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Home My WebLink AboutResolution 3339 � .R _ • . � O� . • . O : p CITY of ORONO • �:r.-� RESOLUTION OF TI� CITY'COUNCIL � � �� ;�.:;.. � '� L a,� �' NO. � � � ti �� o4�G ESS A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 13, SUBDIVISION 14 (C) AND SUBDIVISION 15 (� AND � SECTION 10.22, SUBDIVISION 2 FILE NO. 1861 � WHEREAS, Jeffrey S. Leech (hereinafter "the applicant") is the owner of the property located at 720 North Arm Drive within the City of Orono and legally described as follows: refer to Exhibit A (hereinafter "the properry"); and � WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 13 and Subdivision 15 (F)to permit the installation of • a new foundation beneath a detached garage located 1' 7" from the street lot line where a 30' setback is required and where garage is located 1' 8" from side lot line where a 10' setback is required. There exists an excess of structural coverage of the properry which exists at 24.5% and is proposed at 23.2%. A variance to Section 10.22, Subdivision 2 is required as proposed improvement is located in the 75-250' setback area where 2,381 s.f. or 54.6%��is proposed and � where 25% is allowed and where 2,385 s.f. or 55% exists. . .- w ,�w .; NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1861. � 2. The property is located in the LR-1B Lakeshore Residential Zoning District . requiring 43,560 s.f. or one acre in area. The property consists of 8,010 s.f. or .18 acre in area. 3. The Orono Planning Commission reviewed this application on September 20, 1993 and recommended approval of the proposed variances based upon the following hardships and unique findings: • Page 1 of 6 , F�wos a�a�o�,o . . o � �' CITY� of ORONO O ,,.� O . : • �-�.=� RESOLUTION OF THE CITY COUNCIL . � ' �� , ��i. �� , NO. c3 e3 c � ti '��`9�f Og'�G . . ESII . A. The property consists of 8,010 s.f. and is subject to current one acre zoning standards. � B. The lot is 50' in width at the lakeside and to the south or street yard, the lot measures 40'. The garage could not be installed on the property with doors facing away from the street and provide a tumaround on property. C. . The access drive to the properry is a shared drive with property to the immediate north. D. There are steep sloping topographies at street side of lot. The floor of garage is located 6' - 7' higher than adjacent grassed yard. E. The foundation of the detached garage is in a serious state of disrepair and structure has not been in use for several years. • The 10' x� 11' shed to rear of structure shall be removed as a result of . F. these improvements. . 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 neighbori.ng 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 Ciry 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. . • Page 2 of 6 �. , � . Fam5005 DISkOAro � O � � � �' CITY of ORONO O ., O � • � � :e.=� RESOLUTION OF�TI� CITY COUNCIL r� ��'' ;� ,9.� � 6. � �? � . �; � �, � � ��, . NO. 6�i ��O �� Y ��9 �G . k'Es�og' 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 13, Subdivision � 14 (C) and Subdivision 15 (F) and Section 10.22, Subdivision 2 to permit the installation of a new foundation under an existing detached garage located 1' 7" from street lot line with a � � setback variance at 28' 3" or 83% and 1' 8" from side lot line with a side setback variance of 8' 2" or 82%, and excess of structural coverage at 657.5 s.f. or 8.2% and hardcover variance at 29.6%, subject to the following conditions: . 1. Applicant shall work with the Orono building staff to make any necessary grade . changes to provide positive drainage in conjunction with installation of new foundation of garage and paving improvements in street yard. 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 (October 11, 1994). � 2. Violation of or non-compliance with any of ttie terms and conditions of this resolution shall constitute .a violation of the zoning code, shall automatically � terminate any aut�ority 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 himself, his heirs, successors and assigns, � hereby agrees to the recording of this resolution in the Chain of Title of the ProPe�3'• . � Page 3 of 6 . � � ,3 � . . � � . . Fam5005INskdom i , . . � O� O , Q CITY of ORONO • `� ;��=� RESOLUTION OF Z'HE CITY COUNCIL � � ,� �� , N0. e� e3 � � ti ��, ti '��`q$ O,�'�iG � EsH Adopted by the City Council of the City of Orono, Mumesota at a regular meeting held on the llth day of October, 1993. A ST: Dor thy M a 'n, City Clerk dward J. Call an, Jr., Mayor � _ /�� Prop 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 Ciry. � � ` � � �� CAROI.E A. HASEMAN Notary Public NOTARY PUBLICr-Mq�IESOTA � HENNEPIN COUNTY MY COaAMIS310N F�(PIRES&2398 . • Page 4 of 6 � . , Fam50U5DiskOrono �� ^ . . � � ��' � ITY of ��RO O O . O . C N � • `� �e-� RESOLUTION OF THE CITY COUNCIL . � ��''.' ,�, p,� . � . ,�, � ., .�;� ti rro. 3 3 � � ti ��9� Og�G . E38 , � EXHIBIT A �xisting Legal nescription That part of Lot 3 , Auditor ' s Subdiviion Number 362, Hennepin County, Minnesota , lying North�rly of a straight line drawn through 2 points , ex- ,tending Northcasterly to the watcr line , 1 point being in the Southwesterly line of said Lot 3 , . 40 feet � Southerly, along said line , from thc • most WestPrly corner of. said Lot, the other .point being 50 feet distant at right angles Southeasterly from the Northwesterly line � of said Lot, measured from a point in the North- westerly line of said Lot' distant 172 . 6 feet Northeasterly measured along said line from th� mo�st, Weste•rly corner� of Lot, aacording t•o the � plat thereof on file or of record in the office . of the Registrar of Titles in and for said � County. •� Page 5 of 6 � ►o�soos a�aaa a . . . . . « . O� � � CITY of ORONO � O ., O . ��•=' . ' � RESOLUTION OF TI� CITY COUNCIL i ,� :.3 _: . �, , � � '�► Y �� ,�,�' N0. � c� �� Og�G .. Es8 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /�� day of a�,��2/ , 199�before me a Notary Public within and for said county,personally appeared �� ,�;u. 1 —L�e G�� , '�� known to me to be the per on(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 . _� � l/•,Q—� � . NOTARY PUBUC - MINNESOTA NO ARY PUBLIC HENNEPIN COUNTY , ��. My commission expires 8-12-98 � �, STATE OF MINNESOTA ) .ti . ) ss. . _ ... COUNTY OF HENNEPIN ) On this ?�r�( day of ��,f P�,b�r . , 199 3 before me a Nota,ry Public within and for said county,personally appeared ��,, S. �e� ,��v�r�'�l known to me to be the person(s) escribed 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 `� N07ARY PUBLI�MqJNESOTA NOTARY PUBLIC j HENNEPIN COUNTY . - MY COMMISSION EXpIRE3 623�98 Page 6 of 6 • . r«msoos a�ao�o