HomeMy WebLinkAboutResolution 1909 d Clt� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
�
� , NO. 1909
• ' • •
A RESOLIITION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.24, SIIBDIVISION 5 (B)
AND SECTION 10.22, SIIBDIVISION 2
FILE #1001
� WHEREAS, Charles Garrity (hereinafter "the applicant") is
the owner of the property located at 2701 Kelly Avenue within the City
� of Orono (hereinafter "City") and legally described as Lot l, Block 2
. Walters Port (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances
to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit
the construction of a new residence on property that contains approxi-
mately 26,800 s.f. in area instead of the required 43,560 s.f., to be
placed 10 feet from the street/side yard instead of the required 35
feet, and to permit a hardcover excess of 8� allowing a total of 38�
• in hardcover over the allowed level of 30� within the 250-500 foot
setback area per Section 10.22, Subdivision 2.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1001.
2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
. December 16, 1985, and recommended approval of the proposed
variances based upon the following findings:
A) The property has contained a residence since 1902.
B) Sewer and water are available and has been assessed and
paid.
C) Previous residence was located 15 feet from Walter Port
Road right-of-way.
` D) To relocate house further west in order to meet required
• side/street setback would result in the loss of several
mature trees.
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d C�t� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
� NO. 1909
• - • •
E) Excess in hardcover on the property is located in
setback zone furthest away from lakeshore.
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 variances to Municipal Zoning Code Sections 10.24, Subdivision
5 (B) and 10.22, Subdivision 2 to permit the construction of a princi-
pal structure on a lot that contains 26, 800 s.f. instead of the re-
quired 43,560 s.f. in area, located 10 feet from the side/street lot
line instead of the required 35 foot setback, and to approve an
excess of 8� in hardcover allowing a total of 38� hardcover over the
allowed level of 30$ within the 250-500' setback area.
� l. Applicant is placed on notice that additional hardcover
within the 75-250' setback area will not be approved based on the
8� excess approved within the 250-500' setback area.
2. Applicant is hereby advised that a future Council may not
approve setback or hardcover variances in consideration of the
total hardcover and current approved location of house on
property.
3. Authorities granted by these variances 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 Counci 1 approva l, or thi s variance wi 1 1 expire on
that date (January 13, 1987).
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�. Cit� o� ORONO
• RESOWTION OF THE CITY COUNCIL
�
� NO. 1909
• • • •
4. 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.
5. 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
Janu �y, 1986.
ATT �:
�
. '-� C.��-e-�e�--
D othy M alli , City Clerk Mary C Butler, Mayor
• Tim A ams, Acting Mayor
�,
(1) r t Own
� .
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S . C�t o� ORONO
•
�
� RESOLUTION OF THE CITY COUNCIL
� NO. 1909
• ' • •
STATE OF MINNESOTA )
) ss. '
COUNTY OF HENNEPIN )
On this /�°� day of �f,�Ni,c�-��'( _, 1986
before me a Notary Public within and for said county, personally �
appeared ���.; ��,.�,�-�J known to me to be ,
� the person(s ) described in and who executed the foregoing
instrument, and acknowledged that he (ttiey) executed the same as
his (their) free act and deed.
� ��,,,�.�..�,�°
�+�''"_ FFR�'��
HAE�Q GANNESpTA
�I11C �,�pUB��C" O�J�TY�,,,T� NOTARY PUBLIC
::�"��'"'� N�TEN�yEQ1E pG 5�une�rs'� :..�
� :�� �•M HomRdsslon ec-
'•���
���I� �p�
MY COMMISS ON EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 1986, 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
MY COMMISSION EXPIRES
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