMAR '� ` � HOTARYPUBl.4C-MINNESOTA aiynt�, ��.`�Pirrutn� FI�IN�IN COUNTY Mti+Co�on Expires,Jan.3t,200o NO Y PUBLIC STATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) On this �� day of�a�1P��,h-P/ , 199 7 before me a Notary Public within and for said county, personally appeared ��n�� /.-�i`f.�Ce�/ ► �J'/Q/'�'i`e�/ lrnown to me to be the person(s) described in and who execute the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. _�•. 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