HomeMy WebLinkAboutResolution 2277 , '
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Cit� of ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2277
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� � � A RESOLIITION GRAIdTING
VARIANCES TO
' MONICIP�iiI. ZOIdI1dG CODE
. SECTIOAI 10.03, SDBDIVISIOA] 15(F)
AIdD S$CTIONf 10.22, SQ�DYVISIOld 2
FILE #1202 �
WH$REAS, Paul Schueller (hereinafter "the applicant") is the
owner of the property located at 1280 Spruce Place within the City of
Orono (hereinafter "City") and legally described as Lot 3, Block 1,
Saga ,Hill Revised, Hennepin County, Minnesota (hereinafter "the
property"); and �
WHER�AS, the applicant has applied to the City for variances
to Municipal Zoning Code Sections ' 10.03, Subdivision 15{F) and 10.22,
Subdivision 2 to permit the construction of a detached 24'x 24' garage
located 3 feet from the side lot line instead of the required 10 feet
and additional improvements on the property requiring a 14� hardcover
variance in excess of the allowed 25�.
NOW, T�SREFORE, B� IT RESOL�ED by the City Counci 1 of Orono,
•� Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1202.
2. The property is located in the LR-1B Lakeshore Residential
Zoning District.
3. The Orono Planning Commission reviewed this application on
September 21, 1987, and recommended approval of the variances
based on the following findings:
a. The lot was subdivided and the house constructed prior to
zoning ordinances.
b. The property does not contain a garage.
c. The placement of the garage and driveway to the south 4
side of the lot will allow access to existing sewer and
water lines.
d. The lot is too narrow to allow doors at the side of the
garage structure with a turnaround on the property.
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Ci.t� of ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2277 .
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e. The City can confirm that applicant has made every
attempt to acquire additional lands in order to construct
the much needed garage and storage area.
f. The City has received only positive comments from the
affected neighbors.
4. The City 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 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 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.
CONCI,IISIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted abov�, The
Orono City Council hereby grants variances to Municipal Zoning Code
Sections 10.03, Subdivision 15 (F) and 10.22, Subdivision 2 to �he
permit the construction of a detached garage placed 3 feet from the
side Iot line instead of the required 10 feet and additional
improvements on the property requiring approval of additional
accessory hardcover for a detached garage (576 s.f.) and an expansion
of the paved area for driveway purposes at 294 s.f. resulting in a
total hardcover amount of 2,131 s.f. within the 75-250' setback area
at 37.7 � where only 25g is aliowed, subject to the following
conditions: ,
l. The existing shed in the street yard shall be removed prior to
' the issuance of a building permit for new construction.
2. Authorities granted by this resolution run with the property
not with the applicant, but are permissive onYy and must be
exercised by application for a building permit within one year of
• the date of Counci 1 approva I, or this variance wi 1 I expire on�
that date (October 12, 1988).
� Page 2 of 4
C�t� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
� NO. 22��
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3. 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.
4. 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 xesolution in the chain of title of the property.
Adopted by the Orono City Counci 1 on this 12th day of
Oct ber, 1987.
ATT ST: �
.
rothy . Hallin, City Clerk Jam s R. G , r
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Property Owne (s)
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Page 3 of 4
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clt� o� oR,oNo
� RESOLUTION OF THE CITY COUNCIL
� NO. 22��
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this o2�-►.=� day of ��.'�-�J� ► 198�
before me a Notary Public within and for said county, personaY 1y
appeared S�,c.Sr� r� 3 S �n (.�Q�Q-►� 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.
T�A L NMe r
���-��T� � NOTARY PUBLIC
HENN�PIN COUNTY
My oomrr�sfion ucpiroa e-6-s2
•
� �9-�qa
MY COMMISSION EXPIRES
STATE OF MINNESOTA ) .
)ss.
COUNTY OF HENNEPIN )
On this �d� day of (���x.-r , 198�, before me
a N tary Public within and for said County, personal 1y appeared
�C�t� �; S ��,,el%e y- 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.
- /l/L7C�-- �
NOTARY PUBLIC
THERESA L. NAAB
��^� NOTARY PUBLFa• MINNESOTA
�' : FIENNEPIN COUNTY
•°� 4 (ury comm�a�lon �xpt�es s-s-s2 „ ��—y'a
� MY COMMISSION EXPIRES
�
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