HomeMy WebLinkAboutResolution 4584 a . r _, :. �
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��e. - C ITY of ORONO
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� �� G'ti RESOLUTION OF THE CITY COUNCIL
��kESI3�4��' NO. � �±�1 � � ..�-
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
� SECTION 10.22, .SUBDIVISION 2; SECTION 10.56,
SUBDIVISION 16 (L) (2) AND SECTION 10.24, SUBDIVISION 5 (B)
FILE NO. #2635
WHEREAS, G & G Holding Company owned by Stanley Goldberg and Luella
Goldberg (hereinafter "the applicants") are owners of the property located at 1140 Loma
Linda Avenue within the City of Orono (hereinafter "the City") and legally described as
follows:
Attached hereto as E�ibit A (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 November 20, 2000, at which times all persons
desiring to be heard concerning this application were given the opportunity to speak thereon;
and �
WHEREAS, the applicant has revised a variance application to the City for
variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56,
Subdivision 16 (L) (2) to permit 1,777 s.f. (37%) of hardcover within the 75-250' lakeshore
setback where 1,187 s.f. (25%) hardcover is allowed and Section 10.24, Subdivision 5 (B)
to permit a 10' front yard setback where 35' is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1: This application was reviewed as Zoning File #2635.
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 November 20,
2000 and recommended approval on a vote of 6 to 0 for variances based upon
. the following findings and hardships:
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A. The proposed redevelopment would require the approval of Zoning
. Application #2634 for a road vacation and Lot Line Rearrangement.
The plans would include a 1,237 s.f. house to replace the �72 s.f.
existing cabin and removal of the parking and drive area located within
the proposed vacated right-of-way. The variance application has
requested 1,417 s.f. (29.8%) of hardcover in the 75-250' lakeshore
setback where 1,187.5 s.f. (25%) are allowed.
B. 1,417 s.f. of hardcover has been proposed by the applicants on the
site. The Orono Zoning Ordinance requires two parking spaces per
� dwelling unit. The applicants have only provided enough hardcover for
one space. Staff and Planning Commission have recommended an
additional parking space shall be added to the plans, increasing
hardcover.
• �C. Municipal Code requires that open parking spaces on lots must have a
location other than a required yard except that such parkinQ may be
located in a rear yard to within ten feet of an interior side lot line and .
to within ten feet of a rear lot line. The City of Orono �enerally
requires a 9' X 20' space for one vehicle, two parking spaces would
require an area 18' X 20' plus an additional 10' of drivewa}• to move
the vehicle parking area 10' from the property lines. The applicants
have proposed one 9' X 20' (180 s.f.) for parking. �
D. No garage has been proposed on the property. The City has seen
other applications in the past that do not propose garages at the time
the house is constructed and later an application is received for garage
construction. A garage�could not be. located where the parking area
is proposed. That area is restricted from development because of the
sewer line and eventual sewer easement located behind the house. The
property owners do not intend to build a garage on this lot.
E. Because of the unusual access to the property, a front yard setback
variance is required to allow a building to be constructed on the lot.
The north side of the property would be adjacent to the onl� public.
. access via a 20' platted, undeveloped, right of way. The LR-1B
• zoning district requires a 35' setback to the front lot line, which in this
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case would be the north property line. Staff would recommend
approval of a variance to the 35' setback to the alley, and require a
10' setback be maintained based on the followinQ hardship: the alley
has historically provided access to the propert�-; the City does not
intend to develop or maintain the alley; the alley �•ould continue to be
used privately by the o�vners of the propet�� for dri�•eway purposes; the
north property line would function as side, interior lot line; a 10'
standard setback would be appropriate in this case, and would be in
keeping with the intent of the zoning ordinance and Comprehensive
Plan; and requiring a 35' setback would not a11oR• a suitable building
site on what has historically been a residentiall�- developed property,
and would move construction of the house closer to the lakeshore
which is not in the best interests of water qualit�- and protecting lake
views for adjacent properties.
* 4. The City Council finds that the conditions elistinJ on this property are
peculiar to it and do not apply generally to ocher property in this zonin�
district; that granting the variances would not ad�-ersely affect tra�c
conditions, light, air nor pose a fire hazard or other dan�er to neighboring
property; would not merely serve as a convenience to Lhe applicants, but is
necessary to alleviate a demonstrable hardship or difficulry; 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 includin� the findings and
recommendations of the Planning Commission, reports b�- City staff, comments
. by the appTicants and the effect of the proposed ��ariance on the health, safety.
� and welfare of the community. �
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CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above fmdings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56,
Subdivision 16 (L) (2) to permit 1,777 s.f. (37%) of hardcover within the 75-250' lakeshore
setback where 1,187 s.f. (25%) hardcover is allowed and Section 10.24, Subdivision 5 (B)
to permit a 10' front yard setback where 35' is required, subject to the following conditions:
1. Applicants shall apply for a demolition permit and remove all existing
structures and hardcover prior to issuance of a building permit for a new
structure.
2. Applicants shall provide 2 original copies of a revised survey showing the
building plan and all proposed hardcover. Such site plan/survey shall be in
substantial conformance with the approved site plan attached hereto as Exhibit
� B'
3. Council approves Zoning Application #2634 for a lot line rearrangement and
street vacation.
4. It is the position of the Council that it is not possible for future garage
construction and/or additional hardcover on the property based on the proposed
construction plans and the existence of a sewer easement o��er the driveway.
5. Authorities granted by this variance run with the property not with the
applicants, but are pernussive 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 (December 11, 2001). �
6. 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.
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��b. - CITY of ORONO
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7. 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 properry. •
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the llth day of December, 2000. .
ATTEST:
��►�_ � `�'�•,
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L'inda S. Vee, City Clerk Gabriel abbour, Mayor
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Property Owner (s)
cs •�� • �.�.e�., ,,,..� ,
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this llth day of
December, 2000 by Gabriel Jabbour 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. � � .
MARY ANN JOHNSON �
HOTARY PUBLIC-MINNESOTA Notary 1C
:�rr: My Ca�lYrdssion Explres Jan.31,2005
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��b. - CITY of ORONO
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�� �'� RESOLUTION OF THE CITY COUNCIL
��kESH�4� � NO. ,r4 9 � �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
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On this �day of ��-ery1�7-eti , 20 OD before me a Notary Public within and
for said county, personally appeared �.�/l� �• �a��6.�9, �'YtQrri e� known
to me to be the person(s) described in and who executed the oregoing instrument, and
acknowledged that he(they) executed the same as his (their) free act and deed.
JOBI.EI�iLIiURR • ��
NdTARY PUBI.IC-MINNESOTA
My Cot�Ofl E��re�1/31/2005 ary Public
STATE OF MINNESOTA )
• ) ss. �
COUNTY OF HENNEPIN )
On this �day of ,��G�i�J�/^ , 2064 before me a Notary Public within and
for said county, personally appeared �' a.h� �' �o���r�c �'lar�r�� known
to me to be the person(s) described in and wh executed the f egoing instrument, and
acknowledged that he(they) executed the same as his (their) free act and deed.
JOELLEN L HURR
('�OTAFiYPUBItC-MINNE30TA - c_ �
���0"�'��� o ry Public
STATE OF MINNESOTA )
) 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
acknowledged that he(they) executed the same as his (their) free act and deed.
• . . Notary Public �
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EXHIBIT A �
Lot 13, and those purts of ,L�t 17: and the ad joining vacoted service
� .road which tie soutn of the �westerl; eXtension of the north line of said
Lot 13 and east of a line 30 feet �west of, measured at a right angle
to, and parallel with the west �line of said Lot 13, all in "LOMA LINDA".
NOTE : In the plat of "LOMA LINDA", the streets were
dedicated for the use of the bwners in that addition.
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EXHIBIT B � LO��s��► � CERTIFICATE OF SURVEY FOR
BLACKTOP ��Npq s � . LUELLA GOLDgERG _
ROAD AS
. . TRAVELLE� • �UE '
� OF LOT 13, LOMA LINDA
� . NENNEPIN COUNTY, MINNESOTA
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..._ . 'N 90°00' 00" E 15& 0 .._.....-.......... 33' � ��
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7.49-'."� �
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�o ; ; "A �SURVEY•....._� �'r � a .�
z�° ,� , � � '���O��E� ��I 3 LINE . `�r�o``'ry �,ti°j� O
/l�j�o0 .,. �
.- --PROPOSED; --- i' � � ��"� �, 890 ,�. �. PARCEL B �� , `
o VACATED `�. , 19A ' nos ..:ru ur0P6��s / cV �
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, "SERVICE �'•,, ;_ ' ---�=-----------µ---�-
ROAD '+. --,----u------ �`„Tij----- �
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J �;k•....30.00....•' •..... 164.il7 --".���J .3�� � V
U ..-- N 90; J' 00" lti 134.07:-.-°°" / �'
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. .EXISTING . � . . _ . . . � , . .
/ . .
HOUSE �
EXISTING LEGAL I.IFSCRIPTION : •
' Lot 13, "LOMA LINDA° ._
PROPOSED LEGAL DESCRIPTION :
• Lot 13, and those parts of Lct' 17 and the adjoining vacated service
raod which lie south of the `wester:;� extension of the north line of said
Lot 13 and east of a line 30 fee: west of, measured at a right angle
to, and parallel with the west line of said Lot 13, all in "LOMA LINOA".
• NOTE : in the plat of "LOMA LI\"�A"•, the streets were
� dedicated for the use of the owr.=_rs in fhat addition. . . ,
� o : denotes iron marker
Bearings shown are based upon cn assumed datum.
This survey intends to show the boundaries of the above described property,
the locatiun of an existing cabin, and the pr000sed location of a proposed house•
thereon. It does not purport to s^r•w any other improvements or encroachments.
� I I�er����fy Ual Uia svrey tc�prepQed by ma a udet my 3ral syxt- SCn�E
� . � . tAFFIN �C CR�t�66Rd, IM t"=ao�
visim,mC;hct I m a dly ta;staed Civi Erg'nea and lad Sirveya under
�l.�i Q�i���i'f�1��.� UIG�C�S Of U1G S�Q�O Of lt.'YVCS0�6 . OATE
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482 TW�R,t�c AYfliE LOtC U1�I!t 55356 ,wa n .
612�73-4141 %�� ��"�`"' oo—o�se
i� Yer1c Gronber Ia'unesoto Licaue Munb�r 12755
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