HomeMy WebLinkAboutResolution 1877 ;_ .
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• ' '/�. RESOLUTION OF THE CITY COUNCiL
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,; � NO. 1877
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A RESOLIITION GRANTING
A VARIANCE TO
MIINICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 13
AND SECTION 10.03, SIIBDIVISION 15 (F)
FILE #971
� WHEREAS , Mark S. Wasserman (hereinafter "the
applicant" ) is the owner of the property located at 1045 Linden
Lane within the City of Orono (hereinafter "City") and legally
described as follows:
(per Exhibit "A" attached) (hereinafter "property"); and
WHEREAS, the appiicant has applied to the City for a
variance to Municipal Zoning Code Sections 10.03, Subdivision 13
and 10.03, Subdivision 15 (F) to permit the construction of a new
foundation under an existing non-conforming garage which is
• lo�ated 5.6 feet from the side Iot line where a 10 foat setback
is normally required and which is located 12 feet from the front
(or street) Iot Iine where a 35 foot setback is normally re-
quired.
NOW, THEREFORE, BE IT RESOL�ED by the City Cour_ci 1 of
Orono, Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #971.
2. The property is Iocated in the LR-1B SingZe Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on October 21, 1985, and recommended approval of the pro--
posed variances based upon the following findings:
A) The existing garage has a failing foundation which
may become hazardous if not repaired or replaced.
B) Placement of the garage to meet the 35 foot street
setback would require a very steep and potentially
unsafe driveway due to the elevation of the road above
� the property.
C) Placement of the garage to the south in order to
meet the 10' side setback would encroach into the
iimited driveway leading to parking area downhill from
the garage. '
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D) Linden Lane i s a dead end street and i s not 1 ike ly
to become a through street based on the fully developed
surrounding properties.
E) Although the garage doors face the street, there is
room to park cars in front of the garage without
affecting traffic on Linden Lane.
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 ef£ect 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; wouid not merely serve as a
convenience to the applicant, but is necessary to alleviate
a demonstrable hardship or difficulty; is necessary to pre-
serve 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 the above findings, the Orono City Council
hereby grants a variance to the Municipal Zoning Code Sections
10.03, Subdivision 13 and 10.03, Subdivision 15 (F) to permit the
construction of a new foundation under an existing non-conforming
garage iocated 12 feet from the street lot Iine where a 35 foot
setback is normal Iy required and Iocated 5.6 feet from a side Iot '
iine where a 10 foot side setback is normally required, subject
to the foI Iowing conditions:
l. Applicant is advised that the garage has been and will
continue to be considered as a non-conforming structure and
is subject to the pertinent ordinances governing such
structures.
� 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 28, 1986 ) .
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3. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a viol.ation 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 here-
by 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 Orono City Council on this 28th day of
Octob r, 1985.
• ATT T:
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D r hy lin, City Clerk Mary C. u er, Mayor
(1 rope t Owner
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RESOLUTION #1877
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'' Lots 4 and 5; and that part of the Southwesterly half of vacated Linden Lane lying
, between the extensions across 3t of the North line of said Lot 4 and the South line of
said Lot 5; and That part of Lo:t 12, described as follows: Beginning at the Northwest
corner of Lot 12; thence East along the North line of said Lot 12 a distance of 185 �
feet to a point of intersection with a straight line drawn from a point on the South
line of Lot 10, 84 feet East along �said South line from the Southwest corner of said
Lot 10; thence Southerly along this last described line a distance of 52 feet; thence
West parallel with the North line of Lot 12 along a line hereinafter referred to as line
� "A" to a point on the West line of said Lot 1�; thenc� Northwesterly along said West
line of �.ot 12 to the place of beginning, including that part of Northeasterly 1/2 of
Linden Lane, vacated, lying between 'the extensions westward of the North line of said� �
Lot 12 and of the lin� above described and designated .as Line "A", all in °tLinden Beach",
according to the plat thereof on �file or•of record in the office of the Register of
Deeds in and for said Coun•ty. . • . . •
Lot 4, Block 1, Forest Lake Park, according to the plat thereof on file or of record
: i� the •office..of the Register of Deeds in and for said County of Hennepin, State of,
Minnesota.
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r�� bK� �d C�t o� ORONO �
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, ', RESOLUTION OF THE CITY COUNCIL
'� � , NO. 1877 �
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STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN ) � ,
On this �g� day of , 1985
�g�e
before me a Notary Public within and for said county, personally
appeared /Vf�� �, j,t)��s�� ,g��u�(,f),��E�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.
�:.m�o� .
� � MICHAEL P. GAFFRON
4�!���� NOTARYPUBLIC-MINNESOTA
• � �' HENNEPIN COUNTY NOTARY PUBLIC
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�� My Commission Exptres June 11,1987
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MY COMMISSI EXPIRES
STATE OF MINNESOTA ) .
)ss.
COUNTY OF HENNEPIN )
On this day of , 1985, 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
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MY COMMISSION EXPIRES
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