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HomeMy WebLinkAbout#1316 Resolution 2664City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2664 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) AND SECTION 10.03, SUBDIVISION 9 {D) FILE 11316 WHEREAS, Gary Barr (hereinafter "the applicant"} is the owner of the property located at 3034 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"}; and . WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) and S_ection 10.03, Subdivision 9 (D} to permit the construction of a detached garage located 15' from the front lot line where a 30' setback is normally required, and located nearer the front lot line than the principal building on the property where no accessory structures are normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1316. 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on June 19, 1989, and recommended approval of the proposed variances based upon the following findings: A} The proposed ~arage location makes use of existing driveway areas and makes more efficient use of existing hardcover areas, which result in no need for hardcover variances. B} The proposed garage results in the need to remove only a limited number of existing trees, where other locations on the property would cause more tree removal. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2664 C) The topography of the lot is such that this location requires only minor -grading of the lakeshore property to accommodate the garage. D) The proposed garage is adequately screened from the street and from neighboring properties by existing vegetation. Furthermore, being at the end of a dead­ end street, the garage will have little impact on the neighboring properties. 4. 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 variances on the health, safety and welfare of the community. 5. The City Counci 1 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 variances 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.25, Subdivision 6 (B) and Section 10.03, Subdivision 9 (D) to permit the construction of a detached garage located nearer the front lot line than the principal building on the property, and located 15' from the front lot line where a 30' front setback is normally required, subject to the following conditions: 1. The garage shall not exceed 1,000 square feet of total floor area. 2. Applicant shall remove hardcover as proposed on the attached approved site plan to bring the final 75-250' ·hardcover below the 25% maximum. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2664 3. 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 (July 24, 1990). 4. 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. 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. · Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 24th day of July, 1989. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of July, 1989, by Edward Callhan & Dorothy M. Hallin, ·Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. My Page Commission Expires 3 of 4 • .. ;~r;/t::-:;:::·: ... '. .• . ~;:.:r.i:.·-©: ®:t!i.' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this before me appeared City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2664 ::fhi~f anrlo¥6id county, per;on~i~f the person(s) and instrument, and acknowledged that his (their) free act and deed. known to me to be who executed the foregoing he (they) executed the same as THERESA L NAAB NOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY Ill, GCllllllllllkll -.plrN N-92 STATE OF MINNESOTA) . ) ss. COUNTY OF HENNEPIN) MY COMMISSION EXPIRES On this ________ day of----------' 198, 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 foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES EXHIBIT A RESOLUTION NO. 2664 LEGAL DESCRIPTION: LOT 3, BLOCK 1, CASCO COVE, HENNEPIN COUNTY, MINNESOTA ;.