HomeMy WebLinkAboutRes 3231 •
1, 0.4tO CITY of ORONO
tH R— RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 6 (B)
FILE #1791
WHEREAS, Blake Bichanich (hereinafter "the applicant") is owner of the
property located at 332 Westlake Street within the City of Orono (hereinafter "City") and legally
described as follows:
Lots 4 and 5, Block 1, Hillside Park, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of additions to his
existing house within a substandard side yard setback. The maximum encroachment into the side
yard setbacks will remain at 20.1' to the north side lot line and 12.7' to the south side lot line
where the required side yard setback is 30'.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1791.
2. The property is located in the LR-1A, Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application on January 19, 1993,
and recommended approval of the proposed variance based on the following
findings:
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Form 5005 Disk Orono
O O CITY of ORONO
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;' �> RESOLUTION OF THE CITY COUNCIL
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A. A combination of the two parcels will bring the property closer to
conforming to 2 acre minimum requirement.
B. The narrow lots severely restrict development on the combined parcels.
C. The maximum encroachment into the side yard setback area will remain
the same and hardcover additions within the substandard setback will be
limited to 50 s.f. in area.
D . The hardcover including all proposed changes is well below the required
percentages in all but the 0-75' zone, which will not be intensified.
E. Lot coverage for the combined parcel is approximately 2%.
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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the
construction of additions to the existing home subject to the following conditions:
1. Two parcels, 324 and 332 Westlake Street, must be legally combined prior to the
issuance of a building permit for the proposed construction.
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Form 5005 ask 010110
�' O CITY of ORONO
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11)4 :;.
:.� �, RESOLUTION OF THE CITY COUNCIL
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2. The residence must be connected to the municipal sewer prior to the final
inspection by the City inspector of the new construction.
3. Applicant is placed on notice that the accessory structure located within the 0-75'
setback zone is non-conforming and subject to all pertinent ordinances. Any
structural repair will require City approval.
4. 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 this variance will
expire on that date (February 8, 1994).
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 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 8th day of February, 1993.
A :ST:
AP e ., .1 /I. ///
./e i ,',/-Pr-K/ s ,2i///-4,1,--o-
ll orothy M.(iii in, ity Clerk ward J. Callahan, Jr., Mayor/
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'roperty •wner s
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Form 5035 000003
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4 CITY of ORONO
'"�,} RESOLUTION OF THE CITY COUNCIL
Ar 3231
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 8th day of
February, 1993, by Edward J. Callahan, Jr. & 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.
(;274,,,z__)
.X CAROLE A. HASEMAN Notary Public
NOTARY PUBLC--MP4NE3OTA
HENNEPIN COUNTY
MY COMMISSION EXPIRES&2193
My Commission Expires
Page 4 of S
Farm 5005 Dist Orono
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CITY of ORONO
_ ,
�> RESOLUTION OF THE CITY COUNCIL
�, NO. 3231
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ri day of ,.Tu r e- , 199 3 before me a Notary
Public within and for said county,personally appeared g/a/:z, [YU 8 'c h c, ,,;c.h - (ll a r yy 6,T i- sen,
u n mar f;of et i rs c 4 -Ike p re,p e known to me to be the person(s) described in and who &'xecuted
the foregoing insjtrument, aid acknowledged that he (they) executed the same as his (their) free
act and deed.
LINDA S. VEE ei. L/ �
_
NOTARY PUBLIC MINNESOTA
0...:
HENNEPIN COUNTY NdTARY PUBLIC
My commission expires 8-12-98
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_ 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
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Form 5005 Disk Orono