HomeMy WebLinkAboutResolution 936T o� ,
A RESOLUTION NO. 936
A RESOLUTION APPROVING A VARIANCE FOR JOHN PROEGLER`
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WHEREAS, the City of Orono is a.municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, .the City Council of the City of Orono has adopted
zoning regulations for the orderly, economic and safe development of
land within the City; and
WHEREAS, the City Council has considered.the application
by John Proegler of 2208 Shadywood Road for front yard setback and
side yard setback variances to permit construction of a new garage; -
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
the City of Orono hereby makes the following findings of fact:
1. There is an old existing garage on the property which
does not meet the front yard or side yard setback
requirements, which is too close to the road for safe
vehicle use and which Mr. Proegler has stated is too
small for his storage requirements.
2. The proposed garage location is set back far enough
• from the road to provide a turnaround and parking
area between the garage and the road which area does
provide for safe vehicle use.
3. There is a large existing maple tree on the property
which may be damaged and/or which may have to be
removed -if the garage were to be -placed farther from
the road.
4. The lot is only 57 ft. wide.
5. It is unreasonable to permit a new garage which requires
location variances on the same property as an existing
non -conforming garage.
6. It is reasonable to permit one garage on the property
to accommodate the storage -needs of the 'owner and to
preserve the substantial enjoyment and property rights
of the owner.
7. It is reasonable to permit the new garage to be sized
to include the storage area of the existing garage in
addition to the requested area of the new garage.
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Resolution No. 936
Page 2
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8. The proposed garage location better conforms to
the -setback requirements of the.zoning code than
does the existing garage.
9. The width of the lot and location of the maple tree
are peculiar conditions to this property and are
not generally applicable to other properties in
this zoning district.
10. The granting of these variances will alleviate a
practical difficulty and demonstrable hardship .
and are not a mere convenience to the owner.
11. The granting of these variances are not contrary
to the intent of the zoning code and will not impair
the health, safety and welfare of the public.
AND, BE IT FURTHERMORE RESOLVED, that after -due consideration
of all the facts and circumstances;
• A. The City Council of the City of Orono hereby approves
the following variances for John Proegler:
1. 15 ft. front yard setback variance to Section 34.552
of the Orono Zoning Code from 30 ft. required setback
to 15 ft.'proposed setback.
2. 7 ft. side yard setback va4.
riance to Section 3552
of the Orono Zoning Code from,l0 ft. required setback
to 3 ft.. proposed setback.
B. Said approval is subject to the following conditions:
1. The existing garage shown on Exhibit A attached•
• shall be removed: ..
a. Prior to issuance of the building permit for*
the new garage; or
b. Within 30 days of-completion.of the -new garage,
not to be later than January 1, 1979.
Resolution No. 936
• Page 3
2. The new garage shall be no larger than 710 sq. ft.
(the combined area of the existing garage and the
proposed garage).
3. Mr. and Mrs. Proegler, and the fee owner of the
property, shall approve of and agree to these
conditions prior to issuance of the building
permit and shall indicate agreement by signature
hereon:
Johft Proegler U Date
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-7-1 '
Lyo Proegler Date
Sally J. Proegler Date
4. This variance shall expire on August 29, 1979 if
the building permit has not been issued by that
date.
Dated this 29 day of Auc,r 1978.
William B. an Nest, Mayor
ATTEST:
Walter R. enson, Clerk/Administrator
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' Pak Lake Minnetonks ���
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Hennepin County, Minnesota
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Plat of*Survey r
for John R. Proegler
of Lot 12, Block 1,/T�
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hdjsa he
�, ells a Certificate of Survey:
I hereby certify that this is a
true and correct representation
P F° of a survey of the boundaries of
Lot 12, Blook 1, Wiley's Park Lake
Minnetonka, and the location of all
existing buildings thereon. It does
not.purpart to sw oho
erimprovements
or encroachments.
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�Gd \ Gordon R. Coffin Ree. -No. 6064
\ Land Surveyor and Planner
\ Long Lake, Minnesota
Scale: 1" = 507
\ Date : 5-2-78 ,
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