The URL can be used to link to this page

Home My WebLink About1990-01-08 Resolution 2749City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2749 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE #1474 WHEREAS, Donald Belawski (hereinafter "the applicant") is the owner of the property located at 1695 Concordia Street within the City of Orono (hereinafter "City") and legally described as follows: The south 50' of Lot 16, "Coffee's Additi(-n to Shadywood", Hennepin County, Minnesota (hereinafter "the prope_`y")s and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a 2 -car detached garage in the 75-250' lakeshore setback zone, which garage will increase the hardcover on the property in excess of the allowed hardcover limits. NOW, THEREFORE, BE IT RESOLVED by the City Council of Crono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1474. 2. The property is located in the LR -1C Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on November 20, 1989, and recommended approval of the proposed variance based upon the following findings: A) An existing sewer main crossing the property limits the suitable locations for a garage on the property. B) The property is long and narrow, with the house being located approximately 190' from the street. Placement of the detached garage nearer the house will provide a more functional use of the garage as well as provide a greater measure of security for children playing in the yard. Page 1 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. C) The hardcover increase in the 75-250' zone from 21.5% to 23.1% is primarily due to the slightly larger size of the proposed garage as compared to the existing garage. D) The applicant will be removing the existing detached garage which is located nearer Concordia Street within the property boundaries. E) The property has excessive hardcover (32% where none is allowed) in the 0-75' lakeshore setback zone, consisting of the existing residence and deck and sidewalk areas, as well as a landscape area underlain by plastic. Although the hardcover percentage in the 75-250' zone is less than the 25% limit for that zone, the hardcover in the 0-75' zone where no hardcover is normally allowed, makes overall hardcover on the property exceed the amount that normally would be allowed. 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 findings noted above, the Orono City Council hereby grants a variance to Municipal zoning Code Section 10.22, Subdivision 2 to permit the construction of a 24'x24' detached garage located as shown on the survey attached as Exhibit A, allowing an increase in hardcover in the 75-250' zone from 21.5% to 23.1% which results in excessive overall hardcover on the property, subject to the following conditions: Page 2 of 5 new the with City of ORONO RESOLUTION OF THE CITY COUNCIL NO. " thin 6 months of issuance of a building perrr.it for the garage, the existing garage near Concordia Street, and concrete slab hardcover and driveway apron associated that garage, shall be removed. 2. Hardcover on the property is limited to the fo:lowing: 0-75' zone: Existing Deck & Step 255 s.f.. Existing House 760 s.f. East End Entry Deck 65 s.f ------------- TOTAL 1,080 s.f.. (28.8%) In the 0-75' zone, applicant shall remove the 100 s.f. rock and plastic landscape area north of the house, and'. shall remove the concrete sidewalk between the deck and the- lake, within 6 months of issuance of the permit for the new garage. 75-250' zone: New Garage 576 s.f. Driveway 1,440 s.f. Sidewalk 87 s.f. TOTAL 2,103 s.f. (23.1%) The property owner is advised that no additional hardcover will be approved for this property, and any future recuests for additional hardcover on -he property might be apFroved only in conjunction with removals of existing hardcover, resulting in no net increase in hardcover on the propErty. 3. Authorities granted by this resolution run wish the property not with the applicant, but are permissive oily 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 (December 11, 1990. 4. Violation of or non-compliance with any of the terms and conditions of this variance shall ecn3titute a vin,lation of the zoning code, shall automatically terminate an,, authority granted herein, and shall be punishable as a mist'-emeanor. 5. The undersigned rpplicazt has read, und!rstood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, iereby agrees to the recording of this resolution in the chs. -'n of title of the property. Page 3 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2749 �dopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 11th day of December, 1989. AT ST: by. Halli , Property Own (s) STATE OF MINNESOTA COUNTY OF HENNEPIN jVA y C r 4amAl. Grabe or L� ss. 11 The foregoing instrument was acknowledged before me on this 11th day of December, 1989, by James R. Grabek & 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. LAURIE K. SCHEFFLER Notary Public r -s.¢,:• •' NOTAt1 WILIC — M.NWSOTI �- HENNEPIN COUNTY Q /1 My commis.ion exviresd•It•9i , '^ 4 My commiss"oh Expires C: Page 4 of 5 Cite of ORONO STATE OF MINNESO`."A ) ss. COUNTY OF HENNEPIN ) RESOLUTION OF THE CITY COUNCIL NO. On this day of 19�o before me a Notary Public within and ior sa di county, perso,ially appeared Dormaka 3• i3t)tauwskv known to me to be the person(s) described in and who executed -he foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC �t1wx- 15 , tg'i 0 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this � day of 19144 before me a Notary Public within and for sai Count7, personally appeared ZOnCO� MtAaw ! kA; known t o me to be t h e 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. S • C !ca"� NOTAFY PUBLIC )99C / �,,,, G%i;•I CG:. •�Y MY COMMI ION EXPIRES `AV coTT�fsion ul�,,.ru!..tt tau. Page 5 of 5 tit tta •"•� q,: } I :aa yj G 11x t I 7e-4 ca!!n V E. ^ � � �----- Y • E AoKa o r ,rte 7 71 ,L II 2Co 1, '�5 PR.pPoSl� 75 • ZSU'(i�'tt- �So-7oo'� -LO X181=gf00 �S� \ zr h q foo = 2'7 S si. 1 C- . �+I, Lo vie-.) ono PR•ovwL �r !=GAL DESCP.IPTIOh: uk�f $�,�rN) iN D• I C7 RQ5r)NC. D�(NO Cow-e+e, r�oPoSVa 7r-iS0' The South 50.00 feet of Lot 16, "Co ree's Addition to Shadyrrood" DrCiL ZZ N/D,`I = z 39 6K zYjcz4 57b a hereby certify that Lois sur,'ey �'as prepared by me or under !+5 Z.$,�Xzy,y - �1 r Gwk'1 L�}� o•o my direct supervision, and that i en a duly keg Istered Land y,9 _ IGr/t • XVID Surveyor under the laws of the State of Minnesota. 7,/ r g,$ G Z A� RSC %-000 . COFFIN i GRONBERG, INC. DrYt1� 7,iX^p7 (p S' .�►.K �'�" 1'� i,. 1�JoiS �d'aset wkt.r� r x /5 //�� I�� c ^ c o• �suR= H r z r = / Oro �,� - �^L �� SJi{prp Scale: I inch 20 ft_t �('83 r} L�•+ 1 ZSLZID'.=� (lark S. Gronberg N11. lic. No. 12755 �° s,Vt' e0 o y 126- ' M Engineers, Land Surveyors, Planners �12t�ty,v� µ C,s'or a �P Date October 3, 1989 9'ri Long Lake, ilinnesota Not I ,,o C �,,�' y%' o �•� Iron marker otNti,01[ , sem[ �vv ' I I B3+ 2oIL n r �1�t� J`U`� �s v" � -> rPt- _ _ 12 195 - Zz7S:..&L V // e0 I �--t A l�e��l a Noy 2�1 17r' • Cert lficate of Survey for C L o•a`1 _o':o f� yr 6.f ' ua) Don Belaus k.r of part of Lot 16, "Coffee's Addition to Shadywood" y goo Hennepin Count) Minnesota - vL', Z17 s- 26 tit tta •"•� q,: } I :aa yj G 11x t I 7e-4 ca!!n V E. ^ � � �----- Y • E AoKa o r ,rte 7 71 ,L II 2Co 1, '�5 PR.pPoSl� 75 • ZSU'(i�'tt- �So-7oo'� -LO X181=gf00 �S� \ zr h q foo = 2'7 S si. 1 C- . �+I, Lo vie-.) ono PR•ovwL �r !=GAL DESCP.IPTIOh: uk�f $�,�rN) iN D• I C7 RQ5r)NC. D�(NO Cow-e+e, r�oPoSVa 7r-iS0' The South 50.00 feet of Lot 16, "Co ree's Addition to Shadyrrood" DrCiL ZZ N/D,`I = z 39 6K zYjcz4 57b a hereby certify that Lois sur,'ey �'as prepared by me or under !+5 Z.$,�Xzy,y - �1 r Gwk'1 L�}� o•o my direct supervision, and that i en a duly keg Istered Land y,9 _ IGr/t • XVID Surveyor under the laws of the State of Minnesota. 7,/ r g,$ G Z A� RSC %-000 . COFFIN i GRONBERG, INC. DrYt1� 7,iX^p7 (p S' .�►.K �'�" 1'� i,. 1�JoiS �d'aset wkt.r� r x /5 //�� I�� c ^ c o• �suR= H r z r = / Oro �,� - �^L �� SJi{prp Scale: I inch 20 ft_t �('83 r} L�•+ 1 ZSLZID'.=� (lark S. Gronberg N11. lic. No. 12755 �° s,Vt' e0 o y 126- ' M Engineers, Land Surveyors, Planners �12t�ty,v� µ C,s'or a �P Date October 3, 1989 9'ri Long Lake, ilinnesota Not I ,,o C �,,�' y%' o �•� Iron marker otNti,01[ , sem[ �vv ' I I B3+ 2oIL n r �1�t� J`U`� �s v" � -> rPt- _ _ 12 195 - Zz7S:..&L V // e0 I �--t A l�e��l a Noy 2�1