HomeMy WebLinkAboutResolution 3305 � °� .
O :. . O CITY of ORO1'�TO
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A RESOLUTION GRANTING
VARIANCES TO
MUNICII'AL ZONING CODE . .
� SECTIONS 10.03, SUBDIVISION 9 (E);
' 10.03, SUBDIVISION 12; 10.22, SUBDIVISION 2;
AND 10.03, SUBDIVISION 14 (C)
FILE #1837
WI�REAS, Cindy J. Fredrickson (hereinafter "the applicant") is owner of the
property located at 1516 Long Lake Blvd. within the City of Orono (hereinafter "City") and
legally described as follows: .
� Lot 5, Albee's Long Lake, Hennepin County, Minnesota, (hereinafter "the property");
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WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Sections 10.03, Subdivision 9 (E); 10.03, Subdivision 12; 10.03, Subdivision 14
(C); and 10.22, Subdivision 2 to permit construction of a 24'x32' detached garage within the
rear yard of the property to be located 2' from�the east lot line.and 4' from the rear lot line
where a 15' setback is required. The structure will be located 8' from the principal structure
instead of the required 10'. The addition of 768 s.f. of additional structure will result in an
excess of total lot coverage of 4.2%. Total structural coverage is at 19.9% where 15.7% exists
and where 15% is allowed and existing and proposed hardcover improvements on the property .
result in 3,894.52 s.f. or 45.39% hardcover within the 250-500' setback area where only 2,574
s.f. or 30% is allowed and where 4,164.9 s.f. or 48.5% exists. �
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: .
FINDINGS
1. This application was reviewed as Zoning File #1837.
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2. The property is located in the LR-lA, Zoning District requiring 87,120 s.f. or 2
acres'. The properry consists of 9,727 s.f. or .223 acres.
3. The Orono Planning Commission reviewed this application on June 21, 1993, and
recommended approval of the variances as proposed based upon the following �
fmdings and hardships: � �
A. The lot is less than a quarter of an acre in area and subject to 2 acre
' zoning standards.
B. The properry located within the shoreland area of the City has a septic
system that conforms to the 3' required separation from seasonal water
table to bottom of trench. �
• C. The proposed garage although located within a substandard setback will
be located further away from the side and rear lot lines than the existing
structure.
D. The City has received no negative comments from the neighbors notified
of the proposed improvement. , �
E. The overall improvements will result in a decrease in hardcover of 270.4
. s.f. or 3.1%. �
F. Visual impact of the 12'/2' high structure will be minimized because of the
location of a 6-7' high privacy fence and the fact that structure will be cut
into the higher elevations of the rear yard. �
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 traffic'conditions, light, air nor
. pose a fire hazard or other danger to neighborin; 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
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O :. . O CITY of ORONO
• � ,;�=� RE$OI�UTION OF THE CITY COUNCIL
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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 communiry.
� CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above fmdings, the Orono City Council hereby
grants variances to Municipal Zoning Code Sections noted above to permit the construction of
a 24'x32' detached garage located 2' from the east lot line and requiring a 13' or 87% variance,
structure will be placed 4' from north line requiring an 11' or 73% variance, structure will be
placed 8' from principal structure requiring a 2' or 20% variance. The addition of 768 s.f. of .
• structural coverage results in a 4.9 lot coverage variance and the installation of the detached
garage results in hardcover variance within the 250-500' setback area of 15.3%. Approval is
subject to the following conditions:
1. Existing storage shed on blocks in rear yard shall be removed prior to the final
inspection for the new detached garage. .
2. All other hardcover improvements scheduled for removal must be completed prior
to the footing inspection for the new construction.
3. Based on the substandard setbacks proposed for garage, special firewall
construction shall be required along the east, south and north side of the
structure.
. 3. 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.(July 12, 1994). � . �
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4. 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.
5: 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 Orono City Council on this 12th day of July, 1993.
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• orothy M. a , City� lerk Edward J. C 11ah n, Jr., Mayor
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Property wner(s) . . �
STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN ) '
The foregoing instrument was acknowledged before me on this 12th day of 7uly,
1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City. . � . . .
CAFiQLE A. HASEMAN �
. NoTAAY PUBLK'.-MiNNESOTA N0�3I� P11bI1C .
r� �' HENNEPIN COi1NTY
. . 7SY CC7,.....,,,,..^,�C•XPIR�S 0-23-5(3 �
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� O� .
O :. O CITY of ORONO
� � ;��=� RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /o'Z �' day of , 199 3 before me a Notary '
Public within and for said county,perso ly appe ed ' �
/�,��,,�,�A;� ,�� known to me to be the person( 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.BOSMA ��
°"� ` NOTARY PUBLIGMINNESOTA
' �N�� NO PUBLIC �
• � • A�Y��res 12-19�97 .
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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