HomeMy WebLinkAbout1988-10-10 Resolution 2517City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 251?
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (C) AND
SECTION 10.22, SUBDMSION 2
FILE #1338
WHEREAS, DuWayne and Connie Schibilla (hereinafter "the
applicants") are owners of the property located at 3235 Crystal Bay Road
within the City of Orono (hereinafter "City") and legally described as
follows:
Exhibit A, attached (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a variance
to Municipal Zoning Code Section 10.03, Subdivision 9 (C) to permit the
construction of a detached two stall garage with storage space below it,
such garage and storage space totalling 1,248 s.f. in floor area where only
1,000 s.f. of floor area is normally allowed in an accessory structure, and
a variance to Section 10.22, Subdivision 2 to permit hardcover in the 75-
250' zone in excess of the 25% hardcover normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1338.
2. The property is located in the LR-lC Single Farily Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed thiZ application on October
3, 1988 and recommended approval of the proposes' variance based upon
the following findings:
A) A detached garage previously existed on the property and that
garage was demolished after major damage occurred to it as a
result of the 1987 Super Storm. The proposed garage will be in
approximately ':he 7ame location as the f^rmer garage.
Page 1 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCI _
NO. 2517
B) The proposed garage of plan dimensions 261x24' will contain a
storage area below it due to topography of the site. Each floor
will comprise 624 s.f., for a total of 1,248 s.f. This floor
area variance is justified from the standpoint that the structure
below the upper floor is necessary to support the structure above
it, and the lower storage area will be approximately 50% below
grade. The garage will not be obtrusive visually in the
neighborhood. The lower space will be used only for storage and
not for dwelling purposes. The existing residence on the
property has only a partial basement, hence this additional
storage space in the garage will allow for needed storage space.
C) Pre-existing hardcover on the property currently is 29.6% in
the 75-250' zone. Staff estimates that hardcover associated
with the previous garage and driveway was approximately
equivalent of the currently proposed garage and driveway. The
proposed 75-250' hardcover of 39.6% cannot be easily reduced by
removing unnece3sary minor hardcover areas on the property, since
s --h areas do not exist.
4. The City Council has considered this application including the
finds-gs 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.
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 applicants, but is necessary to alleviate a demon-
strable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; 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 9 (C) to permit the construction of a detached two car
garage with storage space below, comprising a total of 1,248 s.f. floor
area where only 1,000 s.f. of accessory structure floor area is normally
allowed, and grants a variance to Section 10.22, Subdivision 2 to allow
39.6• hardcover in the 75-250' setback zone where only 25% hardcover is
normally allowed, subject to the following conditions:
Page 2 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2517
1. Hardcover on the property is allowed only as follows:
75-250' Hardcover:
House
Sidewalk
Deck
Garage
Driveway
TOTAL
(Area
- 10,700 s.f.)
1,514
s.f.
91
s.f.
1,570
s.f.
624
s.f.
442
s.f.
4,241 s.f. or 39.6%
No additional hardcover will be approved for this property, and
property owner is advised that any future proposal to increase
hardcover on the property will not be approved, but might be approved
only in conjunction with concurrent removals of existing hardcover,
resulting in no net increase in hardcover on the property.
2. The storage space underneath the garage is approved under the
condition that the garage and attached space below it may never be
used as a dwelling unit, cannot be rented as a dwelling unit, may not
have plumbing installed, and the applicants are advised that the
property does not meet the criteria for granting of a guest house
conditional use permit.
3. A building permit for the proposed garage shall be issued only
after the property owner has signed an agreement that property owner
will remove this structure from the "33' public easement for highway
purposes" if at some future date the City determines that such
easement is nece- 3ary for public roadway use. Such agreement to be
drafted by the City Attorney. Applicant shall pay any City Attorney
fees incurred over and above the original application fee.
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 (October
10, 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.
6. The undersigned applicant have 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.
age 3 of 5
1988.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2517
Adopted by the Orono City Council on this loth day of October,
Page 4 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
2517
On this 28th day of nr toh r 1 1988
before me a Notary Public within and for said county, personally
appeared known to me to be
the person(sl described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
TMwM Ld""E91
T�
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
L-1
NOTARY PUBLIC
9/8/92
MY COMMISSION EXPIRES
On this day of. Op 198 , before me
a Notary Fublic within and for said County, personally appeared
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.
NOTARY PUBLIC
MY COMMISSION EXPIRES
Page 5 of 5
EXHIBIT A
Par 1: That part of Lot 1, Block 2, Townsite of Langdon Park
including portion of Northern Avenue, now vacated, descried as
follows: Commencing at the point of intersection of the Northerly
line o� the right-of-way of the Great Northern Railway Company
with the Southerly extension of the dividing line between Lots 1
and 2 in said Block 2, Townsite of Langdon Park; thence
Northwesterly along the dividing line between said Lots 1 and 2
and same extended, a distance of 213.14 feet; thence Northeasterly
deflecting right at an angle of 82055' from last described course,
a distance of 90 feet to the actual point of beginning of the
tract of land to be described; thence continuing Northeasterly on
the extension of said last described line a distance of 30 feet;
thence Southeasterly in a straight line 234.2 feet to a point in
the Northerly line of said right-of-way of the Great Northern
Railway Company distant 70 feet Northeasterly measured along the
Northerly line of said railway right-of-way from the initial point
of commencement; thence Southwesterly along said Northerly
right-of-way line 1.7.5 feet; thence Northwesterly in a straight
line to the actual point of beginning; also including all that
part of Lot 1 in said Block 2 lying between the Northwesterly line
of the premises hereinabove described and the shore of Lake
Minnetonka and between the Northerly extension of the
Northeasterly and Southwesterly side lines of the premises
hereinabove first described, according to the plat thereof on file
or of record in the office of the Register of Deeds in and for
said County.
Subject to a public easement for highway purposes over the
southeasterly 33 feet, said 33 feet being the southeasterly 33
feet of the highway formerly laid out as Northern Avenue. Subject
to a public road now across said premises, as shown in deed Doc.
No. 318647, Files of Registrar of Titles;
Par 2: That part of Lot 1, Block 2 and of th part of
Northern Avenue now vacated, Townsite of Langdon Park described as
follows: to -wit: Commencing at the point of intersection of the
Northerly line of the right of way of the Great Northern Railway
Company with the Southerly extension of the dividing line between
Lots 1 and 2 in said Block 2, Townsite of Langdon Park thence
Northwesterly along the dividing line between said Lots 1 and 2
and same extended, a distance of 213.14 feet; thence Northeasterly
deflecting right at an angle of 82055' from 1?st described course,
a distance of 120 feet to the actual point of beginning of the
tract of land to be described; thence continuing from said actual
point of beginning Northeasterly on the extension of said last
described ILne, a distance of 60 feet; thence Southeasterly in a
straight E ne 247.7 feet to a point in the Northerly line of said
right of way of the Great Northern Railway Company, which point is
105 feet Northeasterly measured along the Northerly line of said
railroad right of way from the initial point of comment thence
Southwesterly along said Northerly right of way line 35 feet;
thence Northwesterly in a straight line 234.2 feet to the actual
point of beginning. Also including all that part of Lot 1 in said
Block 2 lying between the Northwesterly line of the premises
hereinabove described and the shore of Lake Minnetonka and between
the northerly extension of the Northeasterly and Southwesterly
side lines of the premises hereinabove first described.
Subject to a right to create
purposes over the Southeasterly
being the southeasterly 33 feet
as Northern Avenue, as shown in
Registrar of Titles.
69ZJMP
a public easement for highway
33 feet thereof, said 33 feet
of the highway formerly laid out
deed Doc. No. 198675, Files of
- 2 -
AGREEMENT
THIS AGREEMENT is entered into this 28th day of October ,
1988 by and between the City of Orono ("City") and Du Wayne L.
Schibilla and Connie L. Schibilla, husband and wife ("Schibillas").
RECITALS:
A. Schibillas are the owners of property located at 3235
Crystal Bay Road, Orono, Hennepin County, Minnesota legally
described in Exhibit A attached hereto ("Property").
B. The Property is registered as evidenced by Certificate of
Title No. 506209.
C. The following recitals appear on Certificate of Title No.
506209:
Subject to a public easement for highway purposes over the
southeasterly 33 feet, said 33 teet being the southeasterly 33
feet of the highway formerly laid out as Northern Avenue.
Subject to a public road now across said premises, as shown in
deed Doc. No. 318647, Files of Registrar of Titles. [Affects
Parcel 1.)
Subject to a right to create a public easement for highway
purposes over the Southeasterly 33 feet thereof, said 33 feet
being the southeasterly 33 feet of the highway formerly laid
out as Northern Avenue, as shown in deed Doc. No. 198675,
Files of Registrar of Titles. [Affects Parcel 2.)
These easements are hereinafter referred to as the "Easements."
D. Schibillas have requested that the City grant a variance
to the municipal zoning code to permit Schibillas to construct a
garage on the Property, which garage shall be located in part
within the E:��.-ments.
E. As a condition of granting said variance, the City has
required that the Schibillas enter into this Agreement.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. In consideration of the City granting the above -described
variance and permitting Schibillas to construct a garage on the
Property, Schibillas agree that the right to maintain the garage
on the Property shall be subject to the rights of the public
created by the Easements. If the appropriate governmental
authority elects to use the portion of the Property subject to the
Easements for highway purposes, Schibillas agree to remove the
garage from the Easement areas at the sole expense of Schibillas.
Schibillas shall not be entitled to any compensation from the City
in such event.
2. By its execution of this Agreement, the City shall not
relinquish any of its existing rights and interests in the
easements, nor shall it relinquish its right to contest any future
legal proceeding which may attempt to vacate or otherwise
terminate the City's rights and interests in the easements.
3. If the Schibillas obtain a determination from a court of
competent jurisdiction that the Easements no longer affect the
Property, the City agrees to execute and deliver to Schibillas
such document as may be required to terminate this Agreement.
4. This Agreement shall be binding upon and inure to the
benefit of the parties, their successors and assigns and the
covenants of the Schibillas shall run with the Property.
5. Contemporaneously with the execution of this Agreement,
Schibillas shall deliver owners duplicate Certificate of Title No.
506209 to the City and to permit the City to record this Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands
the date and year first -above written.
CITY% OF ORONO
` MayV
D Wayne ills
Connie L. &rYibilla
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
The ipregoing instrument was acknowledged before me --his�E(
day of 1988, by James R. Grabek, Mayor of the
City of Orono on behalf of said City.
--------------
1
L1IURIE K SCHEFfLER
4. rOTAH 1VLLK — MIMMSOIA
KNNMN COUNTY No ary Public
_�.«;r My "mwniu+on •xpirts6.8•93
-11
- 2 -
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this 28th
day of October , 1988, by Du Wayne L. Schibilla and
Connie L. Schibilla, husband and w-
4i IV �LIOTA
=moow SON KV
go
THIS INSTRUMENT WAS DRAFTED BY:
Popham, Haik, Schnobrich & Kaufman, Ltd.
3300 Piper Jaffray Tower
222 South Ninth Street
Minneapolis, MN 55402
612/333-4800
(LG)
69ZJMP
- 3 -
EXHIBIT A
Par 1: That part of Lot 1, Block 2, Townsite of Langdon Park
including portion of Northern Avenue, now vacated, descried as
follows: Commencing at the point of intersection of the Northerly
line of the right-of-way of the Great Northern Railway Company
with the Southerly extension of the dividing line between Lots 1
and 2 in said Block 2, Townsite of Langdon Park; thence
Northwesterly along the dividing line between said Lots 1 and 2
and same extended, a distance of 213.14 feet; thence Northeasterly
deflecting right at an angle of 82055' from last described course,
a distance of 90 feet to the actual po::t of beginning of the
tract of land to be described; thence continuing Northeasterly on
the extension of said last described line a distance of 30 feet;
thence Southeasterly in a straight line 234.2 feet to a point in
the Northerly line of said right-of-way of the Great Northern
Railway Company distant 70 feet Northeasterly measured along the
Northerly line of said railway right-of-way from the initial point
of commencement; thence Southwesterly along said Northerly
right-of-way line 17.5 feet; thence Northwesterly- in a straight
line to the actual point of beginning; also including all that
part of Lot 1 in said Block 2 lying between the Northwesterly line
of the premises hereinabove described and the shore of Lake
Minnetonka and between the Northerly extension of the
Northeasterly and Southwesterly side lines of the premises
hereinabove first described, according to the plat thereof on file
or of record in the office of the Register of Deeds in and for
said County.
Subject to a public easement for highway purposes over the
southeasterly 33 feet, said 33 feet being the southeasterly 33
feet of the highway formerly laid out as Northern Avenue. Subject
to a public road now across said premises, as shown in deed Doc.
No. 318647, Files of Registrar of Titles;
Par 2: That part of Lot 1, Block 2 and of that part of
Northern Avenue now vacated, Townsite of Langdon Park described as
follows: to -wit: Commencing at the point of intersection of the
Northerly line of the right of way of the Great Northern Railway
Company with the Southerly extension of the dividing line between
Lots 1 and 2 in said Block 2, Townsite of Langdon Park thence
Northwesterly along the dividing line between said Lots 1 and 2
and same extended, a distance of 213.14 feet; thence Northeasterly
deflecting right at an angle of 82055' from last described course,
a distance of 120 feet to the actual point of beginning of the
tract of land to be described; thence continuing from said actual
point of beginning Northeasterly on the extension of said last
described line, a distance of 60 feet; thence Southeasterly in a
straight line 247.7 feet to a point in the Northerly line of said
right of way of the Great Northern Railway Company, which point is
105 feet Northeasterly measured along the Northerly line of said
railroad right of way from the initial point of commence; thence
Southwesterly along said Northerly right of way line 35 feet;
thence Northwesterly in a straight line 234.2 feet to the actual
point of beginning. Also including all that part of Lot 1 in said
Block 2 lying between the Northwesterly line of the premises
hereinabove described and the shore of Lake Minnetonka and between
the northerly extension of the Northeasterly and Southwesterly
side lines of the premises hereinabove first described.
Subject to a right to create
purposes over the Southeasterly
being the southeasterly 33 feet
as Northern Avenue, as shown in
Registrar of Titles.
69ZJMP
a public easement for highway
33 feet thereof, said 33 feet
of the highway formerly laid out
deed Doc. No. 198675, Files of