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Home My WebLink About#03-2932 Recorded Resolution 5031: . CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 0 3 1 A RESOLUTION GRANTING A CONDITIONAL USE PERMT PER PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 10 AND VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION S(B) FILE NO. 03-2932 WHEREAS, Albert C. Trapanese & Cheryl A. Trapanese, husband and wife, (hereinafter "the applicants") are the owners of the property located at 3220 Bohn's Point Lane within the City of Orono (hereinafter the "City") and legally described as follows: Lot I, Block I, Bohn's Point Addition, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 10.24, Subdivision 5(B) to place a 25'x 35' detached garage 20' from a street side lot line where a 35' setback is required. Additionally, the applicants have requested a conditional use permit in order to construct a detached accessory structure on a property which is considered a "through lot" by City Ordinance. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #03-2932. 2. The property is located in the LR-lB Zoning District, which requires minimum lot area of 1 acre and minimum lot width of 140'. The area of the property is 1.44 acres (62,835 s.f.) and defined lot width is 183.51'. 3. The Planning Commission reviewed this application at a public hearing held on August 18, 2003 and recommended approval of the side street setback variance as well as approval of the conditional use permit, based on the following findings: Metro Legal Services Inc. 1 /·· Box 491 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 0 3 1 a) The property has frontages in the front and rear of the property making it a through lot. b) The detached garage is considered an accessory structure, and c) The variance of 15' is supported by the hardships of the location of the existing driveway, the proximity to the house, the densely wooded rear yard, and the fact that the lot is a comer lot. d) The location of the proposed detached garage will be setback so as to meet a 20' street side yard setback. e) The proposal will not have a negative impact on light, air or open space in the neighborhood. f) Vegetative screen and privacy fence along Bohn's Point Road should be maintained to avoi('. future visual impacts as viewed from Bohn's Point-Road. g) Density of the vegetation on the lot should be kept such that the visual impact from County Rd 51 is minimized. h) No access to Bohn's Point Road should be allowed for proposed garage. 4. 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 public, and the effect of the proposed variances on the health, safety and welfare of the community. 5. 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. 2 .. .. CITY of ORONO RESOLUTION OF THE CITY COUNCIL 0 •:;, NO. (,.11 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 10.24, Subdivision 10 to allow a 20' setback where a 35' setback is required, and a conditional use permit for the construction of a detached garage/accessory structure on a through lot, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Vegetative screen and privacy fence along Bohn's Point Road.are to be maintained to avoid future visual impacts as viewed from Bohn' s Point Road. 3. Density of the vegetation on the lot shall be kept such that the visual impact from County Rd 51 is minimized. 4. No access 10 Bohn's Point Road shall be allowed for proposed garage. 5. Authorities granted by this resolution run with the prope1iy not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance and conditional use pennit will expire on that date (August 25, 2004). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 25th day of August 2003. 3 ( STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORON O RESOLUTION OF THE CITY COUNCIL NO. 5 0 3 l Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this Z 7-1--tay of AL~t 2003 by Barb ara A. Peter son, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. if~~~--<2li,~:88<2:'2.;~e,a;~-~!:82~ I~ 1 -~ , RAC HEL DODGE /_$ I ,-NOTARY PUBLIC· MIN NE:?OTA ~,:-~ ~-~:;;::::':~::!:!~~~ ,) STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this z~:y of ffi.,t5,0t.-~1/ 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ···=, ~??.:?~~;2.i;:i,t,11 RA CHE L DODG E ;i~ , NOTARY PUBUC -M INNE2OTA \ ., ,/ My Com miss ion Expires Jan. 31, 20 05 l~~?aeeceaeaeaee:z~4 Notary Public 4 I , ,· STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 0 3 1 This instrument was acknowledged before me this J-91:!L-day of /}uj u.s f , 2003 by Alb.e r+{', Trapa ne se .J{'_h -er y l A . Tra po.Y\es · , h u s b 0c n d c:1 1.,u i ±e LINDA S, VEE NOTARY PUBLIC -MIN NESOTA My COIMlilllon Expires Jan. 31, 2005 STATE OF MINNESOTA COUNTY OF HENNEPIN JR .. /~' {//4v Notary ~ This instrument was acknowledged before me this __ day of _____ , 2003 by ________________________ _ Notary Public 5 •.· ,,.,, Est:ablished in 1962 LOT SURVEYS COMPANY, INC. LAND SURVEYORS · REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA 7601 73rd Avenue Norlh 763-1;60-3093 lllnneapolls, Mlnnesola 65-428 Fax No. 660-3522 §uh1eu.or.s @eriifirnte. MIKE HAYES Pr~perly localed in Seclion 8, Township 117, Range 23 Hennepin County, Minnesota RESID) ,,,!:," 1-'·','· \..J \ \. ___ _ Lot 1, Block 1, BOHN' S ~POINT ADDITION The only easements shown ore from plots or record or information provided by client. We hereby certify that this is o true and correct representation of o survey of the boundaries of the above described land and the location al oil buildings and visible encroachments. if any, from or on said land. Surveyed by us this~ doy of JUL y 2Q_QJ_ ~O· "'' 0\ .\ pO\N1 NVOICE NO. 66285 F.B.NO. 853-n SCALE: 1" = 40' O Denotes Iron Monument f"",.J 'I Denotes Wood Hub Set for excavolion only xOOu.O Denotes Existing Elevation <ff§r,> Denotes Proposed Elevation ..C--Denotes Surface Drainage i 0 <( 0 ~ 1-z 0 0.. 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