HomeMy WebLinkAboutResolution 1908 •1' . ''s���
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C�t� o� ORONO
• � RESOLUTION OF THE CITY COUNCIL
� NO. 1908
• � • • �
� A RESOLDTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
FILE #996
WHEREAS, James McNaughton (hereinafter "the applicant") is
the owner of the property located at 1800 Shadywood Road within �he
City of Orono (hereinafter "City") and legally described as follows:
Lot 21, Shadywood (hereinafter "property") ; and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 2 to .
permit the paving of a driveway and backup pad which will increase the
75-250' lakeshore hardcover to 36.4$, exceeding the 25� 75-250' hard-
cover normally allowed.
• NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #996.
� 2. The property is located in the LR-1C Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
December 16, 1985, and recommended approval of the proposed
variance based upon the following findings:
A) This property was granted lot area and lot width
variances per Resolution #1718-A on January 14, 1985. No
other variances were granted at that time, and the condi-
tions of Resolution #1718-A specifically noted that all
improvements must meet City requirements, and that the hard-
cover must not exceed 2,280 square feet (25�) in the 75-250'
setback zone. .
B) Upon approval of the building permit for construction of
a residence on the property, staff noted the recalculation
of lot area by the surveyor which would allow 2,444 square
• feet of hardcover in the 75-250' setback zone.
C) The house was constructed, and gravel driveway was
installed in excess of the hardcover limits by the builder,
Excelsior Design, . prior to applicant's purchase of the
property.
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• � RESOLUTION OF THE CITY COUNCIL
� NO. 1908
• - • •
D) The applicant's claim that the "grass paver" mono-slabs
proposed by the builder are not suitable for Minnesota's
severe climatic extremes, and will suffer frost heave and
plow disturbance, is a valid claim to the extent that
failure of such a system would potentially cause damage to
applicant's vehicles. In addition, the permeability of the
"grass pavers" has not been demonstrated under continuous
usage conditions.
E) Applicant has a valid hardship from a safety standpoint
in requesting he be allowed to have a backup pad so he does
not have to back out onto County Road 19.
F ) The requested 75-250 ' hardcover of 36. 4 � is not
exceptional but is similar to many other properties along
Shadywood Road.
� 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 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 appli-
cant; 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 Section 10.22,
Subdivision 2 to permit the paving of a driveway and backup pad which
will increase the hardcover in the 75-250' setback zone to not more
than 35�, where only 25$ hardcover is normally allowed, subject to the
• following conditions:
l. The driveway, backup pad, house, and other hardcover in the
75-250' setback zone shall not exceed 3,421 s.f. or 35�.
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• � RESOLUTION OF THE CITY COUNCIL
'i(� NO. 19 0 8
• � • •
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 (January 13, 1987). .
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 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 13th day of
January, 1986. �
�
�
ATT 'ST:
� . � �
C�, � ���'�c��—
. i
/D thy M. allin, City Clerk Mar C. tler, Mayor
T' Adams, A ting May r
e ' �.�--� � �
(1) Property wne �
• .
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• � RESOLUTION OF THE CITY COUNCIL . �
� NO. �_908
• - • •
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
S�' 1
On t h i s �� — d a y o f .�1,A-n,wa-��y , 19 8 6 _
before me a N tary Public within and for said county, personally
appe�red ��-� f'l/l��,Q„�C�Wa�1 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.
Nc
EL P' GMjNNEO A
e�°`p0..°..'�e MoCARAp�suc c�V�-�Y NOTARY PUBLIC
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MY COMMIS ION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this ��b��j day of U�c��Q � t/ , 1986, before me
a Not ry Public/��th�j'/n a d r aid ounty, personally appeared
��.✓r�-,�� Ormof�S,��_i��a/� , y known to me to be the
person(s) described in and who ex uted the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
�
� �NE�.►A�IN _ �
���g�1N����A N . ARY PUBLIC
�
HENN��es SeO�5�1990 * �
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• MY COMMI SION EXPIRES
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