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Home My WebLink AboutResolution 1659 .� r� . { � , Q�� f�.��£, + • � R,oNo ��t � d s��: c�t o 0 _ � • �� `� r RESOLUTION OF THE CITY COUNCIL . � NO. 1659 � � • •` , � .,. ,. , � . GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBD. 6(B) AND SECTION 10.22 SIIBDIVISION 2, AND SECTION 10.03, SIIBD 13 - FILE #843 WHEREAS, Jeffrey Ulku (hereafter "the applicant" ) has an interest in the property located at 1416 Baldur Park Road within the City of Orono (hereafter "City" ) , and legally described as follows: Lot 11, Block l, Baldur Park (hereafter "property" ) , and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.25 Subd 6 (B) to allow construction of a new residenGe on a lot of area 10,100 square feet instead of the required 21,780 square feet area, with a lot width of 50 � feet instead of the required 100 feet lot width, and variance to Section 10 . 22 Subdivision 2 to allow 30 percent hardcover in the 75 ' -250 ' setback zone where 25 percent is allowed, and a variance to Section � 10 . 03 Subdivision 13- to allow construction of a garage with doors facing the street a distance of 12 feet from the property line instead of the required 30 feet. NOW, `�'�FRFFORE BE IT RESOLVED by the City Council of Orono, Minnesota: . Findings 1. This application was reviewed as. Zoning File No. 843. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. � 3. The Orono Planning Commission reviewed this application on July 16 , 1984 and recommended approval � of the proposed variance as amended based upon the following findings: a) There is no vacant land available to be combined ' with the property. , b) There is an existing structure connected to municipal sewer on the property. � c) Severe limitations for construction of �a house and • garage exist due to the limited lot area. R . '�:�' � 4. Construction of a garage meeting the required 30 ' streetsetback, or construction of an attached garage, would create the need for additionaldriveway hardcover which is undesirable. page 1 of 4 . _ � ' � � . �,�� • :r��; j �' ; d h�� Ci.tY of ORONO �7�� V • ``_�_ • ° � =':s` RESOLUTION OF THE CITY COUNCIL ' �` ` ' NO. 1659 � ' • • , 5. Construction of a garage with doors facing either side . property line would require a side setback variance and � would create the need for additional driveway hardcover. 6 . The current and anticipated amounts of traffic on Baldur Park Road are such that the proposed garage 12 feet from the street will not create a hazardous condition. 7. The proposed house meets all required setbacks of the LR-1C zoning district. 8. Applicant shall provide erosion protection measures � other than hay bales to eliminate any silt or sediments from entering the lake as a resul� of the construction. 9. The City Council has considered this application . including the findings and recommendations of the Planning Commission, reports by City�staff, comments by • the owner and the effect of the proposed variance on the health, safety and welfare of the community. 10 . 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 hazard or other danger to neighboring property; would not merely serve as a convenience to the owner, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the owner; 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 the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10 .25, Subd 6 (B) to allow construction of a new residence on a lot of area 10 ,100 square feet instead of the 21,780 sf area required, approve a lot width of 50 feet instead of the 100 foot lot width required, and a variance to Section 10 .22, Subd 2 to allow 30 percent hardcover (l, 912 sf ) in the 75 ' to 250 ' setback zone where 25 percent (1,588 sf) is allowed, and a • variance to Section 10 . 03 Subd 13 to allow construction of a garage with doors facing the street a distance of 12 feet from the property line instead of the required 30 feet, subject to the following conditions: l. No other variances are approved with this application. � page 2 of 4 � �3� • . , Cit� of ORONO • � - RESOLUTION OF THE CITY COUNCIL � .� . NO. 1659 � � ' • • 2. The total improvement of the property is limited to . 1,912 sf of hardcover or a 324 sf hardcover variance and the owner of the property is hereby advised that the � City will not approve any future improvements that result in additional hardcover and that if such improvementsare proposed that they be counter balanced with the removal of existing hardcover. 3. Main floor elevation of the house must be 932.5 ' MSL or higher. 4. The existing cabin must be removed prior to final construction of the new residence. A demolition permit is required. - 5. Authorities granted by this variance run with the property not with the owner, 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 August 13, 1985. • 6 . Violation of or noncompliance 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. 7 . The undersigned owner 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 to the property. Adopted by the Orono City Council on this 13th day of August, 1984 . ATT ST: " C ty Cle Mayor � �-�o��u� (1 roperty Owner • � � C�� ( Property Owner � �.��?�� ) Property Owner page 3 of 4 . . .• � . -.: : L� . -�. ,� °a�,; - � Clt� o� ORONO • � � .',� RESOLUTION OF THE CITY COUNCIL , � ' NO. 1659 • � • • � . STATE OF MINNESOTA ) ) ss . COUNTY OF IiENNEPIN ) On this �� day of �'1a-6-vZ5�' , 1984 , before me a Notary Public wi hin� an/d for sa d County, personally appeared --�o�� C, �L/ L-�� known to me to be the person (s) described in and who executed the foregoing instrument , and acknowledged that he (they) executed the s�ame as his (their) free act and deed . ' .:�:`'`"%:., MICHAEL P. GAFFRON �OTARY PUBLIC - , ;`�� `' NOTARY PUBLIC- . HENNEPIN CpU�yTYA � My Commtssion Expl�es,�une 11,19II7 a J(,fN�`� 8� B�"`""`":"°`"`� MY COMMISSI EXPIRES STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) � On th i s Z N� � � day of �PR�� , 198�, before me a Notary Public within and for said County, personally appeared �1�f�2�`/ �� /1 i-l��t 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 . � . n / . � NOT RY PUBLIC � :,�^�°�� MICHAEL P. GAFFRON�'• - � ��±� � NOTARY PUBLIC�-MINNESOTA • HENNEPIN COUMTY . J t,�n,� I�� I�� .�� MyCommissionExpires,lunell,ies� � MY COMMISSI N • c�c�^��v.+�aa,ac.e . . . 0 EXPIRES • ' . page 4 of 4 � � Certificate of Survey for Jeffrey D. Ulku of Lot 11, Block 1, Dalclur Park Hennepin County, Minnesota I hereby certify that this is a true and correct representation of a survey of the boundaries of Lot 11, Block 1, Baldur Park, the location of all existing buildings, if any, thereon, and the proposed location of a house, garage and gazebo. It does not purport to shov/ other improvements or encroachments. COFFIN & GRONBERG, Date : r-i'BS Scale: 1" = 40* 0 : Iron marker INC. TiarK s. Gronuerg KegrNo . iz/bb Gordon R.Coffin Reg.No. 6064 Engineers & Land Surveyors Long Lake, Minnesota