HomeMy WebLinkAboutResolution #2431 Zoning VarianceCity of OROINO
RESOLUTION OF THE CITY COUNCIL
NO.2431
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 13,
SECTION 10.22, SUBDIVISION 2,
SECTION 10.03, SUBDIVISION 15(F), AND
SECTION 10.25, SUBDIVISION 6(B)
FILE 11260
WHEREAS, John Nyquist (hereinafter "the applicant") is the owner
of the property located at 1432 Baldur Park Road within the City of Orono
(hereinafter "City") and legally described as follows:
Lot 1, Block 1, Baldur Park, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.03, Subdivision 13 and 10.03, Subdivision
15(F) to allow construction of a detached garage to be located 5' from the
side lotline and 20' from the street lot line where a side setback of 10*
and a street setback of 30' are normally required, and for a variance to
Section 10.22, Subdivision 2 to allow hardcover in excess of the 25%
hardcover normally allowed in the 75-250' lakeshore setback zone.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
: I
1. This application was reviewed as Zoning File #1260.
2. The property is located in the LR-IC Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on April
18, 1988 and recommended approval of the proposed variance based upon
the following findings:
A) The existing garage located 2' from the side lot line will
be replaced with a new, larger garage located 5' from the lot
line. The 5' side setback variance is justified by the need to
maintain an adequate corridor to the right side of the garage for
future well maintenance access, and will provide a more useful
yard area than if the garage was centered on the property.
Page 1 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2431
B) The existing garage is 3.8' from the street lot line. The
proposed 20' street setback for the garage will allow parking of
vehicles in the garage and in the driveway without encroaching
into the traveled right-of-way. Baldur Park Road is a lightly
traveled residential street, and site distance is adequate in
both directions so that the proposed garage location will not
create a hazard in the neighborhood.
C) The applicant can reduce the percentage of hardcover on the
property by removing certain landscaped areas underlaid by
plastic, and by reducing the magnitude of the sidewalk and
driveway apron. The Planning Commission finds that the proposed
garage with storage above it is a reasonable request since the
existing house has no basement due to its elevation above the
lake level, and in conjunction with hardcover removals the net
amount of hardcover on the property can be reduced.
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 demon
strable 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 findings noted above, the Orono
City Council hereby grants a variance to Municipal Zoning Code Section
10.03, Subdivision 13 and Subdivision 15(F) to permit the construction of a
detached garage to be located 5' from the side lot line and 20* from the
street lot line where a 10' side setback and 30' street setback are
normally required, and grants a variance to Municipal Zoning Code Section
10.22, Subdivision 2 to allow additional structural hardcover in the 75-
250' setback zone where the pre-existing hardcover already exceeds the 25%
hardcover normally allowed, subject to the following conditions:
Page 2 of 5
City of OROIVO
RESOLUTION OF THE CITY COUNCIL
NO. 2431_ _ _ _
1. Hardcover
A. 0-75' aone. the only hardcover allowed on the property
in the 0-75' zone includes the following:
House 860 s.f.
Patio area 360 s.f.
Total (zone area = 3550 s.f.) 1,220 s.f. or 34.4%
The applicant shall remove the plastic-underlaid landscape areas
to the north and south sides of the house.
B. 75-250' zone. Hardcover allowed is as follows:
Existing house
Existing porch
Existing porch
New garage
Revised driveway area
Revised sidewalk from garage to house
Total (zone area = 4087.5 s.f.)
273 s.f.
96 s.f.
84 s.f.
784 s.f.
370 s.f.
120 s.f.
1,727 s.f or 42.3%
The applicant is required to complete the hardcover removals and
revisions prior to final inspection of the new garage structure.
See exhibit "A" attached for illustration of approved hardcover.
2. Applicant is advised that no additional hardcover will be allowed
on this property, and any future proposals to increase hardcover on
the property might be approved only in conjunction with concurrent
removals of existing hardcover, resulting in no net increase in
hardcover on the property.
3. The property owner shall not block the existing culvert leading
from his property across Baldur Park Road, nor shall he cause the flow
through such culvert to be impeded in any way.
4. Authorities granted with 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 (May 9,
1989).
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.
Page 3 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.2431
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 9th day of May, 1988.
Page 4 of 5
I' • “S
city of OROJXO
RESOLUTION OF THE CITY COUNCIL
NO. 2431
STATE OF MINNESOTA
COUNTY OF HENNEPIN
) ss.
On this day of CFU-fOe^198
before me a Notary Public within and for said county, personally
appeared ."T^^hn G. 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.
?
Patricia L. Peterson
NOTARY PUBUC - MINNESOTA
HENNEPIN COUNTY My commission expires 7>15-93
NOTARY PUBLIC
MY COMMISSION EXPIRES
STATE OP MINNESOTA )
)ss.
COUNTY OP 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 foregoinginstrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
Page 5 of 5
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