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Home My WebLink AboutResolution 3344 . ._ O ' � � � . CITY of ORONO � O Q • �`� :��=' . ' RESOLUTION OF TI� CITY.COUNCIL '�, ;. .��,� ,�,F' N0. a`� �» L�. �. G �9kESS�S�`'�' . ' A RESOLUTION GRANTING VARIANCES TO MLTNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 9 (D) AND SECTION 10.25, SUBDIVISION 6 (B) AND . SECTION 10.22, SUBDIVISION 2 . � FILE NO. 1873 ' WHEREAS, Jack Edwards (hereinafter "the applicant") is the owner of the , properry located at 1340 Rest Point Circle within the City of Orono and legally described as follows: . Lot 19, and the southwesterly half of Lot 8, also the northeasterly half of the vacated public access adjoining said Lot 9, Rest Point Park, Hennepin County, Minnesota" (hereinafter "the property");' and • WHEREAS, the applicant has made application to the City of Orono to permit the construction of a 12'/z' x 4' upper level garage addition and an 8' x 11' lower level storage addition to an existing accessory structure, the garage addition will be located 2' from the street line where a 10' setback is required and where a 2' 9" setback exists and the storage addition will be located 17' from the street lot line where a 30' setback is required, and where the comprehensive improvements will result in a decrease in hardcover.within the 0-75' setback area � at 124 s.f. or 1.8% where�4.99% exists and where none is allowed and within the 75-250' �s=� setback area hardcover is proposed at 5,068 s.f. or 36.8% where 40.4% exists and where 25% is allowed. � � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: . FINDINGS 1. This application was reviewed as Zoning File�#1873. 2. The properry is located in the LR-1B Lakeshore�Residential Zoning District requiring one acre in area. The property consists of 20,700 s.f. in area. • � Page 1 of 6 . . ' . . . Fam5005 DiskOrono O � � � � �' � � CITY of ORONO � O :,, � � O . � � RESOLUTION OF THE CITY COUNCIL • '� ' ';b�:� '�'' �'� � �,� .Y .� �ti N0. a� � . . G �9�Es8�g'� . ' 3. The Orono Planning Commission reviewed this application on September 20, 1993 and recommended approval of the variances as proposed based upon the following hardships or unique findings: A. The accessory structure has existed on the property for over 30 years prior � to current zoning standards. B . If the structure was to b.e moved to the south to meet the required street setback, steep elevations would require extensive filling. C. Both proposed additions to the accessory structure will meet the�required 10' side yard setback. D. The lot at 20,700 s.f. would �e allowed 15% lot coverage. The � applicant's unprovements are proposed at 2,557 s.f. or 12.3%. • E. The applicant proposes 138.4 s.f. of new structural hardcover and the . �removal of 720 s.f. of non-structural hardcover; over one-third of the hardcover removals are located within the 0-75' setback area. 4. The City Council has considered �this application�including the fmdings and � recoriiinendat'ions of the Planning Commission, reports by Ciry staff, comments � by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. 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 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 6 � � . . � FarmSWS DiskOtono O � � �' � � CITY of ORONO O :,, � � O • ��a�=� RESOLUTION OF TI� CITY COUNCIL � �. � � NO. e� � � 4�. � : .y'�'� ,�ti �� og�G ESII 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 10:03, Subdivision 9 (D), Section 10.25, Subdivision 6 (B) and Section 10.22, Subdivision 2 to permit additions to the existing accessory structure�requiring an 8' or 80% setback variance for the garage addition and a 13' or 43% setback variance for the storage addition and hardcover variances in the 75-250' sefback area proposed at 5,068 s.f. or 36.8%, subject to the following conditions: 1. Applicant shall complete certain grading improvements within the street rear yard in order to minimize erosion and eliminate flooding of lower basement at the time of the new construction. 2. All hardcover removals are shown on Page 6 of this resolution shall be completed � prior to the footing inspection for new construction. • • 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 (October 11, 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 6 - � . - . Fam5005 DiskMoro � �� . O :. O CITY of ORONO • �?�.=� RESOLUTION OF THE CITY COUNCIL ' � ��y, � , ''��,� ,��, NO. � � �.�. - ��k' Og'�'G ESII Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the llth day of October, 1993. A EST: . � o othy M. ' , City Clerk war J. al an, Jr., Mayor rop Owner s STA 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 Ciry of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ` `. ��. JAMIE L.BOSMA Not blic :�"' `` . NOTARY PUBLIC-MINNESOTA ' • ' HENNEPIN COUNTY , � a �•..�••• My Comm.Expires 12-19-97 • Page 4 of 6 . � � . � � . � . FamSWSaskOmno . o � � � � CITY of ORONO O :�, � � O . . �� RESOLUTION OF THE CITY COUNCIL : ; - � +� :�.:;�, .',� �„ �, ��- ��, NO. _ � � � � Y . '�l`9k' Og'�i�, EsK STATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) On this //'�-day of ��h�� , 199�before me a Notary Public within and for said county, personally appeared �J Q�,� �dcuards , s�,�q/e. � � known to me to be the person(s) described in and who executed e foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. . . ��.� �/.� � NOTARY PUBLIC • ' ' STATE OF MINNESOTA ) . � � � ) ss. .... ._ COUNTY OF HENNEPIN ) On this day of , 199_before 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 6 . r«msaos a�oa�o J � . Y ' ��.�. . ..ti. - , ' .. . . . CERTIFICtii'1= C�F SURVEY FOR � � � - JACK EL7WARDS IN LOTS 8, 9, AND�VACA7EU ALLEY, REST POINT PARK ' � � � HENNEPIN COUNTY, MINNESOTA � � . � . . . .�c�. � �.� , ,:� ��.: � � ��: � _ ,; , .� . . . . . , . , .�: ,: �� ., . . . � � . . .. . . , ., . i �� r ��}�� .�� . i � .v�, , �4 � � . �. � , . P� � • . �',Sk'�� ' • . .� ��,\ - . � . ''�a. �^`� .�d e • . .� - • 4 ' a'"' y o`�„J o" ��M'� �� } . . • ��r �� • \ O � � r ' �,��y"' >.,e �Na. . ��E� . . .\ T '��i5 � . i, . \ 1 ' ,. , � \ I`'L'/ N � G Q�,�a hi� �.�0�1 � �\� ,v �'� . _ � �t.'.� �� I/.� � �J ' �� G� o /��Sk�"9 �o�`'G 14V ' • , � ��/ ' � �• . . \ w+ ,`A s�X �� t �,,r �y �� • • � ? O :n r• M [�1� � ' Y: \ a 4_ � f t 0 �l �� ' ry_ Q''\ 1" � , �, .� ��. ' � • .. . . �� w� , .. . ' . •.ay .�1' `` ! . �y . 't'`�s'� iT�-'t rC .� . ." . . �1 �� S cV, t�� . � `{`��+, L 'Y 3`SC ..�: . . .. .. + . e!• ��. T� . ' . . ./� • � , . \ .f ..�,. .. .. J '. .r � •�~. w . , . 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