HomeMy WebLinkAboutResolution 2980 •f
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p 5824335
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v CITY of ORONO
G� RESOLUTION OF THE CITY COUNCIL
��kESH04� NO. 2980
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2. AND
SECTION 10.03, SUBDIVISION 15 (F)
FILE #1649
WHEREAS, Daryl and Elaine Peterson (hereinafter "the
applicants") are the owners of the property located at 1921
Fagerness Point Road within the City of Orono (hereinafter
"City") and legally described as follows:
Lot 18, Fagerness, Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, the applicants have applied to the City for
variances to Municipal Zoning Code Section 10.22, Subdivision 2
and Section 10.03, Subdivision 15 (f) to permit the construction
of a 2 car detached garage to be located 4.5' from the side lot
line where a 10' side setback is normally required, and
contributing to a hardcover percentage of 31.2% in the 75-250'
zone where hardcover is normally limited to 25%.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1649.
2. The property is located in the LR-1C Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on June 17, 1991, and recommended approval of the proposed
variances based upon the following findings:
A) There is no garage currently existing on the
property. The property is triangular shaped, coming to
a point at the rear of the lot. Existing retaining
walls, topography, and the angle of the lot lines in
TRANSFER ENTERED relation to the house, provide sufficient hardship to
►EPT,OtPROPERTY TAX&PUBLIC RECORDSjustify granting of a side setback variance.
SEP 12 1991 B) Granting of the side setback variance will have no
significant impact on neighboring properties.
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N4CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
�kESH0 NO. 2980
C) The need for a long driveway contributes to the
excessive hardcover on the property, however,
extraneous hardcover on the property is intended to be
removed to result in a decrease in hardcover on the
property from 34.9% (of which 1.1% is landscape rock
and plastic) down to 31.2% in the 75-250' zone.
4 . 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 variances 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
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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants variances to Municipal Zoning
Code Section 10.22, Subdivision 2 and Section 10.03, Subdivision
15 (F) to permit the construction of a 201x241 , 2 car detached
garage located 4.5' from the side lot line where a 10' side
setback is normally required and contributing to excess hardcover
on the property, amounting to 31.2% in the 75-250' zone where
only 25% hardcover is normally allowed, subject to the following
conditions:
1. Hardcover in the 75-250' zone is approved at a level of
31.2%. All existing and proposed hardcover approved with
this variance approval is recorded in the calculation
worksheet and diagram enclosed with this resolution as Page
3. The current property owners and all future owners of
this property are placed on notice that hardcover shall not
be increased above the' currently proposed level and any
proposed improvements of this property that will result in
additional hardcover must be approved by the City.
Page 2 of 5
RESOLUTION #2980
Z R CERTIFICATE OF SURVEY FOR
DAFiRYL & ELAINE PETERSON
y �O�k P•,• OF LOT 18,FAGERNESS
: ;V•+, ''y .� } Ies}c r�""Ld HENNEPIN COUNTY,MINNESOTA
P'Oposta 1-?r*Vc«.anu b.1
/ DWnE,TS b%*- .10h
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towj° �•'Db fa•'�a' .. ,':•,may J\"? % F_
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COFFIN&GRONBERG,INC.
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ENGIN EERS.LANO-�EYDRS.PLANNERS
LONG LAKE.MINNESOTA
r.�;wCr:Ei C;LC�L4Ti08 iIOSKSHEci --` HA11000VEB GLCf,'LATIMI WORKSHEET
_E EAC:I C:NE: (C:,=,Cu CNE) 0-75' 7=-2`.i' 2:u-SOD' :c0-'_OOO' �(�� SE-_ACK z:::E: (C RCL- CNE) 0-75' i:-�57'� c:S 5J0 Q-1000
�fv
EXISTING HARCCOVER IN ZONE - ' ('0! EXISTING W;.R000VER III ZONE
____________________i___ _____________»���__ a
l P� "tet
... HOUSE 2..Y T //./ 76,.0 S.F.1 .. ... HOUSE X S.F.
LENGTH WIDTH LENGTH WIDTH
28:'1 x //.o �19.'Y S.F.( /D<i.Y D`4,a x «�.. .—S.F.
3?.OSar-x .. 12.7 A/07.0 S.F.��,�// x S.F.
x 2 1.6 S.F.1/ 9 b" X S.F.
.. .. .S x S7 S.F � ._ x S.F.
B. UaNAGE -•'7-O x Zy S.F, B. GARAGE x '1 S.F.
C. URIYEHAY X iia- S.F, c. DRIVEWAY X 60 S.F.
x L93YE 3OS S.F. —T_x S.F.
x
D..SIDEWALK Att.rrrt 3/S S.F.V 315 D..S"ew*ts- x
S,F.
(./Oen
X _ +3C S.F. 3 /O x 2 20 S.F y
xrpT( 777
E. ipi,sA'o'L E. k-r•tC� g x S.F.
E"�K /7 8.gym x.. /2.7 2f./ S.F✓/ Z2(o.1 'tlECr 8 X.. O.s ..Y. ..S.F. •.
RBv.fc 7 x Y = 28 ✓ Za
F.LAaws:aPe X S. F.LANOSCAPE x S.F.
xp{y8 Wwo_ J8.Sx 2 s 77 - AREAS - -
L'TO:Rbtl tl UNDERLAIN
^!Y- . LIiODe 23i X 0.5.. ._//6-' S.F. Y ZZv' BY . X •' S.F.
rt*3"C /7 x / /7 PLASTIC
311 ._ .. /•�'�—
E_4-LNG SHEETING
�•P x /6 12.8 S.F X w S.F.
t•ef( Y8 x S. 3QJ,'I X .. S.F.
NAAf d weft
G. OTHER •3'/ X Z S.F.a e G. OTHER X _ S.F. ❑ �.
TOTAL HARDCOVER IN ZOITE - •�a20 S.F. A YT� TOTAL HARDCOVER IN ZONE z/S S.F. -A
TOTAL PROPERTY AREA IN ZONE - /j•7 C S.p. ® 1319 TOTAL PROPERTY AREA IN ZONE - •<' O S S.F. ® ��
�820 i.B.. /T 795' x100 - 3Y9 A z/S g 605 x100 . -7-5
Page 3 of 5
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�kESH0 NO. 2980
Such approval may result in a requirement for concurrent
equivalent or greater removals of existing hardcover. All
existing hardcover scheduled for removal as a condition of
this resolution must be removed prior to the footing
inspection for the new construction.
2. The garage shall be constructed per the description
provided to the Planning Commission, i.e. standard 8' wall
height and peak height of approximately 121. Any revisions
to the garage plans which significantly change the character
of this structure shall be subject to further City review.
3. 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 permit
within one year of the date of Council approval , or this
variance will expire on that date (July 8, 1992).
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.
Adopted by the City Council of the City of Orono,
Min sota at a regular meeting held on the 8th day of July, 1991.
AT S
'oe
thy M , City Clerk Barbara A. Peterson, Mayor
Pr ` e ty -Owner(s)
Page 4 of 5
O
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
x
isutio
NO. 2980
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on
this 8th day of July, 1991, 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.
THERESA L HAA13
CSOTA
WE A
NOTARY PUBLIC- MINNC�
t:4A Rotary Public
HENNEPIN COUNTY
ires -8-92
ST NN ffflEvft%p
ss.
COUNTY OF HENNEPIN
On this day of 199
before me a Notary Public within aria fa said county, personally
appeared M.P
r,,- Oau,l'w t44Sm 1. 6jj'pars 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.
..............
THERESA L HAA13
"VARY PUBLIC
p- MINNESOTA
,
HENNEPIN COUNTY
&V coff"fission expires 94V
Notary Public
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
Page 5 of 5
3
RESOLUTION #2980
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin
County , Minnesota , do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on _ July 8 , 19 91 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting .
In Witness Whereof , I have hereunto set my hand and seal this
15th day of Auly 19 91
rd thy M. allin , City Clerk
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