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Home My WebLink About1991-07-08 Resolution 2980CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2980 A RESOLUTION GRANTING VARIANCES TO !MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.03, SUBDIVISION 15 (F) FILE #1649 WHEREAS, Daryl and Elaine Peterson (hereinafter "the applicants") are the owners of the property located at 1921 Fagerness Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 18, Fagerness, 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 2 and Section 10.03, Subdivision 15 (f) to permit the construction of a 2 car detached garage to be located 4.5' from the side lot line where a 10' side setback is normally required, and contributing to a hardcover percentage of 31.2% in the 75-250' zone where hardcover is normally limited to 25%. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1649. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on June 17, 1991, and recommended approval of the proposed variances based upon the following findings: A) There is no garage currently existing on the property. The property is triangular shaped, coming to a point at the rear of the lot. Existing retaining walls, topography, and the angle of the lot lines in relation to the house, provide sufficient hardship to justify granting of a side setback variance. B) Granting of the side setback variance will have no significant impact on neighboring properties. Page 1 of 5 40 -�V ..9kESH�4 C ITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2980 C) The need for a long driveway contributes to the excessive hardcover on the property, however, extraneous hardcover on the property is intended to be removed to result in a decrease in hardcover on the property from 34.9% (of which 1.1% is landscape rock and plastic) down to 31.2% in the 75-250' zone. 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 variances 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 variances 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 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. 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, Subdivision 2 and Section 10.03, Subdivision 15 (F) to permit the construction of a 201x241, 2 car detached garage located 4.5' from the side lot line where a 10' side setback is normally required and contributing to excess hardcover on the property, amounting to 31.2% in the 75-250' zone where only 25% hardcover is normally allowed, subject to the following conditions: 1. �iardcovor in the 75-250' zone is approved at a level of 31.2%. All existing and proposed hardcover approved with this variance approval is recorded in the calculation worksheet and diagram enclosed with this resolution as Page 3. The current property owners and all future owners of this property are placed on notice that hardcover shall not be increased above the currently proposed level and any proposed improvements of this property that will result in additional hardcover must be approved by the City. Page 2 of 5 RESOLUTION 02980 CERTIFICATE OF SURVEY FOR R . DARYL & ELAINE PETERSON 0:. k OF LOT 18. FAGERNESS MENNEISIN COUNTY. MINNESOTA X.frftL-sit b.1 - blo..t -i St 1306 %list W. 40 A. C COFFIN & GRoNBERQ INC. nv 045, 10 (c:x-*-! Cau a E -c Lv i -' —I L- I-,! ------------- — --- — ---- 1. 4cull zr y I F.V house LINGTO WIDTH I LL:IQ-.M WIDTH y21 Y S.F. /0, i. y dk.4 ID& — x 5,Wr x 12.7 W 7. J S.F.. x --L"- -- ('r~r Y. J'— x z 4. L S. P/ si "i IS S.F. l7we 9. S 57 S.F1 51 . . .......... zo F/ I . GsRAGI X 1. 1. 1. APR x -1- 7-- C. fJ, W, . n I �tw.y x C . DR I vgWAy x x S.F. 30ir x S.F. 3 15 x 00 f y F x S. F,/ 30 za F.1 I 40.wflf /� 7 3 ,p-o,.rr,c Or() r IT S.F. 7 P. Limmiavt x s, F.I.AnclICAPI IS S.F. IT AN LA LINDILILAIM gy S. P. PLASTIC It t444mG /7 1.91TI1.0 5Tl I. r F LAU S.F. x ly, V X S.P. N-A c. Oman 3 x 2 C.t tF. S TarAL I(Amocovem in Zong -7720 S.F. Tom I(Awcivis in Zan 2 -f S.F. Ir �J, �71 ! &0 Torsi. PwtRTY AAIA 104 Z0101 —/I 7P!r S.P. TcrA.L FlargArT AA9A I" ZW6 S.P. C) L x Do 100 3%-Z Ap0 Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2980 Such approval may result in a requirement for concurrent equivalent or greater removals of existing hardcover. All existing hardcover scheduled for removal as a condition of this resolution must be removed prior to the footing inspection for the new construction. 2. The garage shall be constructed per the description provided to the Planning Commission, i.e. standard 8' wall height and peak height of approximately 121. Any revisions to the garage plans which significantly change the character of this structure shall be subject to further City review. 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 (July 8, 1992). 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, Minrmsota at a regular meeting held on the 8th day of July, 1991- A o othy M. llin,City Clerk Barbara A. Peterson, Mayor 9S1' ui) y - �u vu_ IN roper y Owner(s) Page 4 of 5 STATE OF MINNESOTA as. COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2980 The foregoing instrument was acknowledged before me on this 8th day of July, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was bxecuted on behalf of the City. Will- W1y TMypEaA L NAAs �� /�{�Q • MINNE$OTA ENi � �wNTY 9 -22 No ary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this Z4 day of before me, a Notary Public within appeared l) -ru I L 4- F:la.c'ur i11. Pi-i the person(s)J described in anc instrument, and acknowledged that his (their) free act and deed. s �E tE U MINNESOTA u w THEN STAB MINNESOTA ) as. COUNTY OF HENNEPIN ) iid-/for0i id county, personally aSoSknown to me to be wh6 executed the foregoing he (they) executed the same as Notary Public On this day of , 199 before me a Notary Public within and for said county, personally appeared known to me to be the person s described n and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5