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Home My WebLink AboutResolution 3329 . . , - � � 6166382 ,' � �1V' O . O CITY of ORONO r� ��=��`=� ,� RESOLUTION OF THE CITY COUNCIL � A► � �� ,�' ��, NO. �� ,. :� G �9x�x�¢�y . A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (C) (2) AND SECTION 10.03, SUBDIVISION 14 (D) FILE NO. 1863 i��iEREAS, Robert G. Luesse (hereinaiter "the applicant"} is the owner of the property located at 3249 Casco Circle within the City of Orono and legally described as follows: Lot 12, Spring Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has reapplied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C) (2) and Section 10.03, Subdivision 14 (D) to permit the construction of a 22' x 28' garage addition to an existing accessory structure located 2' 4" from the north side lot line where a 30' setback is required and a variance to the allowed area for an oversized accessory structure as accessory structure is proposed at 1,288.35 s.f. where only a 1,000 s.f. structure is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, • Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #1863. � 2. The prcperty is located in the LR-1� Lakeshare Resid�nt�al Zoning i?istrict requiring one-half acre or 21,780 s.f. in area. The property consists of approximately 15,893 s.f. 3. The Orono Planning Commission reviewed this application on September 20, 1993 and recommended approval of the amended variances based upon the following findings: A. The proposed garage addition to the accessory structure shall not encroach '"'�: further into the side yard than the existing structure. TRAIVSFER ENTERFp � A�i:0�PR9PERTr rnx&Pueuc R�coRp� O�T 14 1993 Page 1 of 5 � � rv c ur in ��v�v. B DEPUTY r�soos aa o�o I O � � CITY of ORONO O ;,� O ��"'=� ,� RESOLUTION ITY COUNCIL � �` ,�, A+ � �;,� �� _�� , NO. `�'' G �`9�ESH�g'� B. The adjacent neighbor to the north side of the subject property has already approved an addition to the accessory structure as long as it extends no closer to the shared lot line than the existing accessory structure. C. On December 14, 1992, Council approved Resolution No. 3213 that granted approval of the following variances for improvements to this property: 1) Section 10.03, Subdivision 14 (D) - Approved street setback variance for oversized accessory structure proposed at 19' instead of required 30'. 2) Section 10.03, Subdivision 14 (C) - Proposed structural improvements resulted in the need for a lot coverage variance proposed at 2,604.5 s.f. or 16.3% where only 2,384 s.f. or 15% is allowed. 3) Section 10.22, Subdivision 1 -Average lakeshore setback variance approved for a lakeside addition that will encroach approximately 15' in front of the average lakeshore setback line. 4) Sectian 10.22, Subdivision 2 -Hardcover variances were approved within the 75-250' setback area. Hardcover was proposed at 3,386 s.f. or 30.2% where only 2,800 s.f. or 25% is allowed. 4. The City Council fmds that Lhe conditions existing on this prcperty 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 5 Fam 5005 DhA da. .� � � o � � CITY of ORONO 0 ,�. � O ��-� � RESOLUTION OF TI� CITY COUNCIL �, � '=� �, :� � ,-, �, : NO. � r �,, ti, ��9 �G �ESTrI�4� 5. The City Council has considered this amended variance 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 findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.03, Subdivision 9 (C) (2) and Subdivision 14 (D) to permit construction of a 22' x 28' garage addition to an existing detached accessory structure, subject to the following conditions: 1. Construction of the 22' x 28' garage addition shall be subject to all requirements of the Uniform Building Code and Fire Code. 2. All other conditions set forth in Resolution No. 3213 governing the improvements and new construction for this property are once again referenced and adopted for this current renewal. 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 (September 27, 1994). 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 himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 Fana 5005 Difh Oiane r � , .� •� O� O ::��, O CITY of ORONO �� :�'�= RESOLUTION OF THE CITY COUNCIL � ��f�� } ��' NO. � �ti ,�� '� �,�iG kEsHog' Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of September, 1993. ATT i T: �� / . or thy M a lin, City Clerk ward J. Cal1a n, Jr., Mayor �'� v /\��'�-�� Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of September, 1993 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. � � � � , , �� l - Notary Public CAROLE A. HASEMAN � Nonwr Pus��uuvesor� HENNEPIN COUNTY MY COMh�ISSION EXPIRES&23fi8 Page 4 of 5 Fam 5005 Disk Orano ,. � � o � � CITY of ORONO O ��,,� � � �� RESOLUTION OF THE CITY COUNCIL ,� � � �. �, �, ��, , .,�, r�', � .�� , NO. r.a �� Y � '�,�9 �G, �'E8H�4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this a �� day of ,S'e,p�err�/>-t•� , 199 3 before me a Notary Public within and for said county,perso llna y appeared �a b��t C' ,Lfi e ss� ,-y��r 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 (their) free act and deed. ; LINDA S. VEE 2. C�� . v�� NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY NOT Y PUBLIC � My commisslon expires &12-98 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_ be€ore me a Notary Public within and for said counry,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 5 ►��» r� � � RESOLUTION # �� c� �' '� � � , STATE OF MINNESOTA ) ) COUNTY OF HENtdEPIN ) ) CITY OF ORONO ) I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin County , ��linnesota , do hereby certify that I have compared the foregoing copy cf a resolution of the City Council of the City of Orono witn zhe original record of such resoiution in the Mir,utes oi the proceedings of said City Council at a meeting of said City Council held on September_27 , 19 93 � and tnat the same is a true and correct copy of sai'd resoluticn was duly adopted by said City Council at said meeting . 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