HomeMy WebLinkAboutResolution 4927 ., � . . .
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RESOLUTION OF TH CIT COUNCIL
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A RESOLUTION GRANTING VARIANCE � 9 � �
TO MUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 6 (B), .
SECTION 10.22, SUBDIVISION 2,AND . �
SECTION 10.56, SUBIVISION 16 (L)(2)
FILE NO. 02-2862
WHEREAS, Steve Gronwall, (hereinafter "the applicant") is the owner of the
property located at 1586 Long Lake Boulevard within the City of Orono(hereinafter"the City")and
legally described as follows:
Exhibit A, (hereinafter"the property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
; Zoning Code Section 10.23,Subdivision 6(B)to allow construction of a new attached gazage with a
• second story to the existing house to be 4.5'from the rear lot line where 50'is required, l4'from the
side yard adjacent street lot line where 50'� is required in the LR-lA zoning district and to allow
2,313 s.f. (35.34%)hardcover in the 250-500' setback zone where 1,963.5 s.f.(30%)is allowed;and .
��WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and�the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on January 22, 2003, at which time all persons desiring to be
heard concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS �
1. This application was reviewed as Zoning File#02-2862.
2. The property is located in the LR-lA Zoning District, where 2.0 acres is the
minimum required lot area. The property consists of approximately 0.16 acres.
3. The Orono Planning Commission reviewed this application on January 22, 2003
• and recommended approval by a vote of 5 to 1.
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RESOLUTION OF TH CITY COUNCIL
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4. The Planning Commission made the following findings of fact:
A. The existing residence was built in 1951,prior to city adoption of the current �
2 acre zoning standards.
B. The hardship is the existing house location in relation to front and street lot
lines.
C. The residence to the north is located approximately 15'from the property line.
D. Lot coverage by structures will be 1,410 s.f.,well below the 1,500 s.f. limit.
E. The second story over the garage will not obscure the adjacent properties'
view of the lake.
• F. The properties in the immediate neighborhood to the a licant's lot are much
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larger and many have combined lots. There is not any other land to acquire to �
� increase the size of the property to meet the required area in the zoning
district.
G. The subject property is a corner lot.
H. Due to the location of the house and its interior layout, there is no practical
way to locate the proposed garage space and additional living space addition
in a conforming location.
I. Hardcover in the 250-500'�setback zone will_increase by 78 s.f. Applicant
shall remove 78 s:f. from ground patio and garden area to maintain existing � �
level of 2,313 s.f. (35.34%).
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
variances will 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 ofthe
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- RESOLUTION OF TH CITY COUNC�L
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6. The City Council has considered this application including the findings and
recommendatioris of the Planning Commission,reports by City Staff, comments by �
the applicant and the effect of the proposed variances on the health, safety and
welfare of the community.
� CONCLUSIONS, ORDER, AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Municipal Zoning Code Section 10.23,Subdivision 6(B)to allow construction of a new
attached garage with a second story to the existing house to be 4.5' from the rear lot line where 50'is
, required, 14' from the side yard adjacent street lot line where 50' is required in the LR-lA zoning
�district and to allow 2,313 s.f. (35.34%)hardcover in the 250-500' setback zone where 1,963.5 s.f.
• (30%) is allowed. Approval is subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicant attached to this �
resolution as Exhibit B. Any amendments to the site plan may require further
Planning Commission and City Council review.
� 2. The applicant shall remove 78 s.f.of hardcover in the 250-500' setback zone prior to
final inspection. The 78 s.f. will be removed from the existing driveway on the
property.
� 3. � Authorities granted by this variance 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 these variances will expire on that date
(February 10, 2004). •
4. Violation of or non-compliance with any of the terms and conditions of this variance
shall constitute a violation of the zoning code, shall automatically terminate any
authority granted herein, and shall be punishable as a misdemeanor.
5. The undersigned applicant has read, understands 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.
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' '�'� �r G~'F M RESOLUTION OF T E CITY COUNCIL
��kEs80g'� NO. �" � �
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Adopted by the City Council of the City of Orono,Minnesota at a regular meeting held on the .
l Oth day of February,2003. � "
� ATTEST:
,�� U� .
iri a S. Vee, Ci Clerk Barbara A. Peterson, Mayor
F o erty Owner(s) � '
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STATE OF MINNESOTA
COUNTY OF HENNEPIN �
. The foregoing instrument was acknowledged before me on this l Oth day of February,2003 by
Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City. �
�l��A �� .1��,�" ,� Q��
Notary Public '
� . � AUSSA A.WINTERNHEIMER
NOTARY PUBLf C-MINNESOTA
STATE OF MINNES OTA ^'n'C0"'���ai���n.31,2oos �
COUNTY OF HENNEPIN �-�°--
� The foregoing instrument was acknowledged before me on this �a�day of February,
2003 by Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
`' ,��G�
• •:..�� RACHEL DODGE '
�� NOTARYPUELlC-M?Ititi�"OTA
ri�� My Canmission Expires Ju��.31,2045
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RESOLUTION OF THE CITY COUNCIL
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� Notary Public �
STATE OF MINNESOTA � �
COUNTY OF HENNEPIN �
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On this Z�day of ��Q.��-�",2003, ���V-2- �--``� f`"C� I�c��-� � � per nally
appeared before me,
who is personally known to me
_�� whose identity I proved on the basis of (Yl� �� .
whose identity I proved on the oath/affirmation of__ ,a
credible witness
and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as
his/her/t e' , .
���`: RACHEL DODGE
`"`.''f NOTARY PUBLIC-MINNE^OTA "�C��--� .�� '
'.,"• ';% � Commission Expires Jan.31,2005 �
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STA ��'��`tfNNESOTA �
COUNTY OF HENNEPIN
On this_day of , 2003, personally
appeared before me,
who is personally known to me � �
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation of , a
credible witness
and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as
his/her/their free act and deed. � � �
Notary Public
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� , • � Exhibit A
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LEGAL OESCRIPTION OF PREMISES : :
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That part of Lot 11 lying westerly � �
� of the foilowing described line and . .
its northerly extension: Corrmencing � . �
� at the southwesterly corner of said . �
lot ; thence north along the West line
of said lot a distance of 73.3 feet to
the point of beginning of the line being �
_ described; thence deflecting right 24
. � degrees 36 minutPs a distance of �16.73
� feet ; thence deflecting left 13 degrees � �
� � to the northerly line of said� lot , and � �
� there .ending, "Albee' s Long Lake �
Addition" . and Lot 12, except that �
. �part thereof lying southerly,of the �
following described line : Corm�encing
. at the Southeast corner of said lot ; . ;
•� thence north along the East line of ;
said lot a distance of 73.3 feet to
the point of beginning of the line �
being described; thence deflecting = � .
�� left 155 dec�rees 24 minutes to the .
southerly� line of said lot , and there
ending,� "Albee' s Long Lake Addition" :
� and except that part of Lot 12 "Albee' s � .
� � Long Lake Addition" lying westerly of �
the following described line: Ca�rmencing
�at the Northwest corner of said lot ;
_ thence south along the West line of �
said lot a distance of 116 feet to the �
� . point of beginning of . the line being . �
. described ; �thence deflecting lef�t 55 � .
degrees to the southerly line of said
lot � and there ending .
;
� .
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. v , r ,� Exhibit B �
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u � CERTIFICATE OF SURVEY FOR
� � ��� �- �- � STEVE G �4NWALL
S 66°36,? IN LOTS 11 & 12, ALBEE' S LONG LAKE ADD.
� o�� HENNEPIN COUNTY, MINNESOTA
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GRAVEL
DRIVEWAY �C• `u �.9$� '� i; . .� �'e� C
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BLACKTOP ..,,,,.,,,,�..��itu � 1$5�4 �i �� �i
' ROADWAY • �. � �
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. .t ,r250' SETBACK LWE . • �
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�k .��_ _ _ N � LEGAL DESCRIP710N OF PREMISES :
�
�S3 ,� � That part of Lot 11 lying westerly '
'�. , ,°� ' �ry o�S�i of the following described line and .
.55 � �' � h�. ; its northerly extension: Corttriencing
�0�, �O � at the southwesterly corner of said
'�. ��,3� � � O �� lot; thence north along the West lirte
',� '�':''"^-�....._ ..•�'f O � thespo�nt�of�be9snnineg of the31 inetbeing
• • ��9 -$°''� tp ;` descr i bed; thence def I ect i ng r i ght 24
1 ; N ; degree� 36 minutes a distance of 16.73
• � - �' Gj • � feet; thence deflecting left 13 degrees
O "�, 1YESTlhE.�' i to the northerly line of said �ot, .and
� � or�or,t � there'end i ng,"AI bee' s Long Lake
O ..-�'' J � Addition". and Lot 12, except thot
� o�`a�i '�o ; port thereof lying southerly,of the
� �� following'descr�bed line: Corm�encing
� � '�-� at the Southeast corner of said lot;
�� �J� � � thence north along the East line of
�7 said lot o distance of 73.3 teei to
� � ; the point of beginning of the line
� sti.��Y cae be i ng descr i bed; thence de f I ect i ng
°F�°r " left 155 dec�rees 24 minutes to the
� �P southerl� line of said lot, and there
ending, 'Albee's Long Lake Addition":
� ' and except that port of Lot 12 "Albee' s
' Long Lake Addition" lying westerly of
the fbllowing described line: Ccrm�encing
at the Northwest corner of said lot;
thence south along the West line of
_ ' said lot a distance of 116 feet to the
point of beginning of the line being
described; thence deflecting left 55
degrees to the southerly line of said
lot, and there ending. ,
o : denotes iron marker
�e+� `�. Bearings shown are based
upon an assu�ried datun.
, ���,� This survey intends to show the bound—
��;�.. � ories of the above described property,
the location of an existing house, and
� ' the location of all visible "hardcover"
�i:e
er Yhereon. It does not purport to show any
� ;��� other irrproverr�ents or encroachments.
��, I haeby ee�Wq Uat�is ervey ms prepQed 6y me a vder my dreet s�pc- �S 20,
y GRONBERG!e ASSOCIATES,INC. ��M1����o ddy registaed Gvi Fn�neer and land S�reyar u�der
�������Y���� lhe laws of �hC Stote of Arme50ta DATE
12-27-02
y 1 445 N G110W fRYE LOHG U1SE�'l�6
� l��--��, 02 si2
ew � mber I�Gnnesole licerue Pdmber 12755
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