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Home My WebLink About#3800 - variances - 1996 •� � I O� /O O , � � �-� - , � � CITY of ORONO � tir \\�'C� p~'% RESOLUTION OF THE CITY COUNCIL \9kESH�4��/ NO. �� :; � ��ji � �__� A RESOLUTION GRANTIIVG VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 14 (C), 10.22, SUBDTVISION 2 AND 10.25, SUBDIVISION 6 (B) FILE NO. 2179 WHEREAS, Theresa A. Norsted (hereinafter "the applicant") is the owner of the property located at 2811 Casco Point Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 122 and vacated Lakeshore Avenue, Spring Park, sL.bject to 40 foot road easement, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for ��ariances to Municipal Zoning Code Sections 10.03, Subdivision 14 (C), 10.22, Subdivision 2 �.nd 10.25, Subdivision 6 (B) to pernut construction of 22' x 26' detached garage to be located 18' from the street lot line where a 30' setback is required; garage structure is to be located 2' from the side lot line where a 10' side setback is required; structural coverage is proposed a 15.6% where 15% is required by code; and a hardcover variance within the 75-250' setb�ick area proposed at 2,373.45 s.f. or 28.5% where the code would allow 25%. NOW, THEREFORE, BE IT RESOLVED by the Ci ty Council of Orono, Minnesota: FINDINGS � 1. This application was reviewed as Zoning File #2179. 2. The property is located in the LR-1C Single Family l�akeshore Residential Zoning District requiring one-half acre in area. The property consists of 13,747.5 s.f. or .3 acres. 3. The Orono Planning Commission reviewed this application on October 21, 1996 and recommended approval of the variances as amended based upon the following unique findings or hardships: Page 1 of 4 s �. 7 O I O O \ �a _- �C CITY of ORONO � � �; ti � �� '�' RESOLUTION OF THE CITY COUNCIL �9kESH04� NO. e� uf�', � � _ A. The property does not have a garage. B. The proposed garage is located in the approximate footprint of a former garage that was razed in the 1960's. C. The applicant does not have an outdoor seating area at either arade or upper level of lakeside of the residence. y D. The setback of the proposed detached gara�e would be consistent with the pattern of development of the surrounding properties and immediately adjacent properties. E. The desire to save two mature trees within the street yard has determined the location of the detached garage. 4. The City Council finds that the conditions existin� 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, lijht, air nor pose a fire hazard or other dan�er 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 rijht 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 Al�'D CO\TDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to n�lunicipal Zoning Code Sections 10.03, Subdivision 14 (C), 10.22 Subdivision 2 and 10.25, Subdivision 6 (B) to permit the construction of a 22' x 26' detached garage and two level 7' x 10'/z' deck at the southwest corner of residence resulting in an Paje 2 of 4 �o � � 0 0 � ' CITY of t)RONO �,, _ � 6_- I � ��' �\�� p'�� RESOLUTION OF TH��E CITY COUNCIL ��`q�f' Og'� N O. `e� �`' '" �,� �, ESH � �_�— excess of structural coverage of 88.4 s.f. or 0.6%, a hardcover variance of 295.95 s.f. or 3.5%, a street setback variance for the detached garage of 12' or 40% an3 a side setback variance for the detached garage of 8' or 80%. This approval is subject to the following conditions: 1. Upon application for a building permit, applicant sr�all provide an amended survey locating 22' x 26' garage and 7' x 10'/z' two le��el deck and access stair. The 22' x 26' garage shall be served by an interior access stair to serve the upper level. 2. Authorities granted by this variance run with the proper�:y not with the applicant, but are permissive only and must be exercised by �.pplication for a building permit within one year of the date of Council apprcval, or this variance will expire on that date (November 12, 1997). 3. 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. 4. The undersigned applicant has read, understood and h�;reby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in �:he Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 12th day of November, 1996. ATT ST: . /' � �v orothy M. al in, City Clerk Edward J. C ah�n, Jr., Mayor /- � � � � , � ��;%� .� / �j% � � ��, ��'ljroperty Owner (s) Page 3 of 4 �o � � 0 0�,, � �-b� - , � ��i CITY of ORONO ti;,, ��t G'�/ RESOLUTION OF THE CITY COUNCIL � �'� � \ �kEsH�4' NO. 3 �, .�, � ,� �;�� -- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of November, 1996 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. CAROLE A.HASEMAN �' a�� NOTAAY PUBUC-MINNESOTA / ,� '� ,,,� : HENNEPIN COUNTY ( �) �.r .<- (��- , C��i . .�_,„%E�f?<��__.-' '-��• My Commission Expires Jan.31,2�C0 � - Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /;�� day of � !,-;-�,>�;;�� =, , 199�� before me a Notary Public within and for said county, personally appeared j{-; > ,-� � � �� _ f,�. - ,��:"/�-,� ; r;�;-��r^r��-�, 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. �: �;' CAROIE A.HASEMAN �' / � ��/ .,•, , NOTARYPUBUC-MINNESOTA � --(L'��'r�_ " � • ��L�-'�l,'�', �"'`, ��' HENNEPIN COUNTY � • My Commission Ex ires � NOTARY PUBLIC P J�n 3, ;�. i'. :,:;�.e��..t�T,j��..„�..�i` STATE OF MINNESOTA ) ) ss. COLTNTY OF HENNEPIN ) On this day of , 199_ 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 foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4