The URL can be used to link to this page

Home My WebLink About#4141-variances - 1998 _ * , �/ � / � �� - �O � O�� ;; �:e _ - `�; CITY of ORONO , ,,,a �,, �� '�� RESOLUTION OF THE CITY COUNCiL \\9 4��'/ N O. 4 � �� ES� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONIIV'G CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 AND SECTION 10.56, SUBDIVISION 16 (C-1&2) FILE #2393 WHEREAS, Richard Kail and Carol Kail (hereinafter "the applicants") are o�tiners of the property located at 2917 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 108, Spring Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on July 20, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and `�IEREAS, the applicants have applied to the City for variances to Municipal Zonina Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (C-1&2) to permit construction of a 14'�0' garage in the 250-500' setback where 3,522 sq. ft. (39.4%) hardcover eYists and 3,610 sq. ft. (40.1%) is proposed where 2,697 sq. ft. (30%) is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2393. 2. The property is located in the LR-1C Zoning District, where 1/2 acre or 21,780 sq. ft. is the minimum lot area. The property consists of .206 acres or 8,990 sq. ft. 3. The Orono Planning Commission revie�ved this application on July 20, 1998, and recommended approval on a vote of 6 to 0. 4. The Planning Commission made the follo�ving findings of fact: Paae 1 of 4 � . / ,- O \ �/ �� O O��, � � ��,� - ��; C ITY of ORONO �- ' a ��; �,� G'�/ � RESOLUTION OF THE CITY COUNCIL �9�SH��/ NO. � �. � �. � A. The subject property does not meet lot area or lot width standards. The existing residence does not meet the side yard setback from the east property line. B. The lot provides driveway access to the adjacent lakeside property which is also owned by the applicants. C. The property currently does not have a garage. 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 hazazd or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping w�ith the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (C-1&2) to permit construction of a 14'x20' garage where hardcover exceeds the maximum allowed. A variance is required to increase from 39.4% to 40.1% in the 250-500' setback where 30% is allowed. Approval was subject to the following conditions: 1. The garaDe shall not exceed 14'x20' and shall be located 10 ft. from the rear and side property lines. 2. The e�cisting shed in the street yazd shall be removed. 3. The applicants and future owners are on notice that future requests to increase hardcover will not be favorably reviewed. Page 2 of 4 % , O� �' 11�'� - �;�O 0��, � �� _ `,, CITY of ORONO ,� �,;; ti � � �� G'�'�j' RESOLUTION OF THE CITY COUNCIL ��kESH�� NO. � � � � - �� 4. Authorities granted by this variance run with the property not with the applicants, 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 (August 10, 1999). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. : 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this lOth day of August, 1998. ATTEST: �� Linda S. Vee, City Clerk Gabri 1 Jabbour, May r ^(1iJ' Property wner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknow•ledged before me on this lOth day of August, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. -��_� � ,:� CAROLE A HASEMAN �� /'�� J � t�;�-•+��.."-� NOTARYPUBUC-MINNESOTA �J ��. ��`_�� ' �<.-��f4� HENNEPIN COUNTY �; �:'=�'° My Ccmmissicn Enpires dan.31,2000 Notary Public G'��.,�r� ,^' �� Page 3 of 4 � � . �_-=_ ,%Y', O,�. � �� 0 ��, - � �� C ITY o� ORONO I A S y� �I � ^I � �''� G'� ' RESOLUTION OF THE CITY COUNCIL \�9kESH�4��' NO. d �� G�- � �—� STATE OF MINNESOTA ) ) ss. COU�ITY OF HENNEPIN ) On this % h day of ,, -t- , 199 � before me a Notary Public within and for said county, personally appeared `nr�l Q�1 �,��'ra, lcno��n 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. �7 � , ;� CAROIE A.HASEMP.N ��,��, ��1 �,�/ +� `,�;-�,+�� NOTAAYPUBUC-MINh;ESOiA �.`;�`:��•:::;� HENNEFIN COUNTY � Notary Public �: �''�_:'="' MyCcrrmi�sicnExpir?sJ�n.31,20^0 t.i t.' , . _ c�..=�'^ ", ...,.:;::� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � On this j� day of�'� �� c� 199_ be�e me a Notary Public within an d f o r s a i d c o u n t y, p e r s o n a l l y a p p e a r C�t l known to me to be the person(s) describe in and who executed the foregoing instrument, an d acknowledged that he (they) executed the same as his (their) free act and deed. ,r�;�,��,�_.,;;.�_,--��: , _ q _ _t•.. � y �,f^k>,'�, GLORIa BLOMQUIST �``'a• ��RY PiJBLIC-�AINNESOTA ,•; �i-}, �e'�'`'.t ;� `'EP+1�VePIN COUNTY Notary Public u`s',�• �yly Cornm. Expires Jan.31,2000 >:�.� Page 4 of 4