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Home My WebLink AboutResolution 4147 \ 7 O� � O O ��e. � CITY of ORONO � ti � . '� RESOLUTION OF THE.CITY COUNCIl � ��`9k' p4�'G � � � NO. � �. � � . � ESH A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE � SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) (2) AND . SECTION 10.03, SUBDIVISION 9 (D) FILE #2402 � WHEREAS, Glen and Beverly Sauer (hereinafter "the applicants") are owners of the property located at 4104 Highwood Road within the�City of Orono (hereinafter "City") and legally described as follows: See attached, (hereinafter "the property"); and VVHEREAS, after due published 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 August 17, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) and Section 10.03, Subdivision 9 (D) to permit construction of a garage within 7' of the front lot line where 10' is required and closer than the principal structure to the lot line, and to allow 48.4% hardcover (within the 75-250' lakeshore setback) where 25% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: . � FINDINGS l. This application was reviewed as Zoning File #2402. � 2. The property is located in the LR-1B Zoning District, where 1 acre or 43,560 sq. ft. is the minimum lot area. The properly consists of .66 acres or 28,614 sq. ft. 3. The Orono Planning Commission reviewed this application on August 17, 1998 � and recommended approval on a vote of 6 to 0. � � Page 1 of 4 r � O� • O O ��b. - C ITY of ORONO � ' ti . . ��. ��'� RESOLUTION OF�T�E�CI�Y COUNCIL �kESH�4 � . NO. . . . 4. The Planning Commission made the following findings of fact: A. The street side setback for the proposed garage would not encroach closer than the existing structure (7 feet from the front lot line). B. . Detached garages with access facing away from the street only requires a 10' setback. C. Hardcover in the 75-250' lakeshore setback would remain 48.3%. � D. The proposed accessory structure would be closer to the street than the principal structure. E. A drainage ditch located on the property causes frequent flooding. • 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 variance would not adversely affect tr�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 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. 6. 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. 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 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) and Section 10.03, Subdivision 9 (D) to permit construction of a garage within 7' of the front lot line where 10' is required and closer than the principal structure to the lot line, and to allow 48.4% hardcover (within the 75-250' lakeshore setback) where 25% is allowed. Approval was subject to the following conditions: � 1. The storage shed is to be removed at the time the new gazage is completed. � Page 2 of 4 � �� O O � ��b. - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL . ��kE H04�� NO. �� 4- `� . S . 2. 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 yeaz of the date of Council approval, or this variance will expire on that date (August 24, 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 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 24th day of August, 1998. � ATTEST: J (Y`� .��/�`� . . Linda S. Vee, City Clerk Gabr 1 Jabbour, Mayor �� .� - ��- Property Owner(s) � � STATE OF MINNESOTA ) . ) . ss. � � . � COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 24th day of August, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � . o..�., �2�� 7�� MARYANNJOHNSON Notary P��ilic ;I�' NOTARYPUBLIC-MINNESOTA ; ,,,�„r.� My Commission Expires Jan.31,20Q0 , ` � `"''-=r'x.:�-a�+fr�r--�-�-::�:?4+�S'.1 � � Page 3 of 4 , � O ' V . s o o � �b� - C ITY of ORONO � ' � '�' RESOLUTION OF THE CITY COUNCIL �i�kE Hp4�G � . NO. � .�. � � • " � . �. : S � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this�� day of � , 199�l before me a Notary Public within and for said county, personally appe • d � �t� ��'�t.�t�; r,n Qi�2�-?� known to me to be the person(s) described in and wh executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. .� ,,.�.. o I��i • MARY ANN JOHNSON ; .NOTARY PUBUC-MINNESOTA ,..�„6•• My Commission Expires Jan.31,2000 ? NOtaiy b1iC ,�._.<:�:.�,�. `'' � STATE OF MINNESOTA ) � � ) ss. . COUNTY OF HENNEPIN ) On this ��Lday of - 199 �S before me a Notary Public within and for said county, personally appe. d .,�',(�. �J.r_�,� /� a��c-�-� 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. ,.,��, • G�xx� : � MARYANNJOHNSON . •=� •- ;� NOTARY PUBLIC-MINNESOTA NOtary Pu iC '�.�„�•^ My Commission Expires Jan.31,2000 . �_ . .�.e��e" � , Page 4 of 4 r • ' .• . • . , - � � . : ' � � � : . � ' . . .� � � �� EXHIBIT A ' � . • � . . . . ' , ' ' . ' • �; . ' . , . . � . ' � iEGAL DESCRIPTION•'OF PREMISES SURVEYEO: • . • ' ' All that part of Lot 40, described as follows's commenci.ng at a point on the east line of said Lot 40. distant 151 feet south from the northeast corner thereof: the point of beginning •of the land to be described, thence deflect�ing to the r.ight (west) at �an angle of •15 �degrees, 1.0 minutes a dlstance of 27 feet; thence to the� left 12 feet to a � , � point on s�id east line ,which point is 36 feet south of the point of beginning; �thence north 36 feet' to pofnt of beginning. . i:ot 41 except that part thereof described as follows: Commencing' at the SouthMest corner of said Lo�; 41 ; thence northeasterly along the South line of the •said Lot, a ' • • distance of 11 .4 feet; thence t'o the' left at an angle of 90 degrees a .distance of• 12 feet • � to a point on the west line of sai'd Lot 41 . whlch point is, 16.7 feet from the point of ' beginning: thence southerly 16.7. feet to point of beginning� • : • Lot 42, Hlghaqod.:Lake�Minnetonka, eccor,ding to the plat thereof on file or of record • . . in the office:of th� •Regist.rdr of Titles �n dnd for said County. � . � ' � • .,� : � . •� '� �