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HomeMy WebLinkAboutResolution 3977 .� O . "7032999 OO CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL .ZS IIDg� NO. 3977 TRANSFER ENTERED RESOLUTION GRANTING VARIANCES TO HENNEPIN COUNTY TAXPAYER 9ERVKES MUNICIPAL ZONING CODE SECTIONS 10.23, SUBDIVISION 6 (B) AND JAN 5 2`33 10.03, SUBDIVISION 9 (D) FOR CONSTRUCTION OF A GARAGE AT 980 WEST FERNDALE ROAD FILE #2295 BY WHEREA , Conley Brooks, Jr. (hereinafter "the applicant") is owner of the property located at 980 West Ferndale Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.23, Subdivision 6 (B) and 10.03, Subdivision 9 (D) to construct a detached garage located nearer the front or street lot line than the principal building on the property where no accessory structures are normally allowed, and located F from the street lot line where the required front yard setback is 50% and has requested a variance to allow such structure to encroach 6' into the required 26' setback from a City protected wetland where no structures are normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: R FINDINGS 1. This application was reviewed as Zoning File #2295. 2. The property is located in the LR-lA, Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 15, 1997, and on a vote of 6 to 1 recommended conditional approval of the Page 1 of 6 01 0 0 CITY of ORONO ti RESOLUTION O THE CITY COUNCIL SHog� NO. 977 proposed variance based upon the following findings: A. There is no hardship for granting the wetland setback variance, and the proposed structure should be reduced to 18'x24' and must meet the 26' wetland setback. B. The hardship for approval of the F street setback is that the pre-existing garage which has been located at this site for many years currently encroaches 2.8' into the right-of-way of Ferndale Road, and the new garage will eliminate this encroachment. C. The hardship supporting the location nearer the street lot line than the existing residence structure is the orientation of the property and the proximity of the proposed garage location to the lakeshore, providing applicant with storage for lake oriented equipment at a location relatively nearer the lakeshore than the existing residence. 4. The City Council has reviewed the proposal and finds that a garage no larger than 12' x 15' is appropriate given the severe limitations of the site, and that such garage should meet the 26' wetland setback and meet a 7' setback from the right- of-way. 5. The City Council has considered this application including the findings 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. 6. 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 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. Page 2 of 6 0 0 b- QTYof ORONO ti RESOLUTION OF THE CITY COUNCIL �kESH0 NO. 9 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.23, Subdivision 6 (B) and 10.03, Subdivision 9 (D) to permit the construction of a detached accessory garage structure located 7' from the street lot lift y4tere a 50' 5"et setbeek . _. . aired, and located nearer-the street 'lot Bile than the principal residence structure on the property where no accessory structures are normally allowed, subject to the following conditions: 1. The garage shall be limited to 12'x15', one story in height, and shall meet the required 26' wetland setback and a 7' front setback. The requested wetland setback variance is hereby specifically denied. The garage door shall face to the side, and per applicant's proposal, shall not have a driveway leading from West Ferndale Road to the garage door. 2. Authorities granted by this variance run with the property not with the applicant, but are 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 (October 13, 1998). 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 applicant has read, understood and hereby agrees 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. 5. This variance approval shall not be effective until such time that applicant has provided to the City adequate evidence that the separate tax parcel on which the subject garage will be located has been legally combined with applicant's homestead tax parcel at 980 West Ferndale Road. Page 3 of 6 / 0 -- 0 - CITY \OCITY of ORONO RESOLUTION OF6Ijfly COUNCIL �kESHOg' NO. ''wv 7 Adopted by the Orono City Council on this 13th day of October, 1997. algin, City Clerk Gabri Jabbour, May i Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of October, 1997, by Gabriel Jabbour & Darothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. YMf. JAMIE L.GEMAR Notary!Public MINNESO • FHOWN COUNTY TA mVcamffww'LE*ms Jan.31 f 2000 �fM} Page 4 of 6 �O O I' CITY of ORONO ti O� RESOLUTION OF THE CITY COUNCIL SH0 NO. 3977 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of _ , 199'_ before me a Notary Public within and for said county,personally appearedA , known to me to be the persons) described in`and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. •» JAMIE L GBW NOTARY KML C4MNNE8= 9.»..•'• My CommiWm Wo M.31,20M NOTA Y PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_ 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 Page 5 of 6 EXHIBIT A RESOLUTION NO. 3977 :aga2Description A. '40.o`the following described tract: Lot 24, CQuntry Club Estates,Hennepin County, *hx4i3sota, according to the plot thereof on dile br of record.in the office of.the Registrar of Titles in and for said Counf y. except that part of said ladescdbed-as follows: Commencing• at the most Southerly comeF of said Lot 24,thence Northwesterly along ft$outhwesterilfs" of-said Lot a distance of 28,6-foe, deft efing to the It*at an,ar►gle�o� 89.4egrees and %R hates to the north line.-of said Lot 24;.thence E" along'the North lk'--of said Lot to the most Witherty comer of Loi 23 in said Cour try.Club Estates,'Hennepin County; Minriesota; thence 56uthWes*dy along the iti a between sOid.tots 23 and.24 to the poinxv ' beghining, which.Kos.Southt*'(if a Arse=drawn.-from..a po'doh the.West line of ald Liit-distsant 2015 Det.South df that t`Iortl'iwrest�comer of said;lot, through a porn on the Southeasterllr We of ��•it::t_ct 6ont 300 feet Southwesterly,of the Northeasterly comet of said tot: (Tormns PtoOrty) _ ... C. Lot-4, Notch"Shore Coftage Acres, Lake Minnetonka. except that part-described as foliRws; Cgmmdn*..g at:the Northeast comer of said Lot 4; thence South along'the East,firtethwfsof 4$7, t;��gtence iNeSteriy at an angle of 88 degrees 30 minutes to the rigt►t, tca a pa(ifnt in the WestaityAhe of said Lot 4; thwic e.Northerly aloho the Westerly It"of said Lot-4.104M host Easterly corner of Lot S of said Addltfom the tWe Norihwjsftrty&tong qWd W". Q sid Lot 4 to.the most Westerly corner of said:tot.4; thence Northeasterly a nrgf} rtltelrthwesteliy lire of said Lot 4 to the most Northerly corner of said.Lot 4; thence Southeasterly s1ong the Modherly line of.said Lot 4 to point of beginning.. I/. Also thele ort of hot 5, North Shore.-Cottage Acres.descnW as follows: 8eg1nr4nV A- he Southa*st comerof said.Lot 5';thence along the South line of s*1d Lot-in a f�bA�,;, oirectipsl;16"a,,1ioint'90 feet ftom said place of beeginning,' hem' in�l+k�rth�ieste�` a,- AiIirr.on a sbv*ht tine to a poinf.on said East Lot.line,g8.1 feet Nort;it:of the Southeast corner of Heid Lot; thence South along the East firm.of said Lot to the piaCe of.b6ginnft. .. r RESOLUTION # 3 7 7 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a 1997etmand ofsaid the same is aotruel e ld on and correct October 13 copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 14_ day of October , 19 97 "YM. , City Clerk s t 3t` rn t( t 1703 : 99 REC FEE COPY FEE 5JAN991C. 32 277.7g99 Vit_ 50 CE:T C? _5 PM 12: 32 .7032999 �.CT,G.cc.roc.