HomeMy WebLinkAbout1990-08-13 Resolution 2850City of ORONO
ciry RESOLUTION OF THE CITY COUNCIL
NO. 2850
ORONO
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 a 2
AND SECTION 10.24, SUBDIVISION 5 (B)
FILE #1563
WHEREAS, Maurene and Jerome A. Denzel (hereinafter "the
applicants") are owners of the property located at 1295 Elmwood
Avenue within the City of Orono (hereinafter "City") and legally
described as Lot 3, Block 5, Saga Hill Revised, Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for
variances to Municipal Zoning Code Section 10.22, Subdivision 1
to permit the encroachment of 2' by an access stair where no
encroachment is allowed; and per Section 10.22, Subdivision 2
seeks approval of a hardcover variance within the 75-250' setback
area resulting in a total of 32.4% where only 25% is allowed.
The property already contains 31% hardcover within the protected
area resulting in a net increase of 125.8 s.f. or 1.49%; and per
Section 10.24, Subdivision 5 (B), seeks approval of a side
setback variance for a second floor dormer expansion of portions
of the structure located within the required 10' side yard
setback.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1563.
2. The property is located in the LR-1B Single Family Rural
Residential Zoning District requiring 1 acre in area. The
property consists of 12,789.7 s.f. or .29 acres.
3. The Orona Planning Commission reviewed this application
on July 16, 1990, and recommended approval of the proposed
variances based upon the following findings:
A) The 2' encroachment of the access stairs will
provide no visual impact to the adjacent residences
because of the sloping topographies of the lakeshore
yards.
B) The location of the proposed garage will now
improve safety/traffic conditions for the users of
Elmwood Drive.
Page 1 of 5
City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
i () F NO. 2850
ORONO
C) An unimproved fire lane of 60' is adjacent to
property. Applicants maintain portions of unimproved
right-of-way as part of yard area adding an additional
2,000+ s.f. of non -hardcover lands to the property.
D) Existing landscaping/retaining walls within street
yard are required to maintain steep elevations along
north property line and to require removal will
necessitate additional filling and grading within yard.
4. 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.
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 demonstrable hardship or difficulty; is
recessary 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 variances to Municipal Zoning
Code Section 10.22, Subdivisions 1 and 2 and Section 10.24,
Subdivision 5 (B) to permit the construction of an addition to
the principal structure consisting of a dining room, three -season
porch, lakeside deck, and second -floor dormer expansion for
bathroom expansion and a detached garage structure, subject to
the following conditions:
1. All existing and proposed hardcover approved with this
variance application is recorded on Page 5 of this
resolution (0-75' = 120 s.f.; 75-250' = 2,742.6 s.f. or
32.4%). The current owner and all future owners of this
property are placed on notice that hardcover shall be
maintained at the current level and any proposed
improvements of this property that will result in additional
hardcover must be approved by the City and such approval may
result in matching or greater removals of existing
hardcover. All existing hardcover scheduled for removal
must be completed prior to the footing inspection for the
new construction.
Page 2 of 5
City of OR ONO
licants shall
Public Works Director
driveway purposes.
RESOLUTION OF THE CITY COUNCIL
NO. 2850
obtain all necessary permits from the
for use of unimproved right-of-way for
3. Authorities granted by 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 (August 13, 1991).
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 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 of Orono,
Minnesota at a regular meeting held on the 13th day of August,
1990.
STATE OF MINNESOTA )
ss.
COUNTY OF HENfi--PIN
The foregoing instrument was acknowledged before me on
this 13th day of August, 1990, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
Notary Public
WTAW pWW .. NM8
�MNMEsoTA Page 3 of 5
HEMNHEPIN
city of OR ONO
E
ss.
COUNTY OF HENNEPIN
RESOLUTION OF THE CITY COUNCIL
NO.
2850
On this day of AL'C��S t , 199(�'
before me a Notary Public within and for said county, personally
appeared Te v-r,4 + i' Q-,re �;� i,r Y^r�evr
known to me to bQ 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.
Ce WT"AW L taus
couwrf
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
On this day of , 199 , before me a
Notary Pub is within an or sai 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
Page 4 of 5