HomeMy WebLinkAbout#2324-variance-1987 ,�, � . .
Ci.t� o� ORONO
• " RESOLUTION OF THE CITY COUNCIL
� NO. 2324
�
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� RESOLDTION GRAA1TIIdG �
A VARIANCE TO
� MDIJICIPAL ZONING CODE
SECTION 10.22, SQBDIVISaON 2
FII.E #1227
WHE1tSAS, Patrick Middleton (hereinafter "the applicant") is
the owner of the property located at 720 Tonkawa Road within the City
of Orono (hereinafter "City") and legally described as follows:
That part of Lot 9 "Partens Point, First Division", Hennepin
County, Minnesota, • lying northwesterly of the following
described line and its extensions : Beginning at the
midpoint of the southwesterly� line of said lot; thence
northeasterly through the midpoint of a line drawn from a
point on the northwesterly line of said lot distant 236.5
feet northeasterly from the most westerly corner of said
lot, to a point on the southeasterly line of said lot
distant 208 feet northeasterly from the most southerly
• corner of said lot, to the northeasterly line of said lot,
and there ending, (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 2 to
permit the construction of a detached garage and driveway resulting
in hardcover in the 75-250' lakeshore zone in excess of the 25$
hardcover normally allowed. �
NOW, THSR$FOR�, BE IT RSSOL�IED by the City Counci 1 of Orono,
�Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1227.
2.� The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
November 16 , 1987 and recommended approval of the proposed
variance based upon the following findings:
a) The property is steeply sloped from the road down to the
lake. The location near the road is appropriate for a safe
and functional driveway location. �
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Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2324
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b) The proposed garage construction results in a net
decrease in hardcover in the 75-250 ' zone.
c) Applicant has a hardship in that there is no existing
garage on the property in which to store vehicles or
equipment.
4. The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by City staff, comments by the applicant and the effect
of the proposed variance on the health, safety and welfare of the
community.
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 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.
CONCLDSIOIdS, ORDER AYdD CONDITIOIdS
� Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.22,
Subdivision 2 to permit the construction of a detached garage and
driveway which will result in 51.8� hardcover in the 75-250' lakeshore
setback zone where only 25� hardcover is normal ly allowed, subject to
the fol lowing conditions:
1. Applicant shall submit a grading plan for City approval prior
to issuance of a building permit for the garage.
2. Applicant shall revise driveway plan so that the width of the
driveway entrance to Tonkawa Road is no greater than 15 ' .
3. Applicant shall revise the driveway proposal to include a
backup apron so that vehicles may enter forward onto Tonkawa
Road.
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Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2324
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. Final hardcover approved for the 75-250' setback zone is as
follows (lot area in 75-250 ' zone = 8 ,619 s.f. ) :
. . House 1,220 s.f.
Sidewalks 441 s.f
Landscape areas 189 s.f.
Patios & decks 933 s.f.
Garage 720 s.f.
Driveway 962 s.f.
Total 4 ,465 s.f. or 51.8�
Applicant is advised that no future hardcover increases on the
property will be approved, but might be approved only in
conjunction with concurrent removals of existing hardcover.
5. 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 (December 14, 1988). ,
• 6. 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.
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.
Adopted by the Orono City Council on this 14th day of
Dece�er, 1987.
ATTE 'T:
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orothy M. lin, City Clerk Jam� R. Grabek, Mayor
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Pro ert Owner(s)
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Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2324
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STATE OF MINNESOTA )
. ) ss.
COUNTY OF HENNEPIN )
On this ���' day of ►O�v� � 198�
before me Notary ublic within and for said county, personally
appeared �.� d- ��0�, , � �� known to me to be
the person(s ) describe in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed. ,
THEREBA L. NAAB NOTARY PUBLIC
NOTARY PUBUC� MINNESOTA
HENNEPIN COUNTY
• My commission expiras 9-8-92 /� �_��
Cj
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss. �
COUNTY OF HENNEPIN )
On this day of , 198 , 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
MY COMMISSION EXPIRES .
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