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HomeMy WebLinkAboutResolution 4605 / O � � � O O ��b - CITY of ORON� � � � �,� G'� RESOLUTION OF THE CITY COUNCIL � ���9kESKp4�' NO. � � � � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (D), SECTION 10.24, SUBDIVISION 5 (B) FII..E NO. #2649 WHEREAS, Charles Leekley (hereinafter "the applicant") has an interest in, and Marie V1Wendt is owner (hereinafter "the owner") of the property located at 1525 Long Lake Boulevard within the City of Orono (hereinafter "the City") and legally described as follows: All of Lot 20 and that part of Lot 21, which lies West of a line drawn North and South through said lot and midway between the East and West lines of said lot in "Albee's Long Lake Addition" (hereinafter "the property"); 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 January 17, 2001, at which times a11 persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied for a variance application to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit a garage entrance 5' from the north property line where 30' is required; and Section 10.24, Subdivision 5 (B) to permit a 5' side setback where a 10' setback is required for construction of a detached two stall.�arage. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, � Minnesota: . FINDINGS 1. This application was reviewed as Zoning File #2649. 2. The property is located in the LR-1B (1 acre) One Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on January 17, 2001 � and recommended approval on a vote of 4 to 0 for variances based upon the following findings and hardships: Page 1 of 6 . /�---� /� �11�' • � � ��b. - - CITY of ORONO � ,� � . �.� G'� RESOLUTION OF THE CITY COUNCIL ��kESH�4�' NO. � � � � � A. The site topography restricts the garage to only the northeast comer of the property. The properties along Long Lake Boulevard slope to home building sites. The garages must be located at the top of the hill to avoid unsafe driveway access to the properties. The location of the � existing well and site topography resfirict the garage location to only the far northeast corner on the property. B. Long Lake Boulevard is located 10' above the ground elevation of the house. If a garage were located attached or near the house, a driveway � with slopes at or near 15% would be required. The City of Orono normally suggests driveway slopes not exceed 8-10%. C. An existing garage is located only 1' below the Long Lake Boulevard. _ � 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 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. 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 i�� /� �11�' � O o ��e. - CITY of ORONO � � ti RESOLUTION OF THE CITY COUNCIL ��9,kE I3�4�'� ' NO. � � � z� . �S CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby jrants variances to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit a garage entrance 5' from the north property line where 30' is required; and Section 10.24, Subdivision 5 (B) to permit a 5' side setback where a 10' setback is required for construction of a detached two stall garage, approved site plan is attached hereto as E�ibit A, subject to the following conditions: . l. Applicants shall apply for a demolition permit and remove the e�sting garage and storage shed prior to issuance of a building pernut for a new structure. Z. Authorities granted by this variance 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 (February 12, 2002). 3. 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. 4. The undersigned applicant and owner 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. � � Page 3 of 6 1�...�'a.-� ... /�'� /� O� • O O ��6 - CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL ��`q.kE p4�'� . NO. �: � � � SH Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 12th day of February, 2001. ATTEST: � G,Y�� �..�'� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor G����iGfi'�it.�i ��-�/61 c%���/ ��"� . Property Owner Applicant STATE OF MINNESOTA ) ) ss. , COUNTY OF HENNEPIN ) The foregoing instrument was acknowledQed before me on this 12th da�- of February, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instniment was executed on behalf of the Cit�. �� RACHEL DOQGE �/� �� �o�n� � :a �:' NOTARY PUBUC-MINNE.^OTA �/`C G��c �;;;;;�,"�: Nly Canmiss(on Expires Jan.31,z��s Not.ary Public �' .,,,.,.�,�.,.-.......e..,.Y�.., STA ! �3F'^1VIINNESOTA ) � ) ss. � COUNTY OF HENNEPIN ) � On this���day of 20�/ before me a Notary Public within and for � � said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledQed that he(they) executed the same as his (their) free act and deed. :, . � �i'��C�_��--� �Lb� � �� RACh�:� �?oDGE FYr��- NOTARY FS:�� ._p11N1�E.^•dTA Notary Public ;:> A4YComm:�,,,,•' ..•;sJan.31�2005 , -------�- `�- . Page 4 of 6 ... , �----- 7 O� • O O ��e. - CITY of URONO � ti �� . G'� RESOLUTiON OF THE CITY COUNCIL ��SH04�' � • NO. � �+ � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �day of �Gf�Gl�-� , 20 6� before me a Notary Public within and for said county, personally appeared (iha�l e-S �2 e.,L[a� known to me to be the person(s) described in and who executed the foregoing instrum t, and acknowledged that he(they) executed the same as his (their) free act and deed. r�-�,� �:.:.::.., � `:~js� RACHEL DODGE (_��r����� dOd(.C}�.� .:,.;��.�;; � ��F , y 4 N�������� Not Public =` My Conxn�ion E�cpine Jan.31,2005 � ,,,;, . • . . • � Page 5 of 6 , ,'�, - r- EXHIBIT A . . , � 60 � � CERTIFICATE OF SURVEY FOR - •• CHARLES LEEKLEY IN IOTS 20 6c 21; ALBEE' S LONG LAKE ADDITION — HENNEPIN COUNTY, MINNESOTA ' ; � . - ; �ONC Cq � i � � � k . � ;,,,. • ..., F�o� � ' 6. � � � v ' i �J: aa ser:rn.r . . . � • ec~'t,��� _ ,�.�,,- � . . . ' . � �� . , � �v r, � • ~s: � _�'� • • . ; � .. , .. ._. .. .. . • w..a ,` . 1 . �r � � . � �� � . ; 1 1 � • . » 1 1 . . � � � • . . 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