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Home My WebLink AboutResolution 4678 /i' 34348'7,, '4 .41. �O O %.71:b 4. CITY of ORONO �,,�� C, � RESOLUTION OF THE CITY COUNCIL 4kESH� NO. 4 8 7 B A RESOLUTION GRANTING VARIANCES Cr. TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE NO. #01-2697 ��NNbrS WHEREAS, Larry Gehl and Sharon Gehl, (hereinafter "the applicants") are owners of the property located at 1825 Concordia Street within the City of Orono (hereinafter "the City") and is legally described as follows: Lot 8, Coffees Addition to Shady Wood Lake Minnetonka, Hennepin County, Minnesota (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 July 16, 2001, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants applied to the City of Orono for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit an 8' east side setback for an addition of garage and living space to the existing principal building where a 15' setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Metro Legal Services Inc. FINDINGS Box 491 1. This application was reviewed as Zoning File #01-2697. 2. The property is located in the LR-1C (1/2 acre) One Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 16, 2001 and recommended approval on a vote of 7 to 0 for variances based upon the following findings and hardships: Page 1 of 5 /O O ^„: !. CITY of ORONO , 14 3001M6.1 3001111A RESOLUTION OF THE CITY COUNCIL \\kESH� NO. 4 .6 ° A. The project will not require variances for hardcover. The project includes removal of the existing 22' X 28' detached garage and part of the existing driveway to reduce hardcover. B. The right of way that is located between 1825 Concordia Street and the adjacent lot was dedicated for public use in the plat of Coffee's Addition in 1906. There is no specific plan by the City to develop the right-of- way or use it for any public purpose other than drainage. C. The right of way is a low area that collects water during heavy rainfall. D. The 8' setback has been requested to meet the minimum setback from the property line and to not encroach closer than the existing corner of the house. The variance would not allow any further encroachment to the side setback to the right of way. E. The addition would not encroach closer than 23' to the adjacent residential property line due to the 8' setback and the 15' width of the right of way. A common property line would only require 20' between houses. 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 5 2 0 -- „,„„iii,6 /o 0CITY of ORONO 'A1 ��IA Os RESOLUTION OF THE CITY COUNCIL \�x,es ' NO. 4 6 7 8 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit an 8' east side setback for an addition of garage and living space to the existing principal building where a 15' setback is required, subject to the following conditions: 1. Site plan includes the removal of hardcover as noted on the site plan, attached as Exhibit A. 2. 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 (August 13, 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 applicants 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of August, 2001. 6,, , ....„,,T, , 0 ,, „, . ,„ .., , , , ,,,,,__ � + `ee O ..CatyClerk Barbara A. Peterson, Mayor . t !' , / >146 ii-r1 ' � "' P operty i . er (s) Page 3 of 5 • / O • /O O . CITY of ORONO M� '1, G RESOLUTION OF THE CITY COUNCIL '4 4 ) NO. 467, ESB% STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13`h day of August, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the S RCHEL DODGE 5.-w".!S. NOTARY PUBLIC-IANNESOTA $' My Commission ExpYes Jan.31,2305 LA(--i---c It c__1 %c Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ( I day of D( .)te ry7/Xi". , 20 Ci before me a Notary Public within and for said county, personally appeared L r rt j C1g FV I 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. RACHEL DODGE f;. .rr NOTARY PLUM-MNNVOTA 'A_,I My Commission Expires Jan.31,2005 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this j I day of 2 efl'1&f , 20 C�1 before me a Notary Public within and for said county, personally appeared %ii`C;Y1 h/, Oct) 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. 744,-" RACHEL DODGE , • NOTARY PUBLIC•MOTANNE 3 kty common Expire{Jaen.31,2005 Notary Public Page 4 of 5 Exhibit A J �\ �- ',IA- 4678 C 9 �- - �,q o '..2 '4.1- , ` - r �- I K CO a) i:A„. I '7' (Dn., - e• t51.1 -1>1) N 0 j - _ r ;..., 1 - v / , -.... /Cle;2-*-.1 ti--/•-• ------ - r 1: /-- — iv, z a. 1_, , J . tc, 35. ,r I �- w to r- i ', ' ''v q W Q7 `\ f I' L�` v .- J -____LI r .V ti 2 .7 d � ' H (fi r1 r % t om. a . ! ♦ , i`ti1 t / r ' ? ) 117 4VII 1 ! . 11 o (6/ r - ! � co c?-t . .ir Tun--9 *it 3N0t10 AO A1.1 ) t Qat z- *. -0 ,� Yc r�, . ; ;� . .. IS 4 ID 2 '' cc) : CD <-, .q 7. _ , ,! 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