HomeMy WebLinkAboutResolution 3800 6690594
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RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 10.03, SUBDIVISION 14 (C), 10.22, SUBDIVISION 2
AND 10.25, SUBDIVISION 6 (B)
FILE NO. 2179
WHEREAS, Theresa A. Norsted (hereinafter "the applicant") is the owner of
the property located at 2811 Casco Point Road within the City of Orono (hereinafter "the
City") and legally described as follows:
Lot 122 and vacated Lakeshore Avenue, Spring Park, subject to 40 foot road
easement, (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Sections 10.03, Subdivision 14 (C), 10.22, Subdivision 2 and 10.25, Subdivision
6 (B) to permit construction of 22' x 26' detached garage to be located 18' from the street lot
he where a 30' setback is required; garage structure is to be located 2' from the side lot line
where a 10' side setback is required; structural coverage is proposed a 15.6% where 15% is
required by code; and a hardcover variance within the 75-250' setback area proposed at
2,373.45 s.f. or 28.5% where the code would allow 25%.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FIN'DEN GS
1. This application was reviewed as Zoning File #2179.
2. The property is located in the LR-1C Single Family Lakeshore Residential
Zoning District requiring one-half acre in area. The property consists of
13,747.5 s.f. or .3 acres.
3. The Orono Planning Commission reviewed this application on October 21, 1996
and recommended approval of the variances as amended based upon the
following unique findings or hardships:
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A. The property does not have a garage.
B. The proposed garage is located in the approximate footprint of a former
garage that was razed in the 1960's.
C. The applicant does not have an outdoor seating area at either grade or
upper level of lakeside of the residence.
D. The setback of the proposed detached garage would be consistent with
the pattern of development of the surrounding properties and immediately
adjacent properties.
E. The desire to save two mature trees within the street yard has determined
the location of the detached garage.
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 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 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Sections 10.03, Subdivision 14 (C), 10.22
Subdivision 2 and 10.25, Subdivision 6 (B) to permit the construction of a 22' x 26' detached
garage and two level 7' x 10'/z deck at the southwest corner of residence resulting in an
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excess of structural coverage of 88.4 s.f. or 0.6%, a hardcover variance of 295.95 s.f. or 3.5%,
a street setback variance for the detached garage of 12' or 40% and a side setback variance
for the detached garage of 8' or 80%. This approval is subject to the following conditions:
1. Upon application for a building permit, applicant shall provide an amended
J:ir v ey locating 22' x 26' garage and 7' x l v lz two ievel deck and access stair.
The 22' x 26' garage shall be served by an interior access stair to serve the
upper level.
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 (November 12, 1997).
3. 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.
4. The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of herself, her 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 12th day of November, 1996.
AT EST.,
orothy M. a City Clerk Edward J. Ca han, Jr., Mayor
r perty Owner (s)
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STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 12th day of
Ncvennber, 1996 L 7 'Edward Ca iahan, Jr. and Dorothy M. riallln, 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
?eNOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan.31,2000 \
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this P',-/s, day of 0ee',e. -e 199(, before me a Notary Public within
and for said county, personally appeared *A& A, A Le r-S te d, °in rn a r"N o P"i'
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.
CAROLE A.HASEMAN �
NOTARY PUE�"INNESOTA
HWEPIN COUNTY
- NOTARY PUBLIC
MY CommiSSlon Expires Jan.31,2n00
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
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RESOLUTION # JS 8 0 0
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 19 meetingand othatsaid
the same is a�truel held on
and correct
November 12
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 13th
day of November , 19�_•
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City Clerk
Dorothy M. a ,
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6690594
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24 JAN97 9:29 06697594 GOA; $16 00
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