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Home My WebLink AboutResolution 1879 t . • I� r,/...�'.�,.'t:' ' . .�: � d � Cit o� ORONO � ,.�� • ` ��`� '� . � '�� ' RESOWTION OF THE CITY COUNCIL °`t 1879 � NO. � ' • ,• . fi A RESOI,UTION GRAAITIIdG A VARIANCE TO MIINICIPAL ZONING CODE � SECTION 10.03, SIIBDIVISION 9(A) - FILE #978 - WHEREAS, Michael McEnany (hereinafter "the applicant" ) has • an interest in the property located adjacent to 2499 Kelly Avenue within the City of Orono (hereinafter "City" ) and legally described as follows: Outlot A, Kelly Cove (hereinafter "the property" ) ; and WAF.RF.AS� the applicant has applied to the City for a variance • to Municipal Zoning Code Section 10 . 03, Subdivision 9 (A) to permit the construction of a detached garage on Outlot A of the plat of Kelly Cove, �r. v:hich parcel no principal structure exists. 1�pW, THFR�FpR$ B$ IT RESOLVED by the Gity Counc:il of Orono, Minnesota: FINDINGS i. This application was reviewed as zoning file #978 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. � 3 . The plat of Kelly Cove was approved per Resolution 1621 on April 23, 1984. Condition #2 of that resolution stated: "Outlot A, Kelly Cove, may never be used for future residential construction, but shall remain as an open space area as density credit for existing duplex units on Lots, 1,2,3, & 4, Block 1, Relly Cove. Residential docks may never be construc�ed on the shoreline of Outlot A, Kelly Cove. " � The Council finds that this "open space" clause refers to the residential unit density limitation of four units, but does not preclude the construction of an accessory structure on � the site. 4 . The proposed garage meets all required setbacks for the LR-1B Zoning District. � Page ], of 5 . � a • , . . . ...r . , . . .. ..• , . . , M , • .� .. . . . . . . .. . . .. . .. � . ; � . , , - . . . �F,S-, � ` . h.. ' .. ' .. .. . � .� ` .. • ' . i. {. ' .., � . � • . . . w ,. . .. t- f. �i � . ' � , ). .. . . � � ' - . . .- . . , , t: � � � � . �. . � . , " - .w � ,� � . . .. . . , � � ? ...t ., • . . � , • � .�. � . . � , � . . �.� � 4 . , � � • - , . � � : �. C�t� o� ORONO - • � . RESOLUTION OF THE CITY COUNCIL i NO. 1879 • � • • 5 . For the entire plat of Kelly Cove, including Lots 1 thru 4 and Outlot A, the standard lakeshore hardcover limitations are not exceeded as a result of the proposed garage construction�. Existing hardcover in the 0-75 ' zone is 0�. Existing hardcover in the 75-250 ' zone is approximately 12, 750 square feet or 21�, with no change resulting from the garage construction. Existing hardcover in the 250 ' -500 ' zone is approximately 5125 square feet or 20$: Addition of the 528 square feet garage will increase this to 5653 square feet or 22$, where 30� is allowable. 6 . The proposed garage is screened from the traveled roadway of Kelley Avenue by numerous trees and shrubs. 7 . The proposed garage will be owned by the Navarre Cove Homeowners Association and is intended to be leased only to the owners of the 4 residential units on Lots 1 thru 4, and shall in part be used for storage of the Association' s grounds maintenance equipment. � 8 . Municipal Zoning Code Section 10. 32 which regulates Planned Residential Developments (PRD) does not prohibit the . construction of accessorystructureswithin a PRD. Section 10. 32 Subdivision 6 generally requires approval by the Council for the location of proposed buildings. � 9 . The garage in question is accessory to the four residential units within this PRD, hence it meets the intent of zoning code Section 10. 03 Subdivision 9 (A) . The intent of 10.03 9 (A) is to allow accessory structures only on properties where a resident occupies the property in order to oversee the use and maintenance of such accessory structures. . 10 . The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staf f, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 11. The City Eouncil finds that the conditions existing on this property are peculiar to it and do not apply generally to other property i.n this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to ineighboring property; would not merely serve as a convenience to the applicant, but is necessary to al�eviate 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 Comprehens.ive Plan of the City. Page 2- of 5 . . . .d c�t o� oRONo � • . � RESOLUTION OF THE CITY COUNCIL .� , �� NO. 1879 • ' • • , CONCLIISIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants . a variance to the Municipal Zoning Code Section 10.03, Subdivision 9 (A) to permit the construction of a detached garage on Outlot A of the plat of Kelly Cove subject to the . following condit°•ions: • 1. The garage shall be located per the survey with revision dated 10-11-85 by Coffin and Gronberg, Inc. which was filed with the application for a variance. 2. The garage is intended for the use only�of the residents of the Kelly Cove subdivision and the Navarre Cove Homeowners Association. • 3. The garage is not considered as a separate residential unit and may not be converted to a residential dwelling unit but shall be used for residential storage only. 4. The applicant and the Homeowners Association are placed on notice that the standard lakeshore setback, hardcover, and tree removal regulations of Zoning Code Section 10.22 apply to the Kelly Cove subdivision as an entire unit rather than to Lots 1 thru 4 or Outlot A separately. 5. A building permit for the garage will be issued only to the Navarre Cove Homeowner' sAssociation as "property owner" and their agent as "builder" , only upon receipt of a . � resolution of approval of the garage from said Association, signed by the members of said Association. 6. 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 ) . 7. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of � the zoning code, shallautomatically terminate any authority • granted herein, and shall be punishable as a misdemeanor. Page 3 of 5 . � • d Clt� o� ORONO • (�� RESOLUTION OF THE CITY COUNCIL �'�,""(�' NO. 18 7 9 � • - • • . , • , 8. 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 Orono City Council on this 28th day of October, 198 . � ATT ST: � . � thy M. llin, City Clerk Mary C. B er, Mayo � . �'l � Q�.O..0 t4 C (1) Proper y Owner . � ` Page 4 of 5 s � , y, � . r + . ♦ d � Ci.t o� ORONO � � 3' , ._ • (�� RESOLUTION OF THE CITY COUNCIL i(� . NO. 1879 e • • • STATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) , On thi s �`� day of D►/�►'►8�� , 19 8 5 before me a Notary Public within and for said county, personally appeared /��Z �, j/UIc-�N.A-iU y 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. S°:';�s�,,a � :��`:,�;,�;�_s � MrcH .� � NoraRAp�� P' GAF � � ��'� HE�n►EP��-^"NNes�N NOTARY PUBLIC Y Comm�ssio I N CO �TA ��Plres��V NT Y . 11.7967 ��'"^" � ��-�/� /9�8 -— --- . MY COMMIS ION EXPIRES STATE OF A4INNESOTA ) )ss. � � COUNTY OF HENNEPIN ) On this �i�f �' day of /l�Ol/��1� , 1985, before me a Notary Public within and for said County, personally appeared �,�� /f�f� known to me to be the person(s) described in and who executed the foregoinginstrume.nt, and acknowledged that he ( they ) executed the same as his (their) free act and deed. :'a�`�;.j.,,�. _ v��,`,.*` . ''�iei;,o��• ' IV/�C :� �: �,�� NEIVN ue��'MNNFR�N NOTARY PUBLIC MYCommiaslo�E Plre O�N�'yrA � . lgg� • ��`� �gg� MY COMMIS ION EXPIRES Page 5 of 5 � t ' . :; . _ , . � . -J � - - , � � _ � . • . ��f� � - � � C�t o� ORONO . ;. , 3' • RESOLUTION OF THE CITY COUNCIL . Q�' . � ��" NO. 1879 - • ' • • . STATE OF MINNESOTA ) . ) ss. , C,OUNTY OF HENNEPIN ) '`��Cv On thi s �� day of �� . �"� before me a Notary Public within and for said county, personally appeared J�,(�rv«T, ,�.iN.��y known to me to be the persor�(s) described in and who executed the foregoing � . instrument, and acknowledged that he (they) executed the same as � his (their) free act and deed. � �p�,, MICHAEL P. GAFFRON . t� �� NOTARYPUBLIC-MINNESOTA NOTARY PUBLIC ;�9,'� 4 • HENNEPIN COUNTY �... My Commission Exp�res June 11,1987 . . S�s 1� /�£37 . . MY COMMISSIO 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 foregoinginstrument, r and acknowledged that he (they) executed the same •as his (their) free act and deed. . NOTARY PUBLIC � � . . MY COMMISSION EXPIRES