The URL can be used to link to this page

Home My WebLink About#4678-variances-2001 t �l / �i—O \ / � � /O O \ , � � CITY of ORONO � b` ' f l/ <1� �� ,'�'%' RESOLUTION OF THE CITY COUNCIL �\kESH�� NO. � � "r � _�� A RESOLUTION GRANTING VARIANCES � TO NIUNICIPAL ZONI�iG CODE SECTION 10.2�, SUBDIVISION 6 (B) FILE NO. #01-2697 WHEREAS, Larry Gehl and Sharon Gehl, (hereinafter "the applicants") are owners of the property located at 182� Concordia Street within the City of Orono (hereinafter "the City") and is legally described as follows: Lot 8, Coffees Addition to Shady Wood Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and `VHEREAS, after due puT�lished notice and mailed notice in accordance �vith Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on July 16, 2001, at �vhich times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and �VHEREAS, the applicants applied to the City of Orono for variances to Municipal Zonina Code Section 10.2�, Subdivision 6 (B) to permit an 8' east side setback for an addition of garage and living space to the existing principal building where a 15' setback is required. NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application �vas revie�ved as Zoning File #O 1-2697. 2. The progerty is located in the LR-1C (1;2 acre) One Family Lakeshore Residential Zonin� District. 3. The Orono Planning Commission reviewed this application on July 16, 2001 and recommended approval on a vote of 7 to 0 for variances based upon the follo�ving findin�s and hardships: Page 1 of 5 � �,%—__,,, /% � �\ r' �' �'� �O � i O��, ��e� - ,j C ITY of ORONO a �;, �� G��;� RESOLUTION OF THE CITY COUNCIL ��t`9 4��'/ N O. � s 'Y � �kESH_� A. The project �vill not require variances for hardcover. The project includes removal of the existing 22' X 28' detached garage and part of the e�CistinQ driveway to reduce hardcover. B. The right of �vay that is located bet�veen 1825 Concordia Street and the adjacent lot w�as dedicated for public use in the plat of Coffee's Addition in 1906. There is no specific plan by the City to develop the right-of- way or use it for any public purpose other than drainage. C. The right of way is a lo�v area that collects water during heavy rainfall. D. The 8' setback has been requested to meet the minimum setback from tl�e property line and to not encroach closer than the existing corner of the house. The variance �vould not allo�v any further encroachment to the side setback to the right of way. E. The addition would not encroach closer than 23' to the adjacent residential property line due to the 8' setback and the 15' width of the ri�ht of way. A common property fine �vould only require 20' beriveen houses. 4. 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 �vould 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 hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keepin� �vith the spirit and intent of the ZoninQ Code and Comprehensive Plan of the City. �. The City Council has considered this application including the findinas 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 �velfare of the community. Pa�e 2 of 5 � !' o�\ � �\ 'o o��, �*6. - ,; CITY of ORONO a ��! ti�, �,� �,'��/ RESOLUTION OF TNE CITY COUNCIL �t9 �� rvo. 4 6 '� � \�s�� CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council herebS� grants variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit an 3' east side setback for an addition of gara�e and living space to the existing principal building w�here a 15' setback is required, subject to the follo�ving conditions: 1. Site plan includes the removal of hardcover as noted on the site plan, attached as Exhibit A. 2. Authorities granted by this variance run with the property not �vith 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 ��ill expire on that date (August 13, 2002). 3. Violation of or non-compliance �vith 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. 4. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assi�ns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a re�ular meeting held on the 13th day of Aujust, 2001. ATTEST: �� /; ."1 ' 1 ==� � , ;'«_ �:�. �,.�-�_ ��1�/ � �?`� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor �' , �' � j � •� . t Property ��cner (s) Pa�e 3 of 5 : /�/'� \ � � , � ��\ �e. - , ,� C ITY of ORONO � �., , �'� G'�/� RESOLUTION OF THE CIT�COUNCIL ��IfES�/ N0. � � � � STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was ackno��-ledged before me on this 13`h day of August, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument �vas executed on behalf of the RACF�DOOGE , NO?ARY PI�LIC-IArN�:'OTA - � Mp Caim�aWon Expia Jan.31,2005 ` � � ' ��C�_�_ /� C'i /%/!�'%f�C� L-r, "' Jt. � �. _'"-.,ri i Notarv Public STATE OF MINi�tESOTA ) ) ss. _ COUI�'TY OF HEiVNEPIN ) � On this �day of ��; ��t�j��i(i"- , 20 l i before me a Notary Public within and for said county, personall_y appeared L (.� r t� I !==1�-�.} �{ l:nown to me to be the person(s) described in and who executed the foreQoing instrument, and ackno�vledaed that he(they) eYecuted the same as his (their) free act and deed. ^�.�.,. Y`` RACHEL DODGE � ��. NOTARY PUBIlC-1►MINE;�OTA � -, f�r_. ,2_�t�/' �;�'�./1;.�, ��..�;�. INY Cortr+Aeafon Expip J�.31,2005 ' � Notar�� Public STATE OF N1Ii�1NESOTA ) ` ) ss. COUNTY OF HEi�tNEPN ) On this 1I��day of ��te.i�1lf�rT . 20 Ll before me a Notary� Public within and for said county, personally appeared � — �� "y�t(� �i -c✓ known to me to be the person(s) described in and �v o eYecuted the foreaoing instrument, and ackno��ledaed that he(they) executed the same as his (their) free act and deed. - RACHEL DODGE L�Qc,L� i� ��' �-�-��'�� NdTARY PUBLIC-I�NNE^OTA �"n'�0f""'w0"�„'a"'3�'2°°5 Notary Public .-,� �. Page 4 of 5 i � �� L�� i�� . Surve�y For Larr Gehl\ Book 34a Page_ 8_____ Flie � � 1825 Conc rdia Street orono, r1N 55 391 r � � % _ � o .G • � 6 T .� ; � /. ��z� �c -�- c' �: �'�': :.i, . ;, . � Q- < e`� �' � �� ,� �,;�.,... � \�' _ ` - ��BS � ��- Z %� �� ... � Q� �i� � � V� 7�' — - 7 .^ _ `_ _ ,✓ � � �I 71ir ,C y f— ��, O _ /67. 9 r � ` ^_� . . � � ; _ .. b � r ��j ;f.: ` l ��• , � �� ,., �,:�.�_�! t 9� a _ � �r�� •/.��( ^= 'C'. � �' � r� ?Z �, `� h l �'- 66.T- �A' r �� .,( � � n, .. , �. � / i� �! v�/�^ rf1 /, / � ^ ` "` t� 1 -� � �� i M • ; ;, 6,y N� �� ' _ \ _ —'I � �� /\ ;��(�, �n ' � /,� �.Y, ti 1� 'y�1 ,., + � : � ��. I , .h'�(r`� w Q', �. � \ �� /�n' � \� � ,a•�� ,�`�' I . / • • �� `� O � (`� �I: -�l` Sy.s�� ,o�k �., � �� `--_.- '. -__ ''.� i � �` . � �n 7 6 � � �' � ,:I�. 3,°�`�.. �z � . ~ �' ��.,–�/ �" � � % ^�� ,(� +c�G� /�� s � w � ' ? "' , r � �� `� '� �' � + � �� " �" 7' qo, • `. � ; , � ,'u�, _ N a' � � � r � !�.:�' fE.av� y `", �jl • �� d�� '! 1�'ll►.I f �,,�� ` � � � , ,�,� , rr ,� • _ �� J ;� �c-� ' i � �y Fi ��nr 'L ,�, ..,.��: ; �� –� �v �t � �'�,., � ,.�� : : o �� .� 7� �, � ,,� i" �-� � c ��` PL.� � \ � I /— . `#'' ` , �- 'D -�� !/,t� /�D7-'c• c -- / � � ' \ � /�y � � yo�sc ' � � �J �� /8SS" �� .,� . `�' I� � 1 �� = '��