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Home My WebLink AboutResolution 4855 � :. � � � 0,�. � i� O O �. - �. � CITY of ORONO � � ��- � ti �'',� G'�' . RESOLUTION OF THE CITY COUNCIL L�kESB�g'� NO. � � � a� A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B), FILE NO. 02-2814 � WHEREAS, William Keegan and Sandra Keegan,husband and wife, (hereinafter "the applicants")are the owners of the property located at 2707 Walters Port Lane within the City of Orono (hereinafter "the City") and legally described as follows: Lot 3, Block 3, Walters-Port, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to allow a side adjacent street setback of 10' to construct an attached three stall garage where a 35' setback is required. � , 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 August 19,2002,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#02-2814. 2. The property is located in the LR-1B Zoning District,where 1 acre is the minimum required lot area. The property consists of approximately 24,953 s.f. (.573 acres). 3. The Orono Planning Commission reviewed this application on August 19,2002 and recommended approval of the proposed variance based upon the following findings: A. The existing residence was built in 1969,prior to current zoning standards. . B. The neighbor most affected fully supports the proposed attached garage. � 1 of 5 �_ -� � 0,�. � ` � . • 0 �� , CITY of URONO � �:-. � ti �',� 1 G'�' RESOLUTION OF THE CITY COUNCIL L`�kEsH.o4`� No. � � 5 � C. The orientation relationship between applicant's residence and the acljacent residence,and the unusual configuration of the private road due to the shape of the lakeshore, act as hardships to the properiy. D. The topography of the property by the existing garage is such that an additional stall cannot be added onto the garage. E. The platted street as configured functions as a private driveway,rather than a street at this location. 4. 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 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 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 the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by City Staff,comments by the applicants 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 fmdings, the Orono City Council hereby grants a � variance to Municipal Zoning Code Section 10.24,Subdivision 5 (B)to allow a side adjacent street setback of 10'to construct an attached three stall garage where 35' is required. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further . Planning Commission and City Council review. 2. 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 2 of 5 ♦.. 4 - •• O� � � • O � O � .r C ITY of ORONO � � ,.,r C ''� ti�, RESOLUTION OF THE CITY COUNCIL �L`�kEsi3�g'�G NO. � � � � one year of the date of Council approval, or these variances will expire on that date (August 26, 2003). 3. 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. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 26th day of August, 2002. � • ATTEST: U � L' da S:Vee, City Clerk B a A. Peterson, or � � ,�LL� ` Property Own (s) . STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 26th day of August,2002 by � Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instnunent was executed on behalf of the City. KRISTI B.ANDERSON N�TAFtY PI�LIC-NMNNESOTA No ry � ic � � �-� G-n�� 3 of 5 ., . � . O,�. � i � � � r CITY of ORONO �. � � ��tlr`�� ti RESOLUTION OF THE CITY COUNCIL ��kEs�I�g'�G NO. 4 � �� . STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing inshument was acknowledged before me on this �-a+� day of August, 2002 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. � �,,�=.�� RACHEL DODGE �� :��:,; NOTARY PUBLIC-MINNE^QT� '�.`.�"`�`°`'` My Commission Expires Jan.31,�;:�� ►� Notary Public �.. .__st• STATE OF MINNESOTA COUNTY OF HENNEPIN On this a7 day of��119� ,2002, �,v�/�a.� c . ��e�ia� personally appeared • before me, �— � � � who is personallyknown to me � whose identity I proved on the basis of , Nt� ��-' " � � ' whose identity I proved on the oath/affirmation of � , a credible witness and who executed the foregoing instrument,and aclrnowledged that he/she/they executed the same as his/her/their free act and deed. . � � - � _ Notary Public STATE OF MINNESOTA , ��.iSE M.LESKINEN COUNTY OF HENNEPIN NOTARY PUBI.fC-MINNESOTA � " .,,:� My Cortmission Expires Jan.31,2005 � . ,�L� C�Cl�� Y�LC.!�/'? �G1'" ' � On this�day of f�-u-gv-�k, 2002, 4�G��/1�.� � nersonally appeared before me, who is personally known to me ✓ whose identity I proved on the basis tof�� -- � 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. �� o� • ��`t RACHEL DODGE Not Public � i�:�%;.�� ' =;�,:`-�. NOTARY Pi16LiC-MlhhE^OTA �,",;�k�., '�:r= My Commfssion Expfres Jan.31,2Ct;5 ;�E�t� Page 4 of 5 ' • • A , -� Exhibit A ' • •� � . �� . . 4 � 5 � � � .... . .._«... ' ' • . `p// ��-1 ,' �ti: ••� ,�':. ' ', ' �� '� •::1' ��` •.% ��' I•� ' �' _ 1 :-�� J �'�.�/ �J � , . . . .� ...� � BUILDING PERMIT SURVEY - . . . Fo�:_,�/�� EE�'i�itl . tr�f � ' � . . �t� . . PCqTZ3S� 39,Z 935,6 933.a yX� �931.6 . , o � � r�l�t:r: i .3 • In S7�PS,%' a ,, � 3'Xz�l�X33� Zg.3 D , m I � � . 4, ��° k':L r.v�• � � � r: � ;. � � � q �z .�S �,o '�k3 �p.�� s� g31.9 �' ��°-cx 36�� 99�`g �� 931.9 .�' �� I. _ , � -t�b � ° /0./6' ' � � . , •�• . . . .�'.� . . o . 3°. .9 a . . . `.. -v�-!✓ '� � ' � CN�:c�n�� i . 6�� .��. � � � -�> cN.L°� '� 3,E, , .�� . �P��W• Sy;C " w � X ' '� :r, i„bAr•jii�� Q� 7 - . Z 37,qr,�� PLAfR . a ,�,� . � �� ;- �4s . � � �� cOP . . .....�..�,� lo� 3 , �� oc� 3 , . c�oF o�ro W/�I LTE�S PO N T ' ' � SITE PLAN_,GRADING ftAFl � �APPROVEO GA��.�a�� • . 0 APPROVcD WITH REVISIONS .' 0 DISAPP OV � BY Q� . .ap . . • c�e �};T�9ct+eco t�xrt•6.T A .PE 1 t�A /7i,v,P /6.l99B p�rt- t{•c_ fk.-�u.w�.�5 . ��WOOD STAKE PLACED o 7 IRON MON.SET • =IRON MON.INPLACE B.M. � ' � BEARINGS ON PROPOSED INFORMATION • ASSUMED��ITUM tst FLOOR ELEV. OARAGE FLOOA ELEV. � G�L,= u"•'p� ��"�' HASEMENT ELEV. TaP BLOCK ELEV.. tuirN Ptnjrlc --� = DRAINAGE 000.0� EXtST. ELEV. (OOO.a)� PROPOSED ELEV. 00.0' EXIS7.�PROP.ELEV. � ' 1 hereby certlly lhat this plan, survey or rapart was. JOB p prepared by me orundermydirectsuperviston and that lam SCNOBORG a duty Regislerad La�d Survayor u der lho tawa ollhe�State �� N D SU RVEY I N G o(Minnesota - `' ;• � eook•Page . INC. �� . �' �fQ--37 � - �, ''��.. . o � ri�� I��'7 s��ie � e9o�C�y,ta, t�sE• p��a; (�GT � Reglatrallon No. 14T00 � ��3D 472.'t221 O�I�no,MN S332D