HomeMy WebLinkAbout1986-07-14 Resolution 2021City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2021
. : �•' A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIOii 2
FILE #1038
WHEREAS, Gordon nelson (hereinafter "the applicant") is the
owner of the property located at 1310 Elmwood Lane within they City of
Orono (hereinafter "City") and legally described as fc!lows:
Lot 3, Block 6, Saga Hill Revised, and the adjacent h of vacated
Oak Place (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 2 to
permit the construction of a garage which will increase the hardcover
in the 75-250' lakeshore setback zone from 32.9% to 34.5% where only
25% hardcover is normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minneso .:a
FIWINGS
1. This application was reviewed as Toning File #1038.
2. The property is located in the LR-lB Zoning District.
3. The Orono Planning Commission reviewer: this application on
June 16, 198E, and recommended approval of the proposed variance
based upon the following findings:
A) This year-round residence does not currently have a
garage.
B) Regrading of yard area may have some beneficial effect
in redwing the rate of runoff from the property.
C) The garage will replace three small unsightly sheds
currently existlnj on the property.
D) The existing slopes on the property are a hardship in
that a suitable garage is not feasible unless the grades are
changed.
4. The City Council ha3 considered this application including
the findings and recommendations of the Planning Commission,
reports by City staff, comments by the applicant and the effect
of the proposed vari,_.,ce on the health, safety and welfare of the
community.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2021
e City Council f inds that the conditions existing on this
property are peculiar to it and do not apply generally to 0T.her
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 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 of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council. hereby
grants a variance to the Municipal 3oning Code Section 10.22,
Subdivisior. 2 to permit the construction of a detached garr�ge which
will increase hardcover in the 75-250' lakeshore setback zone from the
existing 32.9• or 2,977 s.f. to 3,124 s.f. or 34.5%, subject to the
following conditions:
1. Adequate erosion protection shall be provided during the
grading and construction process.
3. The three existing sheds in the rear yard shall be removed.
The shed at the lakeshore may remain but is considered a non-
conforming structure and is subject to the pertinent ordinances
governing such structures.
3. The proposed 351x25' garage shall be located as shown on the
proposed plan on file at the City office.
4. A grading permit and building permit must be obtained prier
to construction.
5. The maximum hardcover on the property shall be as follows:
3-75' setback zone - 196 s.f. or 5.8%
75-2501 setback zone - 3,12; 3.f. or 34.5%
The applicant is advised that no additional hardcover above these
limits will be approved, and any future proposals for additional
hardcover might be approved onl-, with concurrent removals of
existing hardcover.
6. Authorities granted by this variance run with the property
not with the applicant, but are permissive only and mist be
exercised by applicatio^ for a building permit within one year of
the date of Council r^,)royal, o- this variance will expire on
that date (July 14, ,987).
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2021
7. Violation of or non-compliance with an, 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 pun'shable as a misdemeanor.
8. The undersigned applicant has read, understood and hereby
agreoi to th3 terms of this resolution and on beheif of himself,
his ,eirs, succes&o:a and assigns, hereby agrees to the recording
of this resolution in the chain of title of the property.
1986. Adoptpd by the Orono City Council on this 14th day c_ 11y,
).in, C ty C erk
roperty owner(s)
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2021
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this -�-t___1/ day of AUc,uST , 1986
before me a Notary Publ c within and for said county, personally
appeared /U. IJCZso,j ,,,o &&ZACA O "e5Lxp.,j 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.
NIICHAEL P. GAFFRON
140TARY PUP*'C' MINNE50T n7vHENNEF', ,;OUNTY
►-yC0mm48Moet-XPL'"Jw+011,1:37
Nam.
STATE OF MINNESOTA )
) b s .
COUNTY OF HENNEPIN )
Y-�ij
NOTARY PUBLIC
-�L,wo- //, IY9 7
MY COMMISSION EXPIRES
On this day of , 1986, before me
a Notary Public within and for said County, personally appeared
known to me to be the
persons 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 CGhLMISSION EXPIRES
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