HomeMy WebLinkAboutResolution 1495 � �,
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Granting A Variance to Municipal
Zoning Code Sections 34.552, 34,61H and 38,201 - File 747
Whereas , R. William Toward is the owner (hereafter "owner") of
property loca�ed within the City of Orono (hereafter "City") at 3460 Birch Lane ,
legally described as All that part of Lot 19 , Lydiard' s Park Lake Minnetonka ,
lyinq Northerly of the Northerly line of Birch Lane in "Baldur Park" if said
Northerly line were extended in a straight line across said Lot 19 , (hereafter
"property" ) ; and -
Whereas , the owner has. applied to the City for variances to municipal
zoning code sections 34 . 552, 34 .61Q and 38 . 201 to allow construction of a 20 ' X 22'
detached garage to be located 3 feet from the exterior side property line instead
of the required 10 feet per Section 38. 2d1 and 10 feet from the street lot line
instead of the required 30 ' per Section 34 . 552 and to approve an existing excess of
hardcover on the property at 2924 square feet over the allowed amount of hardcover
� at 2315 square feet per Section 34 . 61� . '
Now, Therefore Be It Resolved by the City Council of Orono, Minnesota :
Findings ,
1 . This application was reviewed as zoning � file no. 747 .
2. The property is located in ' the LR-1C Single Family Lakeshore
� Residential zoning district. .
3. The proposed accessory structure is to be no larger than 20 ' X 22 ' , one
story high.
4 . The doors of the detached garage� will face away from the street making
use of the existing paved area as a turnaround .
� 5. The new landscaping that will replace existing paved area and the roof
design of the detached garage will improve the existing surface drainage
pattern on the property by redirecting some drainage to the grassed area to
the north.
5 . The Orono Planning Commission reviewed this application on May 16,
1983, and recommended approva.l of the variances as requested based upon the
following findings:
• a) The location of the principal structure and the width of the lot
prevent the proposed structure from meeting the required setbacks.
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C�t� o� ORONO
' '" � RESOLUTION OF THE CITY COUNCIL
NO. 1495
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b) The addition of proposed structure will not result in an increase of
hardcover because the owner must remove an equal amount of existing
hardcover on the property. '
, c) The proposed improvement is consistent with pattern of development
within the surrounding neighborhood .
d) The location and use of the proposed structure will have no adverse
effects on the surrounding properties, existing surface drainage
pattern nor wi.11 it have detrimental effects on the property values,
within the surrounding neighborhood .
. 7. The City Council hasconsidered thisapplicationincluding thefindings
and recommendations of the Planning Commission, reports by City staff ,
comments by the owner and other interested persons, and the effect of the
proposed variance on the health , safety and welfare of the community.
: 8 . The City Counci.l 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 variance would not adversely effect traffic
conditions , light, air nor pose a fire hazard or other danger to neighboring�
property; would not merely serve as a convenience to the owner , but is
necessaryto alleviate a demonstrable hardship or difficulty; is necessary
to preserve a substantial property right of the owner ; and would be in
keeping with the spirit and intent of the zoning code and comprehensive plan
of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings , the Orono City Council hereby grants variances to
Section 34. 552, 34 .610 and 38 . 201 to allo� construction of a detached garage
within 3 feet of the interior side property line , 10 feet from the front/street
property line and to approve an.existing hardcover varaince of 2024 squ�re feet or
31 .5$, subject to the following conditions: .
l . Any doors over 3 feet wide shall face away from the street.
, 2. No other variances are granted or permitted for this
structure.
3 . The City will approve no future variances for this property.
• 4 . Authorities granted by this variance run with the property not with the
owner , but are, permissive only and must be exercised by application for a
building permit and/or occupancy certificate within one year of the date of
Council approval , or this variance will expire on that date (June 14, 1984) .
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5. Violation of or noncompliance 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 �hall be
punishable as a misdemeanor .
6. The undersigned owner has read , understood and hereby agrees to the
terms of this resolution and on behalf of himself, his heirs, successors and
assigns, hereby agrees to the recording of this resolution in the chain of
title of the property.
Adopted by the Orono City Council on this 13 day of June , 1983.
ATTEST: CITY OF ORONO �
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City Clerk Mayor
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Property Owner (s) � � .
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
On this � day of , 1983 , before me a Notary Public within and for
said County, persona ly appeared
d Q �/.c,�.�c.s� �o�.��rQ.
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 . �
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�N����N�O�U T� NOT RY PUBLI
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MY COMMISSION EXPIRES
• This document is being recorded for the benefit of the City of Orono per Minnesota
Statutes 386.77 .
State Deed Tax Due Hereon: Exempt
This instrument was drafted by:
City of Orono
P.O. Box 56
Crystal eay, MN 55323