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Home My WebLink AboutResolution 2252 f .^� � / � ` � Cit� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2252 • - • • A RESOLOTION GRANTING A VARIANCE TO MONICIPAL ZONING CODE SECTION 10.03, SQBDIVISION 15 (F) FILE #1056 WHEREAS, Olai Hanson (hereinafter "the applicant") is the owner of the property lpcated at 1390 Railroad Avenue within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A attached (Hereinafter "the property" ) ; and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivisibn 15 (F) to permit the construction of a detached garage located 4.6 feet from the side lot line where a side yard setback of 10 feet is normally required. NOW, THEREFORTs, BE IT R$SOLVED by the City Council of Orono, • Minnesota: FINDINGS l. This application was reviewed as Zoning File #1056. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 21, 1986, September 8, 1986 and August 17, 1987 and recommended approval of the proposed variance on a vote of 4 ayes and 2 nays based � upon the f inding that construction of the garage 4.6' f rom the side lot line will not to a significant degree infringe upon the- amount of sunlight falling •upon the neighboring property owned by Mrs. Golden. 4. The side setback encroachment of 5.4' is necessary to reduce the angle of vehicle� entry into the garage due to the close proximity ' of the existing house. • 5. Disturbed soils � in the former septic system location are not suitable for construction of a garage and are located such that t.he garage could not be located to meet the required 10' side setback unless soil correction measures are undertaken. • 6. The City Council has considered this application including the • findings and recommendations of the Planning Commission, reports by City staff, comments by the appYicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 1 of 4 ;._ � Cit� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2252 • - • • 7. 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 property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable 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, ORDffit AND CONDITIONS Based upon one or more of the f indings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.03, Subdivision 15 (F) to permit the construction of a detached garage located 4.6 feet from the side lot line where a 10' side setback is normally required,� subject to the following conditions : � 1. The garage shall be located as shown on the attached Exhibit B, the northwesterly corner of the garage to be no less than 4.6' from the established lot line, and the northeasterly corner shall be no less than 6.4' from the lot line, as represented by the site plan provided by the applicant. 2. Applicants surveyor shall stake the established north lot line of the property so that the City Inspector can verify the garage setbacks prior to footing or garage slab construction. 3. A building permit shall not be issued for the garage until such time that applicant and the affected neighboring property owner, Mrs. Golden, have completed the required subdivision of a lot line rearrangement to legally establish their agreed-upon lot line location. 4. Authorities granted with this resolution 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 w�1 1 expire on that date (September � 14, 1988 ). 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. Page 2 of 4 f I� 1v� � �- Clt� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2252 • - • • Adopted by the Orono City Council on this 14th day of September, 1987. ATT n T: � / v / , � a 0 othy M llin, City Clerk Jam s R. r e , Mayor � ' p � �� G�� Property Owner(s) • • Page 3 of 4 . . , ,, . •` � � Clt� o� ORONO � � RESOLUTION OF THE CITY COUNCIL � NO. 2252 • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 16th day of September , 1987 before me a Notary Public within and for said county, personally appeared Olai & Hilda C. Hanson, husband and wife 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 �� `M�80TA x. 11ENNEPIN COUNTY >`�: i MI'�mmiseion • �...._._.,,.,`�,� expires 9-8-9? �-.�,..�. . . . �--�-9� 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, personally 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 � Page 4 of 4 � . , : EXIiIBIT A Rc:solutio�z 11c . 225� PARCEL B . That Rart of the Northeast Quarter of the Sou�hwest f,�uarter of Section 10, Townshi.p 117, Range 23, Hennepin County, Minnesota described as follo�s: Commencing at the southrvest corner oP Lot 6, Elbridge S. Bames' First Subdivision in Section 10, Township 117, Range 23, according to the recor�ied plat thereof; thence southwesterly alang the easterly right o� way Iine of Burlington Northern Railroad 297.93 feet; then�e sautheasterly at , right angles 40.00 feet to the easterly line of Railroad Av��, rvhich is the point of beginning; thence southwesterly at a right a�le 59.13 feet; I thenc� southeasterly at a riaht armle 125.00 feet; therrce northeasterly at a right angle 58.95 feet; thence northwesterly 125.00 feet to the point of I beginning. •, � � � ! y , EXHIBIT B � .._..�:•.�=�,-,�°. , � . 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