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Home My WebLink AboutRes 3118 , , v. 0.4i. 7 0 O = .� CITY of ORONO ��`11t O%' RESOLUTION OF THE CITY COUNCIL IA �, r to 4kESHdi% NO. 3118 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISION 2 AND 10.24, SUBDIVISION 5 (B) FILE #1726 WHEREAS , Barbara J. Olexa and James G. Olexa (hereinafter "the applicants") are owners of the property located at 995 Wildhurst Trail within the City of Orono (hereinafter "City" ) and legally described as The East 111 feet of the Southeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 7 , Township 117, Range 23 (Certificate of Title No. 688946 ) , Hennepin County, Minnesota (hereinafter "the property") ; and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to allow structural improvements consisting of a 20' x 31' addition and the expansion of a second story addition over existing garage within the 75-250' setback area where an excess of hardcover exists proposed at 5, 082.58 s.f. or 36.7% where 5, 201 s.f. or 37.5% exists and where only 25% is allowed and a variance to Section 10.24 , Subdivision 5 (B) to permit the addition to the east side of the residence to be located 5' 6" from the side lot line instead of' the required 10' requiring approval of a 4' 4" or 44% setback variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1726 . 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District requiring one acre in area. 3 . The Orono Planning Commission reviewed this application on April 20 , 1992, and recommended approval of the proposed variances based upon the following findings: Page 1 of 5 g °.11, o o '1 t,0, CITY of ORONO a �l'S,A1��11� � lk I�i�1;iM� G~ RESOLUTION OF THE CITY COUNCIL ��kESH�g� NO. 3118 A. The existing detached garage within the street yard does not meet the street setback standard of 10' and is located approximately 2' from the curve adjacent to the public roadway. B. The detached garage in this area does not conform to current development pattern for homes within this neighborhood. C. There is no hardcover within the 0-75' setback area. D. The proposed addition and second story bedroom expansion will not encroach the average lakeshore setback line. E. The neighbor receiving the most impact from the proposed construction has provided a written statement approving of the application. 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 applicant, 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 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. Page 2 of 5 0 0 CITY of ORONO AAI � 0;1'71 6ti, RESOLUTION OF THE CITY COUNCIL kEstioVa NO. 3118 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 10.22, Subdivision 2 and Section 10.24, Subdivision 5 (B) to permit the construction of a 31' x 20' garage/porch addition to the east side of the existing residence and the expansion of a second story addition over the existing garage within the 75-250' setback area where excesses in hardcover exist and to approve a 5' 6" side yard setback for the addition to the east lot line, subject to the following conditions: 1. Applicant shall obtain a demolition permit at the time of application for a building permit for new construction. The detached garage must be removed within 10 days of occupancy and use of attached garage. 2 . Applicant shall remove 210 s.f. of plastic along south and west side of residence prior to the footing inspection for proposed construction. The Building Inspector shall confirm the removal of the plastic. 3 . 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 11, 1993 ) . 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 5 , , .ip. °� o o lotfli.i;4_ CITY of ORONO pi � jr ti � t ��i,,'tl�,'� �G' ' RESOLUTION OF 3 HE8CITY COUNCIL 1 '! � 9kES1I04 NO. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 11th day of May, 1992. ATT 4 T: , ,6/,,,,./,_,.4 40iew . i ,, . i . : .e, / / _...• B . oth /lin City Clerk Barbara A. Peterson, Mayor 4 lir ._, r .„ , , , - 1‹,Q.A,Thc__ _ -2\ (Akia._ Property Owner(s ) STATE OF MINNESOTA ) ss . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of May, 1992 , 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. C---)11,/y-kA44C9--. Notary I Public �J-...—z-:- Page 4 of 5 . s .:. e_":." .4• HE PU iN cou NESOTA 1 .. HENNEPIN COUNTY ./('y,_ .y_,fm-Expires 12-19-97 l`1 � ,llJ„,,'/✓IJ.1 O , . .. , ‘ ,- ‘v. v _ O t� CITY of ORONO 1� ,�^1�Mti Gti RESOLUTION OF THE CITY COUNCIL li ESH g4 NO. 3118 STATE OF MINNESOTA ) ss . COUNTY OF HENNEPIN ) On this //41) day of 1 / � , 199�. before me Notary Pu?� is with' and for Usaid count/', personally appeared ryt eD A U Y- .llg ; ./� ` ccQ.4.0.'" 2 d u . known to m to be the person(s) described in and who executed9t e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ° JAMIE L.BOSMA Qarn.A.-a-X/4V-974-41--- = �. NOTARY PUBLIC MINNESOTA HENNEPIN COUNTY NOTARjY PUBLIC ` My Comm.Expires 12-19-97 `' �✓ 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