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Home My WebLink AboutResolution 5256 J � O �p�� I � ) O O • �� CITY of ORONO � � - ; � , ti ti RESOLUTION OF THE CITY COUNCIL � ��`�k'EsH.og'�G NO. � � � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE - • SECTION 78-1435 FILE NO. 04-3056 WHEREAS, Demiis V. and Evelyn N. Bruce, husband and wife (hereinafter "the applicants") are the owners of the property located at 3435 Livingston Avenue within the City of Orono (hereinafter the "City") and legally described as follows: Lot 5,Block 5,Navarre Heigllts, Hemiepin County, Minnesota (hereinafter the "property"); and • WHEREAS, the applicants have made application to the City of Orono for a variaiice to Orono Municipal Zoning Code Section 78-1435 to allow constniction of � a detached garage-closer to t11e street lot line than the principal building. NOW, THEREFORE BE IT RESOLVED by the City Council of . Orono,Minnesota: FINDINGS 1. This application was reviewed as Zo�ung File#04-3056. 2. The property is located in the LR-1C, One Family Lakeshore Zoning District which requires a minimum lot area of 0.5 acre and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on November 15, 2004 and recommended approval of the variance ; based on the following findings: a. The applicants' property is 6,747 s.f. or 0.15 acre in area and 50' in width. {' b. The property has approximately 135' in depth. • ;, � • Page 1 of 5 ; � . , 7� O� . O O � • �� CITY of ORONO � � ti �'� G'�' RESOLUTION OF THE CITY COUNCiL i L�kESI3�g'� NO. � � � � . c. The applicants' honze is set back approximately 105' from the front lot line. d. The proposed garage will be no closer to the sfi�•eet than the neighboring hoines. e. The proposed garage will be i10 wider than 24' as viewed fxoin the street. f. The applicants have placed a bid on a City owned 20' x 30' garage; should the applicants lose their bid a 24' x 24' garage has been �proposed. 4. The City Council lzas considered this application including the findings • aild recommendation of the Plamling Corrunission, reports by City staff, coinments by the applicaiits and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Cotmcil finds that the conditions existing on this property are � peculiar to it and do not apply generally to other property in this zoiung � 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 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 keeping with tlze spirit and intent of the Zoning Code and Compreheiisive Plan of the City. , CONCLUSIONS, 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 Section 78-1435 to allow construction of a detached garage closer to the front street lot line, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any • � amendments to the site plan which are ilot in conformity with City codes will require further Planning Cominission and City Council review. . Page 2 of 5 i � . 1 O . � � O O . • �� CITY of ORONO � � � ti ti RESOLUTION OF THE CITY COUNCIL � ��`9 4��'G NO. j� kEsK� � � � � , 2. Hardcover.in the 500' — 1000' zone shall not increase above the level of 35% per � the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any fuh�re requests to increase hardcover or change the nature of_,existing/approved hardcover_ shall _require City approval, and iilcreases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicants shall reinove all plastic or fabric liner inaterial from tlie decorative landscape beds oi� the property to ensure their pei7neability as non-hardcover surfaces. � 4. Required removals of structure and hardcover shall be completed by the footing inspection. • � 5. Authorities granted by this resolution run with the property not with the applicants, but are pennissive only aild must be exercised by obtaining a building permit for tlle new construction within one year of the date of Council approval, or the variance will expire on that date (November 22, 2005). 6. Violation of or non-coinpliance with any of the terms and conditions of this . ' resolutioil shall constihrte a violation of the zoning code, shall automatically tenninate any authority granted herein, and shall be punishable as a inisdemeanor. 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' 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 Couiicil on the 22"d of November 2004. • Page 3 of 5 . I . � O� O � O . � 3 C ITY of ORONO � � ti �'� G~' RESOLUTION OF T E CITY COUNCIL � '�.�.�.E p4�''�' NO. � � `� � � - SI; ATTEST: i r ,�. ��..e.- _ _ __. �� Linda S. Vee, City Clerk Barbara A. Peterson,Mayor ; �.p�.�-�;,� � . �• �� Property Owner(s) ' STATE OF MINNESOTA • COUNTY OF HENNEPIN . The foregoing instrunient was aclaiowledged before me on this 22"d day of November, 2004 by Barbara A. Peterson, Mayor of the City of Oroiio, a Minnesota municipal corporation and said instnunent was executed on behalf of the City. � y:� BQ�iSY9�3.R�►�t�Ef��r� ��> �_� C--n�.�c.�,---- . � �;r�= .. ^� Ncri�aav Pue�.�^.rf�:,,;:�•- Notary P blic R` `` Ny Cos►n�sbn Excis�s.. • '•j - `� ••�.��,;�,_.��,J STATE OF MINNESOTA . COUNTY OF HENNEPIN �f The foregoing instntment was ackn.owledged before me on this ' day of �QJI, 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota � '. rnunicipal corporation and said instrument was executed on behalf of the City. ' ,. �.;�� /� , y-��. RACHEL DODGE { � ��G�2�.. I��.Q�. ,:.�,�.�� :,;+,.,�,�;; NOTARYPUBUC-MINNESOT� Notar Public , �. �-. Myr Cortxrdssion Expkes Jan.31,2005 v' �' • ' t � � �: ; Page4of5 � i + . , � O� . O O • �� CITY of ORONO � � ., , � RESOLUTION OF THE CITY COUNCiL ��l ��'~ . �kES8�4 NO. � � � � STATE OF MINNESOTA COUNTY OF HENNEPIN ' This instnuzieiit was acknowledged before me this ,�day of �►le.m�', 2004 • by Demiis V. Bnice, wife of Evelyn N. Bruce. � DENISE M.LESKINEN . NOTARY PU911C-MINNESOTA ;m;� Wlyr Cornmfssion Expkes Jan.31,zoc5 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instnunent was aclniowledged before me this�day of/Vd��e.h��/' ,2004 by Evelyn N. Bruce, wi£e of Denius V. Bruce. DENISE M.LESKINEN � �07�'�uc-MlNNESOTA Notary Public ��Pfres Jan.31.2005 • Page 5 of 5 - �c�� t°� � � , � ' 5 � 56 . � �The detached garage must be locatec! . � � ai�ut$ing the '10' west side setback 16ne. ��- ( t�o ` . �-4�� e 2�—1 c�:3S�Io .�.�vl�gS�� .�.�e��€e . � S 89 33'S0" E --49.90-- . - Found 1/2- — � r .�.� ..� coMMO� � 5 ��4� :��. , ��MENT PER I ��;�: �l` ♦ .��.� J � 5133128.. -I � �� . . _ - - - -� - �--__ _. __ -- �___ _-- - - . ., .� �, - -- -- -- -�•- .. �-��__ . .._.... . � . 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