HomeMy WebLinkAboutResolution 5395 r
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�'� G'�' RESOLUTION OF THE CITY COUNCIL
�`�kEsKOg'� No. 5 3 9 5
A RESOLUTION DENYING
VA.RIANCES PER MUNICIPAL ZONING CODE
SECTIONS 78-1288(B),78-1405 & 78-1435
FILE #OS-3124 �
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Miiinesota; and
WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City
Council of the City of Orono has adopted zoning regulation for the protection of the
public health, safety and general welfare; and
WHEREAS,Dr. William Omlie and Rhonda Omlie (hereinafter"the applicants")
• are the owners of the property located at 1860 Shadywood Road within the City of Orono �
(hereinafter"the City") and legally described as follows: �
Lot 27, except the north 15 feet and rear thereof, said 15 feet
being measured at right angles from the north line of said
Lot, and Lot 28, all in SHADY WOOD, Hennepin County,
Minnesota(hereinafter"the property"); and
W�IEREAS, the applicants have applied to the City of Orono for variances for
hardcover within the 75'-250' and 250'-500' zones arid a rear yard setback in order to �
permit the existing .garage roof to be raised to match the pitch of the roof of the house � .
requesting the following approvals: . �
� 1. Section 78-1435: To allow a rear yard setback of 3' for a detached garage
with doors facing away from the street where a 10' setbacic is normally
required. �
2. Section 78-1288(B): To allow 7,023 s.f. (29.5%) hardcover within the 75'
— 250' zone where 6,189 s.f. (25.9%) was approved by Resolution No.
3236 in 1993.
3. Section 78-1288(B): To allow 1,842 s.f. (37.2%) hardcover within the
250' — 500' zone where 1,665 s.f. (31.4%) was approved by Resolution
• No. 3236 in 1993. �
W�iEREAS, the Planning Commission reviewed the application at a public
hearing on July 18, 2005 and has recommended approval of the setback variance and .
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RESOLUTION OF THE CITY COUNCIL
�L`9k'ESi3�g'�G NO. � � a �
denial of the hardcover variances; recommending that the 1993 hardcover variances
granted by Resolution No. 3236 be upheld; and
WHEREAS, the applicants were directed to provide a revised site plan meeting
th recommendation of the Planning Commission, and applicants have not provided such a
plan nor responded to City requests for same; and
WHEREAS, the City Cotuicil has reviewed the application; the recommendation
of the City staff and Planning Commission; and the comments and written statements
submitted by the applicants. �
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby denies the requested variances as described above based on one or
� more of the following findings of fact conceming this property:
l. Variances were granted in 1993 (Resolution Number 3236) on this ,
property to permit hardcover variances within the 75' —250' zone of 6,189
s.f. (25.9%) and within the 250' — 500' zone of 1,665 s.f. (31.4%) where
25% and 30%respectively are allowed.
2. It is the intent of the Comprehensive Plan and Zoning Code to protect the
water quality of Lake Minnetonka by limiting the amount of hardcover a
lot contains. No hardship exists on this lot that would allow additional
hardcover.
3. The granting of the requested variances would be contrary to the
provisions of Municipal Zoning Code Section 78-123 with which the
applicants must first comply in order that variance be granted. The
Council finds that: �
� a. The property in question can be put to a reasonable use if used under
the conditions allowed by the official controls.
b. With regard to the hardcover, the plight of the landowner was created
by the landowner.
•' c. Granting of the proposed variances would appear to serve as a
convenience to the applicants and the applicants have not
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RESOLUTION OF THE CITY COUNCIL
��`9k'Esi3�g'�G NO. 5 3 9 5
demonstrated a reasonable hardship or practical difficulty acceptable
to the City Council.
d. The conditions of the Zoning Code limits imposed and existing on this
property generally apply to all other land and structures in the zoning
district in which this property is located as well as in adjacent
residential zoning districts. '
4. The initial 60-day statutory review period was extended by the City to
November 7, 2005. The 60-day extension will expire on November 7,
2005, and the applicants have not requested an extension, submitted
revised plans, or requested placement on a City Council agenda.
• 5. The City Council has considered this application inchiding the findings
and recommendations of the Planning Commission, reports by City staff,
comments by the applicants and the effect of the proposed variance on the
health, safety and welfare of the community.
Adopted by the City Council of the City of Orono on this 24`�' day of October, 2005.
ATTEST:
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Linda S. Vee, City Clerk Barbara Peterson,Mayor
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RESOLUTION OF THE CITY COUNCIL
��`9kESH.�4�G NO. 5 3 9 5
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instnunent was acknowledged before me on this��ay of
Q��a 4�e� , 2005 by Barbara A. Peterson, Mayor of tlie City of Orono, a Minnesota
municipal corporation and said instnunent was executed on behalf of the City.
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Notary Public
LINDA S.VEE
_ '; NOTARY PUBLIC-MINNESOTA
• . `�.;,;;.. My Commission Expires Jan.31,2010
STATE OF MINNESOTA
COUNTY OF HENNEPIN �
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The foregoing instnunent was acknowledged before me on this j� day of
��{-o(�,�2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
municipal corporation and said instnunent was executed on behalf of the City.
�2�1�4�-�Q Ik-J t�C`�4�.
� u. RACHEL DODGE Notary Public
� ,: �' ; NOTARY PUBLIC-MINNESOTA
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