HomeMy WebLinkAboutResolution 2154 w,... . . . . .._.....x..�.,
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• ' RESOLUTION OF THE CITY COUNCIL �
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'`�r` NO. 215 4
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A RESOLIITION GRANTING
VARIANCES TO
MIINICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.03, SIIBDIVISION 15 (F)
• FILE #1120
WHEREAS, Richard Ragatz (hereinafter "the applicant") is the
owner of the property located at 1945 Concordia Street within the City of
Orono (hereinafter "City") and legally described as follows:
Lot 11, Fagerness, Hennepin County, Minnesota (hereinafter "the
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
• construction of a detached garage which in conjunction with the necessary
driveway apron and a future proposed home addition wil 1 increase hardcover
on the property in excess of the 25� hardcover allowed in the 75-250'
lakeshore setback zone; and a variance to Section 10.03,� Subdivision 15 (F)
to allow the detached garage to be located less than the required 10'
setback from the side lot line ; and a variance to Section 10. 03 ,
Subdivision 9 (D) to al low such detached garage to be located less than the
required 10' setback from the street lot line.
� NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #1120.
2. The property is located in the LR-1C Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on March
16, 1987, and recommended partial approval of the requested variances,
as follows:
A) Recommended approval of a side lot line setback of 5 feet,
finding that this distance will provide an adequate separation
from the neighboring structure and fire hydrant while adequately
• preserving applicant's lake views to the east.
B) Recommended that a variance be granted to allow 27� hardcover
in the 75-250' lakeshore setback zone, justified by the need to
provide a 2-car garage on the property with location dictated by
safety concerns.
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Recommended that the existing decks not be considered
hardcover �per previous Council approval.
D) Recommended denial of the street setback variance, finding
that public safety (fire protection and roadway maintenance)
would be hindered by the requested location 2 ' from the lot line.
4. The Cify 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
variances 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 variances 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 applicant; and would be in keeping
• with the spirit and intent of the Zoning Code and Comprehensive Plan
of the City.
CONCLIISIONS, 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 construction of a detached garage and associated driveway
apron which in conjunction with a future proposed home addition will
increase hardcover in the 75-250' setback zone in excess of the 25� hard-
cover allowed, and grants a variance to Section 10.03, Subdivision 15 (F)
to allow the detached garage to be located 5' from the side lot line
instead of the required 10' setback, subject to the following conditions:
1. The garage shall be located no less than 10' from the street lot
line.
2. Maximum allowed hardcover on the property in the 75-250' lakeshore
setback zone is 27� or 2,424 s.f. as follows:
Existing House 933 s.f.
Proposed� Garage 528 s.f.
Proposed Driveway, House Addition, Sidewalks, Etc. ,
Not to Exceed 963 s.f.
3. The existing decks as of the date of this resolution are shown on
• the survey attached (Exhibit A). Those decks are not considered as
hardcover, per Resolution No. 1730 of the City Council. Any new decks
constructed after this date will be considered as hardcover.
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4. 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 (March 30,
1988 ) .
5. 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.
6. 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 30th day of March,
• 1987.
ATTE .
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o hy . Hallin, C't Clerk Jam�s R. Gra , Mayor
� ' V\ C �
Property Owner(s) .
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���� � � City o� ORONO .
• RESOLUTION OF THE CITY COUNCIL
� NO. 2154
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STATE OF MINNESOTA ) � .
) ss.
COUNTY OF HENNEPIN )
On this ! lT� day of �1�� . 198 (
before me Notar Public within nd for said county, personal 1y
appeared I(+„B'l0 �1.�� t�� � L, G� ac-�"� known to me to be
the person(s) described in and w o executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
��a���,u�t�
�R+�NEP1N C Q,e$'� �
f1E��ton� NO ARY PUBLIC .
Mfl
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MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN ) �
On this day of , 198 , before me
� a Notary Public within and for said County, personalYy 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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