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HomeMy WebLinkAboutResolution 3805 �y � � '� I � O� • O O �b. � CITY of ORONO � � � ti ��L �G'�' RESOLUTION OF THE CITY COUNCIL . . �kESH�S�`' NO. e`� � o � � .. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) FILE NO. 2188 WHEREAS, Mary K. Rice (hereinafter "the applicant") is the owner of the property located at 1570 North Arm Drive within the City of Orono (hereinafter "the City") and legally described as follows: refer to Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to pernut the construction of a 14' x 20' single stall garage addition with upper level deck to be located 33' from the street lot line where a • 35' setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #2188. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District requiring one acre in area. 3. The Orono Planning Commission reviewed this application on November 18, 1996 and recommended unanimous approval of the proposed variance based upon the following unique findings� and hardships: A. The property does not have a garage. B. The traveled portion of the County road is located 20' from the west street lot line of the�property. • Page 1 of 4 � �� � O O ��b. - CITY of ORONO ,� , � . ti ��L �G'�' RESOLUTION OF THE CITY COUNCIL � �kESH�S�`' NO. � �, �,�_ � C. The 6,883 s.f. lot is subject to one acre zoning standards. D. The proposed improvements require no structural coverage or hardcover variances as follows: - Stxuctural coverage is proposed at 964 s.f. (allowed = 1,500 s.f.). - Hardcover within 250-500' setback area is proposed at 1,768 s.f. or 25.6% (allowed = 30%). E. The City has received no comments from the property owners notified of the proposed improvement. 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 traf�ic 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 a street setback variance per Municipal Zoning Code Section 10.24, Subdivision 5 (B) of 2' or 5.7% to pernut construction of a 14' x 20' single stall garage addition with upper level deck, subject to the following conditions: 1. Authorities ganted 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 25, 1997). Page 2 of 4 � :, . � O� • O O �e. - CITY of ORONO � � � ti ��L ��,'�' RESOLUTION OF THE CITY COUNCIL � �kESHOg' NO. — c`� O ,.f"�--� 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 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 25th day of November, 1996. , A EST: � � • , , Dorothy lin, City Clerk Edward J. Ca11 an, r., Mayor � �n � vC Property er (s) STATE OF MINNESOTA ) ) ss. ' COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before �me on this 25th day of . November, 1996 by Edward J. Callahan, Jr. 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. o =�•. JAMIE L.BOSMA `�` NOTARY PUBLIC-MINNESOTA NO ry ublic � •• ' HENNEPIN COUNTY '���.�•°� My Commission ExpiresJan.31,2000 • � Page 3 of 4 � o� � o 0 �b� - CITY of ORONO � � ti � �'�' RESOLUTION OF THE CITY COUNCIL � ��kESH�g'� NO. e� � O 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � On this � day of , 199 `7 ,before me a Notary Public within and for said County,person 1 appeared ' known to me to be the person(s' scribed in and who e cuted the fore oing in ment, and acknowledged that he (they) executecl the same as his (their) free act and deed. �:° . JAMIE l.BOSMA �"'� ' Y` NOTARY PUBLIC-MINNESOTA Notary Pub'i ' •• •' ' HEN�EPIN COUNTY '�.w��•°• My Commission Expires Jan.31,2000 ,;.;a; , ,,._,.�,,,,._.�. �r.^� ...�,e ' 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 4 of 4 � � � o� � o 0 ��b. - CITY of ORONO � � � . ��L �G'�'� RESOLUTION OF THE CITY COUNCIL � � 9kESH��' NO. e� � o .�a Exhibit A LEGAL DESCRIPTION Ali that part of the North 80 feet of Lot 13, Hickory Hill, which lies east of the west line of Section 8, Township 117 North, Range 23 West of the Fifth Principal Meridian; and The North 80 feet of all that part of Lot 13 in Hickory Hill - lying between the Easterly line of Government Lot 5, Section 7, Township 117, Range 23, said Hennepin County, � Minnesota, and the center line of the County Road as now opened and traveled near the East line of said Section 7, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for said Hennepin County. , • . .