HomeMy WebLinkAboutResolution 2132 - ;
. , ' _a .
� Cit o� ORONO
d �
• .. .t3�� �.
•:. �..
' �'` �.� � RESOLUTION OF THE CITY COUNCIL
:,t�'ry ��;�:
"' - � NO. 213 2
• .��
:�
• - • �•
'��3'. A RESOLDTION GRANTING
A CONDITIONAL IISE PERMIT
AND A VARIANCE TO
MUPiICIPAL ZONING CODE
SECTION 10.20, SDBDIVISIOId 3 (I)
FILE �1059
WHEREAS, Michael Schafer (hereinafter "the applicant") is
the owner of the ,property located at 2259 Shadywood Road within the
City of Orono (hereinafter "City") and legally described as Lot l,
Block 2, Wiley's Park, Hennepin County, Minnesota (hereinafter
"property") ; and
WHEREAS, per Section 10.20, Subdivision 3 (I), the applicant
has made application to the City of Orono to permit a duplex use of
the existing residence and to grant a variance to that same Section to
permit a duplex use .630 feet from a commercial district rather than
the required 200 feet.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
• Minnesota: � �
FINDINGS
l. This application was reviewed as Zoning File #1059.
2. The property is located in the LR-iC Single Family Lakeshore
Residential Zoning District.
r
� 3. The property is approximately 7,324 s.f. or .17 acres in
area. '
4. The present structure was constructed approximately 45 years
ago prior to the formal adoption of City-wide standards for lot
size or lot width.
5. The structure contains 3,111. 2 s.f. of finished living area.
� 6. Prior to 1963 the structure contained a grocery store on the
first floor and residential apartment on the second floor..
7. From 1963 to 1976 the structure contained a dry cleaning
plant on the first floor and a residential apartment on the
second f loor.
• Page 1 of 7
� /
. fy
� � � Cit o� ORONO �
� �
• RESOLUTION OF THE CITY COUNCIL
;
� , NO. 2132
�. ,
• - • •
8. In 1976 the City issued a building permit to Margaret J.
Bjork to al low the first f loor to be converted to a non-rental
apartment allowing independent accesses to first and second
floors. The interior plans were never altered to insure a single
family use would be the primary use.
9. Since 1'976 Mrs. Bjork has resided in the first floor
apartment, and when members of her immediate family did not
occupy the second floor apartment, the apartment would be rented
to members of their church.
10. The current use of the property presents the following lot
inventory facts:
a) Hardcover breakdown -
Allowed Hardcover = 2,197 s.f. or 3�0$ (property is
located within 500 feet of the lake)
• Existing Hardcover = 4 ,404 s.f. or 60�
Hardcover Variance = 2,207 s.f. or 30�
. Off-site Hardcover = 4,200 s.f. - to support parking
needs - use of railroad right-of-way
b) Lot Area
Required = 21,780 s.f.
Existing = 7,324� s.f.
Variance = 14,456 s.f. or 66�
c) Lot Width
Required = 100 '
Existing = 100' at the rear of the front yard setback
line
Yard Setback Line = 128 .7 ' along street lot line
d) Setbacks of Principal Structure
Front/Street
� Required = 30 '
Existing = 0 '
Variance = 30 ' or 100�
Side
Required = 10 '
Existing = 6 '
Variance = 4 ' or 40�
•
Page 2 of 7
� • i,��•`".�j �.
` � "�V-��� Cit o� ORONO
�� � ����. �
• ..�; .
4�� ,J' � �'"i'��' R�SOLUTION OF THE CITY COUNCIL
� ��^y`' NO. 213 2
-� • �.,'�+�.
`�:* :3.�
• - • •''
..�
e) Setbacks of Accessory Structures
Side
Required = 10 '
Existing = 2.8 ' .
Variance = 7.2 '
11. At the Council meeting of October 13, 1986, staff was asked
to review �urrent status of property and to determine what
additional variances would be necessary to locate new garage,
determine a single, safe access , required landscaping
improvements and to present amended lot inventory facts. Council
was concerned with the overall effects of intensification of use
on this severally substandard property.
12. Staff has recommended to Council that all future improvements
must be contained within homestead lot with no dependence on
railroad right-of-way. Access had to be moved to the north if
access was to be within homestead lot. The detached garage is
• considered a hazardous structure and must be removed. The
limitations in area will require that a future garage be attached
and the 18 feet wide ground f loor storage area be converted to
either a 3 or 4 stall garage. Turnaround paved area adjacent to
garage must also serve as off-street parking. for residents'
guests. Entire gravel parking area within railroad right-of-way
removed and ground cover restored. Berming along street lot line
must define single approved access to site.
13� Lot inventory facts based� on staff recommendation for future
improvement of the property: ,
a) Hardcover Breakdown
Allowed Hardcover = 2,197 s.f. or 30$
Existing Hardcover = 4, 404 s.f. or 60$
Revised Hardcover = 3,995. 6 s.f. or 54�
Off-site Hardcover = 4,200 s.f.
Revised Off-site Hardcover - 0 s.f.
b) No setback variances required for attached garage at
rear of structure. The existing structure would extend 3
feet from rear of existing buildings.
c) Off-street parking area provided in turnaround area to
rear of garage.
• 14. The property is located 630 feet from a designated
commercial zone but the property is adjacent to a railroad track
and across the track from a non-conforming, commercial use, an
upholstering shop.
Page 3 of 7
. ,
J �r
� r���T �M 1r ���� o� ORONO
���� � ���+
• �...�A'C�y�'.�� r�•.
�._- RESOLUTION OF THE CITY COUNCIL
� �,,-.
`' �� N O. 213 2
ry_S N .
�' � , 1•
�3,;�.
• � �� .�
•j�;
15. In 1963 the property was assessed two residential sewer
units.
16. In 1971 the property was assessed two residential water
units.
17. There is no contiguous undeveloped land available for
applicant to acquire.
�
18. The current status of this property has made it impractical
and/or financially impossible to make improvements.
19. 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 properties ;
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.
20. The City Council finds that granting a conditional use
permit to allow the duplex use of the residential structure will
not be detrimental to the health, safety or general welfare of
the public, would not adversely affect light, air nor pose a fire
hazard or other danger to neighboring properties, nor will it
depreciate surrounding property values and that the proposed
level of use of the property will be in keeping with the intent
and objectives of the Zoning Code and Comprehensive Plan of the
. City.
� COIdCLDSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a variance to Municipal Zoning Code Section
10.20 , Subdivision 3 ( I ) and per that same Section grants a
conditional use permit for a duplex use to Michael Schafer, subject to
the fol lowing conditions:
1. The detached garage is a hazardous structure and must be
razed by _July 31, 1987 •
• Page 4 of 7
. �
' rN,
<, [
� � �r� ��`� �� Cit o� ORONO
� �
� ��.�-.
• � ��
� f��' RESOLUTION OF THE CITY COUNCI L
,c7. �, >�
', ..�.��5'
=`'`' '^;�"�;; N O. 213 2
� san'�:
• � �. . � r
..�r,:"%;.�:_. .
. 2. An access permit must be obtained from the Hennepin County
. Highway Department prior to installation. The new access must be
installed by July 15, 1987 The off-site, gravel parking area
on railroad right-of-way must be removed and ground cover
restored and on-site parking area to rear of structure installed
by Auqust 30 ,�1987. Berming along street lot line of property to
define single controlled access to County Road to be completed by
July 15, 1987 .
3. Applicant is advised that if a future garage is planned for
the property that it must be attached to rear per staf f sketch
approved by Council at their Fel'�rLarv 2,3 . 1987 meeting and made
part of this of f icial record. The City wi 11 grant no setback
variances for a future attached garage.
4. Applicant must bring structure into compliance with all code
• standards of the Uniform Building Code for a legal duplex.
Applicant' to commence code compliance review with the Orono
Building Department by May 30 , 1987 .
5. Authorities granted by this resolution 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 the special coditions of this
resolution will expire on that c�ate (February 23, 1988).
6. Violation of or non-compliance with any of the terms and
conditions of this resolution shall constitute a violation of the
, zoning code, shall automatical ly terminate any authority granted
herein, and shal 1 be punishable as a misdemeanor. .
7. � 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.
Page 5 of 7
• J
`. ...
� � � ,� ��� _., Cit� o� ORONO
• � . . .� .
� ��- RESOLUTION OF THE CITY COUNCIL
:��' NO. 213 2
� ..�p; `s
• -�� • '
�,. �...
�
Adopted by the Orono City Council on this 23th day of
Febr ary, 1987.
ATT T:
�, �
_ C .
v
Dorothy M. allin, City Clerk Jam s R. Grabe , ayor
` � L�Ll.c�v��
.
Property Owner(s)
•
•
Page 6�' of 7
" ^,,
i�
� � � Cit� o� ORONO
�.
� RESOLUTION OF THE CITY COUNCIL
� NO. 2132
• - • •
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /��j day of ��C� , 198
before me a t y Pu lic withi a d fo said county, personally�
appeared ,r- � � �'. ,/Z known to me to be
the person(s) described in and w executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
.
�p V '•
Y �
,.��, SANDRA L.GIRODAT
��"" '` NOTARY PUBLIC
� �� NOTRRY PUBUGh�IN�iF::���'
t'�.,� HENNEPIN COU�d'tY
My Commission Expires Feb. 18, 1989 �
• �vvwwww�vv�'nn�vv,NVVV�,wvww�v
� -�8�9
MY COMMISSION EXPIRES
� � C
STATE OF MINNESOTA )
)ss. -
COUNTY OF HENNEPIN )
On this �� day of V' G� , 198.,,�, before me
a Not y P blic i 'n �d for s d County, personaYly appeared
i` GL e� known to me to be the
� perso (s) described in and w • executed , the foregoinginstrument,
and cknowledged that he (they) executed the same as his
(their) free act and deed.
, '
�
.nnn'�n'vw�nrv�n""``nn'�n""'v�'"^n^^^^^^^ OTAR PUBLIC
.�>�� �
��_,,��.. SANDRA L. GlRO�JAT
l��ft�� NOTARY PU3L��-F�tl(;�;E�OT,'� �
��'� I�ENNEPIN C�U��!TY
. � My Commission Exp;res Feb. lII, 19a9 � �i JB �
ffi•v�wwwvw�,�nntiwvwwv�n,vvwvwvv i
MY COMMISSION EXPIR S
• Pa e 7 of 7
g