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Home My WebLink About#5031 - CUP and variances ,. � °� o �,� o s �,�� - CITY of ORONO � �l�� :a`�� H ��L''� p�i��G~ RESOLUTION OF THE CITY COUNCIL .. �kESH�4 NO. � � � � A RESOLUTION GRAl�'TI�'G A CONDITIONAL USE PERI�IT PER PER l�1tiNICIPAL ZOti'I1`�'G CODE SECTiOIV' 10.03, SUBDIVISION 10 AIV'D VARIAI�ICES TO NZUNICIPAL ZONI�G CODE SECTI01�' 10.24, SUBDIVISION 5(B) FILE NO. 03-2932 `VH�REAS, Albert C. Trapanese & Cheryl A. Trapanese, husband and vvife, (hereinafter "the applicants") are the owners of the property located at 3220 Bohn's Point Lane �t�ithin the City of Orono (hereinafter tne "City") and legally describe�l as follows: Lot 1, Block 1, Bohn's Point Addition, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS,the applicants have made application to the City of Orono for a variance to Orono l��unicipal Zoning Code Section 10.24, Subdivision 5(B) to place a 2�'x 35' detached gara�e 20' from a street si�le lot line where a 3�' setback is required. Additionally, the applicants have reauested a conditional use permit in order to constnzct a detached accessory struchire on a property«�hicc�is considere� a"throubh.�t" by City Ordinance. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Mi-iriesota: FINDINGS 1. This application was reviewed as Zoning File #03-2932. 2. The property is located in the LR-1B Zoning District,which requires minimum lot area of 1 acre and minimum lot width of 140'. The area of the property is 1.44 acres (62,835 s.f.)and defined 1ot width is 183.51'. 3. The Planning Commission reviewed this appiication at a public hear.n�held on August 18,2003 and recommended approval of tne side street setback variance as �veli as approval of �he conditional use permit, based on the fo:lo�vinj findings: 1 ' ,,.. _ � �� O ,>� _ O � ��.: ,,, ,� CITY of ORONO ,� � , 1 � � �� L '�,.�p RESOLUTION OF THE CITY COUNCIL `9kESH�4 NO. � C1 �� a) The property has frontages in the front and rear of the property making it a through lot. b) Tr.e detached gara�e is considered an accessory structure, and c) The variance of 15' is supported by the hardships of the location of the existing driveway,the proximity to the house,the densely wooded rear yard,and the fact that the lot is a corner lot. d) The location of the proposed detached garage will be setback so as to meet a 209 street side yard setback. e) The proposal will not have a negative impact on light, air or open space in the neighborhood. � Vegetative screen �nd privacy fence alon� Bohn's Point Road should be maintained t� avoi�'. firture v;�ual imnacts as �-ieti�ed from R^t"�'� P(lint Rn��, g) Density of the v�gPtatior on the lot should be ket�t such t�at the visual impact from County Rd 51 is minimized. n) No access to B�hn's Point Road should be allowed for proposed garage. 4. The City Council has conside:ed this application including the findings ar�d recomm�ndation�of the Planninj Commission,reports by�ity staff,corunents by the applicants and the public,and the effect of the proposed 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 ii and do not apply generally to other property in this zonina district; that grantin� the variances �vould 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 keepin� with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 2 ' r � � O� O ,1� V _ O - �;3�� , CITY of ORONO � �%� �" �� :5 ��,� Y �� ~' RESOLUTION OF THE CITY COUNCIL "� . � � G ��kEsH�4� NO. � O F° " CONCLUSIOi�iS, ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 10.24, Subdivision 10 to allow a 20' setback where a 35' setback is required, and a conditional use permit for the construction of a detached ga:age/accessory structure on a through lot, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant, attached to this Resolution as Exhibit A. Any amendments to the site plan�vhich are not in conformity with City codes will require further Planriin�Commission and City Council review. 2. Vegetative screen and privacy fence along Bohn's Point Road are t� be maintained to avoid future visual impacts as viewed from Bohn's Point Road. 3. Density of the vegetation on the lot shall be kept such that the visual impact from County Rd 51 is minimized. 4. �,`o access to Bohn's Point Road snall be allowed for proposed gara�e. 5. Authorities granted by this resolution run with the property not with the applicants,but ara permissive only ar�d must be exerc��ed by obtaining a building permit for the new construction within one year of the date of Council approval,or the variance arld conditional use permit will expire on that date (Atigust 2�, 2004). 6. 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�-anted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicar�ts' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on triis 25th day of August 2003. 3 ' �;.. . � °� o ;,,� o . =1�� C ITY of ORONO � �� «�� 'C�t �� G RESOLUTION OF THE CITY COUNCIL 9kESH�4 NO. � 0 �3 � ATTEST: , , � , ," , � _._. �� ,e-e� �°� �Lir.da S. Vee, City Clerk Barbara A. Peterson, Mayar � � � ' G�.-� Cr . ��..; Pr rty O�vner(s) STATE OF MINNESOTA CGJNTY OF HENNEP iN 2 �� The foregoing instrumer�t was acknowledged before me on this=day of �ttc��-3,2003 by Barbara A. Peterson, Mayor o:the �ity of Orono, a Minnesota municipal corporation and said instrument��as executed on behalf of the City. " '.-'��' e �� RACHEL DODGE � ` 5 NOTARY PUBUC-MINNE�OTA L-'�G• ��,�� " My Comrr�ssion Expires Jan.31,?�05 •` -- - `� Notary Public _ _�� •�:<...: - STATE OF MINNESOTA COliNTY OF HENIVEPN " ,,�� The foregoing instrument was acknowled�ed befare me en this ��day of �-�;��2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument�vas executed on behalf of the City. -�- -_�r:r�r<''��?'�'..i c?�.:�::�'��` ,. . Fa,G��L DOCGE �� -,��:c��LC� ,L�t'r-E NOTARY PUBLIC-MINNE:?OTA d Nota PU ' , F,1y Canmission Expires Jan.31,2005 "s ry blic ��'--�.w.�w_,_, ,, 4 ' . �' �11�' O ;_, O . ��: �.,� CITY of ORONO r� 1 , ��' '�" i h ��t Y ,��0~ RESOLUTJON OF THE CITY COUNCIL YT` � �� 9kESH�4 N0. �� - STATE OF MINNESOTA COU?�,'TY OF HENNEPI'�i,T This instrument was acknowledged before me this �j / o��day of /-�i��,;- �" , 2003 �y ��^ ! Yl[' - � t � {l�f'1� � (� 1 Gl C' V . �(�Ci i�Ct ri�S� _ � u5 � c,nc! cl i �'i -�P � � LINDA '` __;>�; S. V�E , / ,:�,,��: NOTARYPUBLIC•MIN�dESQTA ' .^,�LCL� � �/�—C.� •�,�,<° �M��bn Expires Jan.31,2oos � I�Totary ublic STATE OF MINNESOTA COiJNTY" OF HENl�'EPIN This instrument was acl:nowled�ed before me this day of , 2003 by , Notary Public 5 ' t I �i • Est'ablished in 1962 �n i�JV�ICE NQ. 66285 '^. i . � LOT SURVEYS COMPANY, INC. ,-.B.No. 853-,2 � ' � LAND SURVEYORS scA�E: i�� = ao� � ' REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA q oe�ote� Moo uorwrt��t fo,,.,,J i � 7801 73rd Avenue North 783-680-3093 — 3(lnaeepolie,Mlanesota 6b428 Fez No.680-3522 '� Denotee Wood Hub Set �o . for excavalion or9Y . �Lt 1'U P 1J II I'S (�S P I't i f t i'tl t P Xov�.0 Denoten Exiating Elevolfon , Ol� Denotea Prapoaed Elevation �— Danotaa S�aface Droinoge �� tfIKE HAYES � o �� Property located in Section �1 < 8, ToNnship 117, Range 23 A\ S`�v`? Hennepin County, Minnesota \`�� ROPo , 1��5� 1 � G��N�� 0 1�10 � � Q O � � � - f- � z o � ai � M � PRpy05E� Z � GARa�.. -) Jy 9.� �. O .. .. N D N � M � m L.LJ Qj �?' N`z'z�B � �'""�. '..� 62 57 a 20.0 � ---•-43:9' --- � � RESIDENCE 30!° J NO.J2'O �, 30.0 A � N . . o� ,' W 12.33�.+ .. 62.5 ` 23.17. � in 37•.0 --•- --...•-� 23.17 v RESIDEYCE 3. ` No.J230 30.4 . c m'. �� a �. n• .t � �tf�. o � � y :a n .O ';,` � � 1g3.51 „�„s p� biLJT� 'L�_�_ ed9c T �ANE goHN, S p OIN Lot 1, Block 1, BOHN' S POINT ADDITION �f " • � � �^� � � s t . � � d�� ;' r r.;) ,�.. The ody easements shown ore from piats of rccord or informeGon e � proviCed by client. //,� . 'Ne AereEy certify that this is o true and cwroct representolion of ��) /i o survey of the Dounduies of the above described land and !he �� / L :ocation of atl buldngs end vis�tk encroachments, if any,from or on S�9�ad e ( v!/t� said knd. : Surveyed by ue lhls 8TH Cay of `MY 20�1� Cra9�Y R-`'�R �iMm R g�NoN24992�,�