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Home My WebLink AboutResolution 4688 �;��, `� � O /� � � O O ��e. - CITY of ORONO � � ti �,� �'� RESOLUTION OF THE CITY COUNCIL ��SHp4�' NO. � � � � A RESOLUTION GRANTING VARIANCES ' TO MUNICIPAL ZOI�IING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE NO. #O1-2701 WHEREAS, Mark Schulte and Cecilia Schulte, (hereinafter "the applicants") are owners of the property located at 3477 Livingston Avenue within the City of Orono (hereinafter "the City") and is legally described as follows: Lot 11, Block 5, Navarre Heights, 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 August 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 10.03, Subdivision 15 (F) to permit a 5' side setback for an accessory building where a 10' setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #01-2701. , 2. The property is located in the LR-1C (%z acre) One Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 20, 2001 and recommended approval on a vote of 7 to 0 for variances based upon the following fmdings and hardships: � Page 1 of 6 i O � � • O O ��e. - CITY of ORONO � � �,� G'�� RESOLUTION OF THE CITY COUNCIL ��SH�4��' NO. � � � � A. The proposed garage would be located to the rear of the house because it is the only location detached structures can be built. Locating the garage in front of the house would not be allowed as zoning ordinances do not permit accessory buildings to be located closer to the street than the principal dwelling. The only place on the property the garage could be located and meet required setbacks is in the center of the back yard. • B. Locating the garage to the rear of the house would make access to the garage difficult due to the need to have a driveway wrap around the ; existing house to provide access. A driveway that does not have direct straight in/straight out access would be a difficult manoeuver for a vehicle. C. A garage meeting the 10' setback would also pose two other issues, a longer driveway requires a greater amount of hardcover and the garage � _ ' would take away the ability for the property owners to use their back yard. D. The 5' setback would allow a straight in/straight out access to the garage and would not require any change to the property access. The 5' setback allows the adjacent property owner the ability to build within 5' of the ' property line and maintain the 10' required distance between structures. � The proposed garage will be approximately 12' from the nearest point of ; the neighboring residence structure. . 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. � Page 2 of 6 ' �� . � O� • O O ��b � CITY of ORONO � ' ti �� G'� RESOLUTION OF THE CITY COUNCIL ��`9.ItE8IIp4��' N O. � � � � � 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. � 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 10.03, Subdivision 15 (F) to permit a 5' side setback for an accessory building where a 10' setback is required, subject to the following conditions: l. Site plan includes the removal of the existing car port as noted on the site plan, • attached as Exhibit A. 2. The existing car port shall be removed from the property prior to completion of the gazage. 3. 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 yeaz of the date of Council approval, or this variance will expire on that date (September 10, 2002). 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, 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 ' �—" � O ' V • O O ��e - CITY of ORONO � � ti �� G'ti RESOLUTION OF THE CITY COUNCIL �9kESH�4�' NO. _� (f� � � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the l Oth�day of September, 2001. ATTEST: ��,� ,� (/.� � ,-_._._. Linda�S. Vee, City Clerk Barbara A. Peterson, Mayor f Pro erty Owner (s) STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10`" day of September, 2001 by Bazbara 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 City. �ss� RACHEL DODGE ��,�� 0�� y p�BLpC.MiNNE^OTA ��n E�cpires Jan.31,2oos Notary Public :nw: ,�., ��.- < � ' Page 4 of 6 • , . �--' �� 0� • O O . ��e - CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL �9k'ESH.�4��' NO. � � � �i STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this I�d y of Q,p� , 20 b� before me a Notary Public within and for said county, personally appeared �r�L SC'�l l�I� . (VY�.(Y1Q� �own to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged t L � his (their) free act and deed. ' RACHEL DODCE NGTARY PI�t.IC.A�It�tE:'OTA l,�y Cpm�ion E�t�tJ�n.31,2005 '�Gt�(�—�� !� Notary Public STATE OF MINNESOTA ) ) ss. , COUNTY OF HENNEPIN ) • On this'��day of �`�� -2i'�'1�-f'� , 20 d� before me a Notary Public with� and for said county, personally appeared �c i � l 0. S� ln L� I -�-e ,�`r��l�own 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. � � ��- "�x'� '" Notary Public . "''�.. RACHEL DODGE NOTARY PUBLfC-MiNt�^OTA -�,. �'N Conxr�sion Expirot Jan.31�2005 . I I I . i ! � Page 5 of 6 _� . � �. � � � �� 1 I - � . ' � � � � � `� LIVINGSTON � : � AVENUE ` � t.o� _ . _ N90'00"'E 50.0 �� I 50.0 —'- -- 5a.0 � I � I I o � � ' I � . I I � 5.6 I � I . I • 03 2=S � ' I I � WD-FRAME r d' � CAR POR '^ � I �I � 347 � � ; � I � � I LOT 12 . � 1 � ' LOT 10 I co ' � � � � I � 4.1 � . � I� O � ( � � cJ• � i . I I � PROPOSED � f � . 16X26 . � I � , WD—FRAME N ` I U t I Z � GARAGE ; I � � Y ' � �' 16 I v 5. k I I O N � N SO.O FENCE 71.6 . SO.O �'°R�N90'00 E 50.0 � LOT 17 � LOT �19 � � LOT 18 , �, � CQ 2G01 SURVEY & MAPPING REPROOUC110N PROF: