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HomeMy WebLinkAboutResolution 4108 � °� � � . � o o - �b. - C ITY of ORONO � ' ti , . '�' RESOLUTION OF THE CITY COUNCIL � . �L`q.t�E p4�'G . �. : . . . . . NO.. � � n �. . � . . � � � . . SH . . . . . A R7ESOI,�JTI01�1 G�tAl`�1TING � VAIaIANCES TO ' MiTNICYPAL ZONING CODE ' SEC'a'ION 10.24, SUBDIVI��ON 5 (�) Ati1D SEC�ION 10.22, SUBDIVISION 2 � ��,E #235� WH� ` +AS, Randy Staffanson and Marie Staffanson (hereinafter "the applicants") are owners of the property located at 1422 Park Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 14, "Saga Hill Revised," Hennepin County, Minnesota (hereinafter "the property"); and �EItEAS, after due published notice and mailed notice in accordance with � . Minnesota. Statutes and the City of Orono Zoning and Planning Codes, the Orono Gity Council . • . held a public hearing on May 26, 1998, at which times all persons desiring to be heard . concerning this application were given the opportunity to speak thereon; and V6VI�EEI�AS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.22, Subdivision 2 to permit the construction of a new 24'�6' garage in the same location as a previous garage destroyed by fire. Variances are required for a side yard setback to allow the garage to be located 6.16' from the property line where 10' is required and for hardcover to allow 31.75% hardcover in the 250-500' setback where 30% is allowed. � ��y�1, �'�YE1��FO1tE, �E gT �ES��,V�D by the City Council of-Orono, Minnesota: • . � � � - � � FIPd�I1�TG� � . . . . 1. T'his application was reviewed as Zoning File #2358. . 2. The property is located in the LR-1B, One Family Lakeshore Residential Zoning District where 1 acre or 43,560 sq. ft. is the minimum lot area. The p�operty consisYs of .33 acres. • 3. The Ciiy Council made t1�e following findings of fact: - - Page 1 of 4 . , ��`---� - -� � O� . � O O - �b. - C ITY of ORONO � F 'ti RESOLUTION OF THE CITY COUNCIL • . . �L`QIt'E Hp4�'G . . . . � � � �. NO. 4 � � :� � . S . . . � • A. The variances are required to preserve,a substantial interest in the � • property. B. No other location exists on the lot where a garage can be located. C. The garage replacement does not increase the amount of hardcover beyond the amount that previously existed nor further encroach into the side yard setback than the former garage. . D. The zoning lot does not conform to minimum zoning requirements for the LR-1B district. 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 variance would not adversely affect tra�c 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 properly right of the applicants; and would be in keeping with the spirit and intent of the Zoning Co.de 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. C01�1CLgJ��ON�, O�Ept ��3 C01�1]DITIOIVS . � � � Based upon one or more of the above findings, the Orono City Council hereby . � � grants variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.22, Subdivision 2 to allow 31.75% hardcover in the 250-500' setback where 30% is allowed and to allow a side yard setback of 6.16' where 10' is required to permit construction of a new 24'x26' garage in the same location as the previous garage that was destroyed by fire. Approval was subject to the following conditions: 1. � The existing shed encroaches in the required rear yard setbacics. If the shed is • destroyed, it shall not be allowed to encroach in the required yard or increase in size. � � � Page 2 of 4 _. � � ,C`--_. _ i . . O� � �� • O O �b. - C ITY of ORONO � ' ti '�' RESOLUTION OF THE CITY COUNCIL , . ���kE Hp4�� � � � � �. NO. � � � � �_ . . . S . 2. 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 pernut within one year of the date of Council approval, or this variance will expire on that date (July 13, 1999). ' 3. 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 i terminate any authority granted herein, and shall be punishable as a misdemeanor. � � 4. The undersigned applicants have read, understood 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. •� Adopted by the Orono City Council on this 13th day of July, 1998. � ATTEST: ' � "�! - U..��- t Linda S. Vee, City Clerk Gab ' 1 Jabbour, Mayo 111� � Property er(s) � STATE OF MINNESOTA ) � � ) ss. . � COUNTY OF HENNEPIN ) . � � . . � . � The foregoing instrument was acknowledged before me on this 13th day of July, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a � Minnesota municipal corporation and said instnunent was executed on behalf of the City. ` � Not � Public � • '� •�•• JAMIE L GEMA�R . � . :�'.' `` ' IaUT��TA � � y��MM� �CYIIIII�JJMI��YC71.JI�CVW � ' _ Page 3 of�} - . .. , _; . � O� � . O O � ��b. - CITY of ORONO � � �� G'� � RESOLUTION OF THE CITY COUNCIL , ��kESH���' � . � � . NO.. � � � R: . . . . � STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this �`�� day of � , 199 � , before me a Notary Public within and � for aid County, personally appeared , �i���,�¢,,�, � � known to me to be the person(s) described in and who execute e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � �T�•. JAMIE L GEMAR . :�'�' �` �� NOTARY PU�NC-MINNESOTA ^-• : HENNEPIN COi1NTY �-�.•�•' My Commission Fxpires Jan.31,z000 No Public . ,��,� =�� � � STATE OF MINNESOTA ) � . � � . ) ss. � � COUNTY OF HENNEPIN ) On this ,.,7I�- day of �7'�� f,, , 199 � , before me a Notary Public within and for said� County, personally appeared � d�� �-�� y�.r f;�� 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. - ' �(�' c�f ���..�, Notary Public � �, CAROLE A.HASEMAN . � . � � � �� es� NOTARY PUBLIC-MINNESOTA "'.•�1°�' HENNEPIN COUNTY � `•���'° My Commission Expires Jan.31,2000 ��� � ' � � Page 4 of 4 _. .