HomeMy WebLinkAboutResolution 4697 CITY of ORONO
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�� G~ RESOLUTION OF THE CITY COUNCIL
04�/ NO. 4691
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A RESOLUTION GRANTING VARIANCES ='
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TO MUNICIPAL ZONING CODE S
SECTION 10.25, SUBDIVISION 6 (B), SECTION 10.22, SUBDIVISION 2
AND SECTION 10.56, SUBDIVISION 16 (L) 2
FILE NO. 901-2715
WHEREAS, John M. Bailey and Patricia S. Bailey, (hereinafter "the applicants")
are owners of the property located at 2807 Casco Point Road within the City of Orono
(hereinafter "the City") and is legally described as follows:
1L
ULots 123 and 124, Spring Park, Hennepin County, Minnesota, except that part
thereof platted as Casco Point Road (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 September 17, 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 a variance to
Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit structural repairs and the
addition of a foundation below an existing garage located 1.1' from the property line, and
variances to Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit
a variance to permit an alteration to existing hardcover over 25% to permit replacement of a
deck and patio, and the addition of a 40 s.f. paver walkway in the 75-250' lakeshore setback.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 901-2715.
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 September 17,
2001 and recommended approval on a vote of 7 to 0 for variances based upon
the following findings and hardships:
Metro Legal Services Inc.
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O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
SS NO. 4697
A. The purpose of the new foundation is to raise the elevation of the garage
to allow for the garage floor to be at an elevation above the driveway to
eliminate a floor drainage problem. The property owners have stated the
garage and driveway apron are located in a low point and are a drainage
backup area. Raising of the garage would not allow the water to pool
inside the garage, but rather flow off the lower land elevations away from
the building and driveway.
B. The garage is in generally good repair and no major structural alterations
are required.
C. Moving the garage or changing the driveway may involve extensive
grading and the addition of more hardcover.
D. The hardcover for the sidewalk replaces a pre-existing walkway. The
total hardcover for the walkway is 40 s.f. The walkway is required to
connect the deck and patio. The walkway replaces a walk that had been
located on this portion of the property.
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.
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A CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
S 0 No. 4697
_.
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
structural repairs and the addition of a foundation below an existing garage located 1.1' from
the property line, and variances to Section 10.22, Subdivision 2 and Section 10.56, Subdivision
16 (L) (2) to permit a variance to permit an alteration to existing hardcover over 25% to permit
replacement of a deck and patio, and the addition of a 40 s.f. paver walkway in the 75-250'
lakeshore setback., subject to the following conditions:
1. 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 (September 24, 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.
r Adopted by the City Council of the City of Orono, Minnesota at a regular
mn the 24th day of September, 2001.
PAW
ellt
ity Clerk Barbara A. Peterson, Mayor
Pr7K Owner (s)
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b CITY of ORONO
a �
RESOLUTION OF THE CITY COUNCIL
E 14"04�O NO. 4697
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 24' day of
September, 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 City. yy��y �yy
ro RACHEL DODGE
5 r, NOTARY PUBLIC-MINNVOTA
W Conrnftm EWm Jan.31.2005--vagappay 0888888M
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of Oe-ro6&- , 20QL before me a Notary Public within and for
said county, personally appeared --7GL(Ac) 1-4- �,¢/mac/, A444etcD 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.
Notary Publi=EENISE
STATE OF MINNESOTA ) JA% KINENss. �COUNTY OFHENNEPIN ) qW n 31�?A05
On this tS�h day of OCt-o der , 20_0 1 before me a Notary Public within and for
said county, personally appeared i c icZ "o-ri ed 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
>' NOTARY PUBLIC-I NNVOTA 4a"C-4�
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` My CwabsW E*=Jan.31.2005
Notary Public
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