HomeMy WebLinkAboutResolution 3337 \ ,
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A RESOLUTION GRANTING VARIANCES
TO MITNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 6 (B)
FILE NO. 1854
WHEREAS, Troy D. Anderson (hereinafter "the applicant") is the owner of the
property located at 1490 Long Lake Boulevard within the City of Orono and legally described
� as follows:
Lots 3 and 4, Albee's Long Lake Addition, Hennepin County, and That part of
Government Lot 1, Section 26, Township 118, Range 23, lying East of a line
� drawn parallel to and 675 feet East of, measured at right angles to, the West line
of said Section 26 and West of the extension south of the most Westerly line of
Lot 1, "Auditor's Subdivision Number 291, Hennepin County, Minnesota"
(hereinafter "the property"); and
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WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Sections 10.23, Subdivision 6 (B) to permit construction of a 26' x 26' attached
garage addition to be located to the north side of the residence to be placed 16' from the east _
side lot line where a 30' setback is required and 44' from the north rear lot line where a 50'
setback is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1854.
2. The property is located in the LR-lA Lakeshore Residential Zoning District
� requiring two acres in area. The property consists of approximately 32,000 s.f.
in area.
3. The Orono Planning Commission reviewed this application on September 20,
1993 and recommended approval of tfie proposed variances based upon the
following hardships and unique findings:
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� Form 5005 IXsk Orono
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A. The property has an unusual shape; house has been placed to the east side
of lot where building envelope is most restricted.
B . The properiy consists of 3/a of an acre and is subject to two acre zoning
standards.
C. If garage was moved further west to meet the 30' side setback, the
structure would block the major view windows of the north side of the
residence and a major portion of the screened porch.
D. The property is not currently served by a garage. '
E. There is not enough depth in the lot at the eastern portion of the property
to allow a garage addition to the rear and meet the required rear setback
for the zoning district.
• 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 traff'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 findings noted above, the Orono City Council
hereby grants variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit
the construction of a 26' x 26' garage addition to be installed at the north side of the existing
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residence to be located 44' from the east lot line requiring a 6' or 12% rear setback variance and '
' 16' from the side lot line requiring a 14' or 46.6% variance, subject to the following conditions:
1. Prior to the City issuing a building permit for construction of garage addition, the
applicant must complete the following:
a. Plantings of arborvitae along east side of residence and along north lot
line as shown on site plan included as Page 6 of this resolution.
b. Siding to be completed for second story expansion except for area behind
house where garage is to be attached.
c. New septic system to be installed. �
• 2. Septic test areas must be staked off and protected prior to applicant's removal of
existing access drive; the removal of the drive must be completed by November
20, 1993.� � :
3. Plantings are to be extended along east side of garage addition as shown on Page
6 of this resolution and to be installed no later than May 30, 1994.
4. Authorities granted by this resolution 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 11, 1994). �
� 5. 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.
� 6. 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. �'
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Adopted by the City Council of the City of Orono, Minnesota at a regular meeting �
held on the llth day of October, 1993.
A T T:
or y M. al , City Clerk Edward J. Cal an, Jr., Mayor '
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Prope Owner (s)
STATE OF MINNESOTA ) �
• ) ss. .
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this llth day of
October, 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. '
, U..Q��
� LINDA S. VEE Nota Public
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
� �� My commission expires 8-12-98
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. Fam 5005 a�pono
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• \� ,�.-� � RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this��ti day of (��a'F-���- , 199 3 before me a Notary Public within and for
said county, personally appeared %v-o� �. �nc�e�or, n�Grri 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.
•CAROLE A. HASEMAN � '�, _ I /
NOTARY PUBLK'.—MINNESOTA �N A-�ieJ � .^GJ�C.J.A4��1i�'!�t/
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HENNEPIN COUNTY NOTARY PUBLIC
MY CAM3AISSION EXPIqE3 8�23�98 ,
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STATE OF MINNESOTA )
)°ss. � a�.
COUNTY OF HENNEPIN )
On this�q�h day of b r , 199 3 before me a Notary Public within and for
said county, personally appeared � -¢- 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.
CAROLE A. HASEMAN �y�J � �,���
�7'�iY Pl1BLI�MiNNESOTA
% HENNEPIN COUNTY NOTARY PUBLIC
MY COMMISSION EXPIRES�,xi.p6
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Five pyramidal arborvitae evergreens are proposed as a buffer
immediately east of the applicants residence. The trees will ,. .
be between 8 ' and .10 ' tall when planted and could grow to 30 ' . ' •
� d a roximately 7' apart for a �ontinuous buffer.
�-' The trees will be plante pp
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