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Home My WebLink AboutResolution 4885 i. , � O� . � O � O � - , � CITY of ORONO � � -��;. � ti �'� G'�' RESOLUTION OF THE CITY COUNCIL ��kESI;�� NO. � � � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.25, SUBDIVISION 6 (B) FILE NO. 02-2837 WHEREAS,JeffreyDanberryandDebraDanberry,(hereinafter"the applicants")are owners of the property located at 3545 Ivy Place within the City of Orono (hereinafter"the City") and-legally described as follows: Lot 1 Block 1, Casco Cove, Hennepin County, Minnesota (hereinafter "the Pr�Pem,��)� �d WHEREAS,the applicants have applied for a variance to Municipal Zoning Code Sections 10.25, Subdivision 6 (B) to permit an 18' setback where a 30' setback is required for • construction of a one-stall garage addition; 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 October 21, 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#02-2837. 2. The properly is located in the LR-1 C, Single Family Lakeshore Residential Zoning District where 1/2 acre is the minimum lot size and 100 feet is the minimum lot width. The existing lot is a conforming lot. 3. The Planning Commission reviewed the application for variances and recommended approval of a revised plan by a vote of 5 to 2 based on the following findings and � Page 1 of 6 . , � O� i 0 � � � . 3. CITY of ORONO � - �.; � ti �',� �'�' RESOLUTION OF THE CITY COUNCiL �`9kESY10g'� NO. �.� � � hardships: A. The property is located at the end of Ivy Place which is a street with no outlet. � The garage addition will not negatively change the character of the neighborhood. B. The property is on the lakeshore which would allow construction of a detached garage 10' from the street property line. The proposed garage . - would be 18' from the property line. The additional garage stall, attached to . the existing garage functioris much better for the property than a detached building. � C. The overall appearance of the property would be enhanced by having an attached garage stall rather than a detached building located nearer to the street. • D. There are several utility easements on the property that impact the building envelope making additions to the house difficult. E. The orientation of the house is not to the street. The street yard"feels"like a side yard. 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 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 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 variance on the health, safety and � welfare of the community. � ' Page 2 of 6 � O� � 0 >'R ^ O � . CITY of ORONO � � -?.;.. � , ti �� G�' RESOLUTION OF THE CITY COUNCIL ��kEsl;�g'� . NO. � � � � CONCLUSIONS, ORDER,AND CONDITIONS � Based upon one or more of the above findings,the Orono City Council hereby grants � variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit an 18' setback where a 30' setback is required for construction of a one-stall garage addition, per the site plan attached to this resolution as Exhibit A, subject to the following conditions: 1. Authorities granted by the variances 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 (October 28, 2003). . 2. Violation of or non-compliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. • 3. The undersigned owners have read,understand 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 of Orono, Minnesota at a regular meeting held on the 28th day of October, 2002. ATTEST: � /J - // � ; - �� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owners � • • Page 3 of 6 � °� • o � ° �. C ITY of ORONO ,� � � :.� � - ti RESOLUTION OF THE CITY COUNCIL '��l ; �'G~ .4 � � �kESII�g' NO. � � STATE OF MINNESOTA COUNTY OF HENNEPIN . The foregoing instrument was acknowledged before me on this 28th day of October,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � KRISTI B.ANDERSON � �� ,�;. � NOTARY RUBUC-MINNESOTA - •�.;�;<��:� �!]y Commission Expires Ja�.31,2007 , Not - Public STAT �� '� COUNTY OF HENNEPIN , The foregoing instrument was acknowledged before me on this �� day of ��P1��- , 200a 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. � �,=�`' - . � T^�� RACHEL DODGE ' i NOTARY PUBUC-MINNE^OTA ��-e-•� ��,� ? My Commission Expirey Jan.31,2oos Notary Public L- ..... .v. STATE OF MINNESOTA ' COUNTY OF HENNEPIN � /�" �r�=�eo� On this ��day of . ` , 20 D2 /�.hbYCd� �C�6��personally appeared before me, who is persorially known to me � - � � whose identity I proved on the basis of �/V '�� , whose identity I proved on the oath/affirmation , 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. .a;,:.,-� . . £j'4 � RACHEL DODGE �� NOTARY Pt1BUC.MINNE^OTA Notary Public �� MY Conxr�sslon ExpyerJan.31,2005 • • + � � Page 4 of 6 � �� O , 4 �� '� � CITY of ORONO a. � ' . �,°�� ti ti RESOLUTION OF THE CITY COUNCIL � ��kEs�IOg'�G . . N0. � � 8 .� � . STATE OF MINNESOTA COUNTY OF HENNEPIN M ;�cQ On this o�0�day of �d�Q yri �.2r' , 20 62, Jeti-rx.y �.i•��n�err�� , m�"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/affumation , 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 � DENISE M.LESKINEN �AR1(p�gLIC-MINNESOTA �,�y Cammbskn Expires Jan.31,2005 • Page 5 of 6 . . , r � Exhibit A t . • � __ _ � . . . � 5°�d�� cf 9,,,r ' � . �'�� s+� �� 88 � . ��'', ', �.•' ' � ,�.e� . . , '�'s �.d_,fA r + . . . � • , \ _ ' . . � • • � • \ �O. , � • • � �� • �� . �_ Z . , . ' �� _/ . .• y, . � �, � • . � �a � �� . � - ° � � Y� -� Y��'' � �� Z� 1 1 � . � ,. ,. `a. �� x Z . J �` � � C� Add'+�� ov� . o � � q :�. arw�t. o ,' c,°'6'� : �_ • - , • cv � Q�' 95'9�9. -�=. . , N^� t.� a�� 0 N . , . . . 'o m o . ; ��V ' ; �� a ` SS,o ` �� w � Z �� •:� �1�� sr•s � . . ' b�` . � � 956. � �S . . /o�atio ��'" FG,.N N p�e'tio . . M ' � / /.D ..`, � � � y�5� . � . / . . . . / �^ , . , . � � �' �i� � `\` ' ' �� . ' � '��,�M �y6s,� . . . • '��". .. . . �� N�¢�32�45",F, � . . . . , 2s.c o . . � .�3 . -- • � • LoT � , �81��.� �� . . �ASCD �ov�� . � Page 6 of 6 . �