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HomeMy WebLinkAboutResolution 3909 � °� � � o 0 �A. - C ITY of ORONO - � F '� RESOLUTION OF T CITY OUNCIL ��`9.$ p4L�'G NO. �9.o � . . ESH � . 3 9 09 � A R�SOLU'�'ION GRAN'I'Yl�TG ��A1�CE� 'I'O 1VIUNICIPAI. ZONING CODE . SECTION 10.24, SUBIDIVYSIO1oT 5 (�) ANA SECTION 10.22, S�JBDIV][SION 2 FILF NO. 2236 , . WHEI2EAS, William H. Bockmann (hereinafter "the applicant") is the owner of the property located at 1090 Loma Linda Avenue within the City of Orono (hereinafter "the City") and legally described as follows: � Lot 9, Loma Linda (hereinafter "the property"); and VV��REAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.22, Subdivision 2 to remove an existing one-car garage and to construct a two-car garage resulting in a side yard variance to • reduce the existing side yard from 4.0' to 1.7' where 10' is required and a hardcover variance � increase from 1,754 sq. ft. (37.20%) to 1,838 sq. ft. (38.98%) in the 75-250' setback where � 1,178 sq. ft (25%) is allowed. NOW, TY��FORE, BE YT' R�SOI,V�D by the City Council of Orono, Minnesota: �INDINGS 1. This application was reviewed as Zoning File #2236. 2. � The property is located in the LR-1B, Single Family Lakeshore Residential �. Zoning District where the minimum lot area requirement is one acre. 3. The Orono Planning Commission-reviewed this application on May 19, 1997 and recommended approval of the proposed variances based upon the following unique findings and hardships: Page 1 of 4 • . � °� - o 0 • ��b. - . CITY of ORONO � ti . �'�• RESOLUTION OF THE CITY COUNCIL V i - L�kESH�g'� . � NO. eg �� O � � . . A. The lot does not conform to the minimum lot area and lot width requirements for the LR-1B district. � B. The well located in the yard limits new construction. C. No negative comments have been received from adjacent property owners. 4. The City Council fmds that the conditioris e�sting 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial • property right of the applicant; 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 including the fmdings and recommendations of the Planning Commission, reports by City staff, comments � by the applicant 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 for hardcover and side yazd and street yard setbacks per Municipal Zoning � Code Section 10.24, Subdivision 5 (B) and Section 10.22, Subdivision 2 to remove the existing � one car garage to construct a two car gazage, subject to the following conditions: . 1. Authorities granted by this variance run with the property not with the applicant,. but is permissive 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 (May 27, 1998). . • Page 2 of 4 .� �� � � O O . � ��. - CITY of ORONO � F �� G'�' RESOLUTION OF THE CITY COUNCIL � ��kESHOg'� . � . � NO. `s� .� 0 9 � . . 2. 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. 3. The undersigned applicant has read, understood and hereby agree 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 City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of May, 1997. ' A ST: • �, � . ; Dorothy M. lin, Ci Clerk Gabriel abbour, Mayor � ' � �� � ������- d.. � �� Property Owner (s) � . STATE OF NIlNNESOTA ) ) ss. COUNTY OF HENNEPIN ) � � The foregoing instsument was acknowledged before me on this 27th day of May, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . ° '"` CAROLE A HASEMAN ��/t'-?���, -e -� � . '��'�.7,�•� NOTARI'PUBL�C-MINNESOTA — - ' -�� - � Notary Public s�,�^' • HENNEPINCOUNTY . �1'C�mmisslon ExDires Jan.31,2nOp • . • Page 3 of 4 , � °� 0 0 • ��b. - CITY of URONO � ' ti '�' RESOLUTION OF THE CITY COUNCIL �L`.q.kE pg'�'� . N O. e� � 0 c9 ._ - � SH STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) � . � � . On this 1S+h day of , 199�! , before me a Notary Public within and for said County,personally app ared ,,,, known to me to be the person(s) described in and who exe uted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ` CAR�H SEMAN ��i�,_������,s.� " �O ` NOTARY PUBLIC-MINNESOTA Notary Public � " ' � HENNEPIN COUNTY �-y � ,• �,��.�° My Commission Fxpires Jan.31.2�� � �� . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) • On this ,C�� day of � � , 199 'I ,before me a Nota Public within and for said County,personally peared �,J;��;Q�y, ,�.�, ,�o�!(rv,a n v�� m u�r�e 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 (t ir) free act and deed. (,�� - (/.e-2� ,.<�•. LINDA S.VEE otary Public '�` ' NOTARY PUBLIC-MINNESOTA � •� - ' HENNEPIN COUNTY • . '•-..••°� My Commissian Expires Jan.31,2600 • Page 4 of 4 � . � - � � • . i , � ' GHCREST AVENUE � � b , ••• NO TH 50.00 � . � Qs � pq : - . ,�S b 5 5�•� . � � . , F� f� r- i F, � �� � ' � � � I � �7 .. � � ~Fiw.he .. . ' . � 1 f • 1 s I p . . ia�;:! - . . � � � �o ��O 10.3 . . � . . . lJ - � m � � � �w . � • z r � . i O t; _ � Q � � � . � o• m ---tOJ'__ m] 7A n� � . . 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