HomeMy WebLinkAbout#4338-variances-1999 � �.
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�'',� G'� RESOLUTION OF THE CITY COUNCIL
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A RESOLU�I'ION GRANTING VARIANCES
TO �iUr1ICIPAL ZONPIG CODE
SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.03, SUBDIVISION 14 (C)
FILE NO. 2515
WHEREAS,Thomas Palm and Maureen Palm, husband and wife, (hereinafter "the
applicants") are owners of the property located at 1685 Concordia Street within the City of Orono
(hereinafter "the City") and legally described as follows:
The North 50 feet of Lot 16, Coffee's Addition to Shady Wood Lake Minnetonka,
Hennepin County, Minnesota.
(hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subd. 2 for a hardcover variance for the 75'-250' zone where 3,085 s.f.
(34%) exists,2,265 s.f. (25%) is permitted, and 2,746.5 s.f. (30.3%) is proposed and in the 250'-500'
zone where 411 s.f. (32.5%) exists, 378.9 s.£ (30%) is permitted, and 426 s.f. (33.7%) is proposed
and Section 10.03, Subd. 14(C) for a structural coverage variance, where 14.9% exists, 15% is
permitted, and 15.6% is proposed to allo�v the construction of a 25' x 30' detached garage.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application w•as reviewed as Zoning File#2515.
2. This property is located in the LR-1C Zoning District where the minimum lot area
requirement-is 1/2 Acre. The prop�rty consists of approYimately 14,200 square feet
or .33 acres.
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�',� G'ti RESOLUTION OF THE CITY COUNCIL
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3. The Orono Planning Commission reviewed this application on AuQust 16, 1999 and
recommended approval by a vote of 5-0 on the proposed variances based upon the
following findings of fact:
A. The existing garage is located one foot over a sanitary se«-er easement�vhich
crosses the applicants' property.
B. Relocating the garage will bring it into line with the neiQhboring garages.
C. The proposed garage in the new location will reduce the overall hardcover
on the site.
D. The neighboring property owners were present at the meeting and expressed
their support for the garage.
4. The City Council finds that the conditions existing on this property aze peculiar to
it and do not apply generally to other property in this zoning district; that grantin�
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 applicants, but is necessary to alleviate a demonstrable hazdship
or difficulty; is necessary to preserve a substantial property right of the applicants;
and would be in keeping with the spirit and intent of the Zoning Code and
Comprehensive Plan of the City.
5. The City Council has considered this application includin� 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
welfaze of the community.
CONCLUSIONS, ORDER, AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance per Municipal Zoning Code Section 10.22, Subd. 2 for 2,746.� square feet (30.3%) of
hardcover within the 75'-250' zone and hardcover within the 250'-500' zone of 426 square feet
(33.7%) and a variance per Municipal Zoning Code Section 10.03, Subd. 14(C) for 15.6% structural
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�',� G'� RESOLUTION OF THE CITY COUNCIL
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coverage on the property to permit the construction of a 25' x 30' detached garage. Approval was
subject to the following conditions:
l. 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 23, 2000).
2. 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.
3. 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 City Council of the City or Orono, Minnesota at a regular meeting held on the 23rd
day of August, 1999.
ATTEST:
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Lirida S. Vee, City Clerk Gabn 1 Jabbour, Mayor
�- -- �� ��/�CGr'/I�'E'� 1��'v�
Property Owner(s)
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of August,
1999 by Gabriel Jabbour and Linda S. Vee,Mayor and City Clerk of the City of Orono,a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
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/' -�. G�.RG�E A.Nr`F� ��Ta �� '� ; � �
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(.; `'�`- !�'Notary Public
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N�v>�FF:J CL�`ITY
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this _ �0`fti day of A �� .s� , 199�, before me a Notary Public
within and for said County, personally appeared ��r�,�s�� r��rr i ec�
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.
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( �•� NOTP.FY FL'ELIC-14i!:t E�OTa � �-�`?J �-
�. '•�.:'`'.�;. NEr+;!EFira ccur:TY �� Not� Public
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STATE OF I��IINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this � `��h day of ��� �: �� sf , 199 5, before me a Notary Public
within and for said County, personally appeared 1�'�G� ���' �r, P<- /n�, r�� r�r�'��/
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. �
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r - --=t--�-<-��" .���-=z.��.��.�.�-, Notary Public
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