The URL can be used to link to this page

Home My WebLink About#3482-variances-1994 � e • j � ��. ,;� � �V' ��, CITY �f ORON� ;� � ��,� ��;.=�,-, I�'� RESOLUTION OF THE CI'I'Y COUir'CIL '' ' -��, � ;' 3 d � 2 � :�,� � �';�� s' '��;.. � ,� NO. — �:�� ,;,� �� ' �`\�4 �'+i„ i�' 4,'�/ �\�—� A RESOLUTION GRANTING VARIA�\TCES TO MLTNICII'AL 'GONING CODE SECTIQ�N 10.03, S[TKDIVISION 14 (C, E & �, SECTION 10.22, SUBDNISION 2, �\TD SECTION 10.56, SL'BDIVISIO�' 16 (L) FILE NO. 1959 `��REAS, James Ogland (hereinafter "the applicant") is the owner of the property located at 3345 Crystal Bay Road within the City of Orono (hereinafter "the Ciry") and leaally described as follows: Lot 9, Wallace's Addition to the Village of Minneton.ka Beach, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant Yias applie.d to the City for a variance to Municipal Zonin�� Code Section 10.03, Subdivisions 14 (E &F) to allow an accessory structure to be placed up to but not over the lot line, resulting in a 0' rear yard setback where a 5' i�ear setback is norn�ally required, and a 0' side yard setback where a 10' side yard setback is normally required; and a variance to Section 10.03, Subdivision 14 (C) to allow lot coverage by structures to exceed 15� of the lot area; and variances to Section 10.22, Subdivision 2 ar, d Section 10.�6, Subdivision 16 (L) to allow hardcover in the 7�-250' zone of 52% where only 25% hardcover is normally allowed, all of the above variances in order to place a shed on the propen}�. NO�V, THEREFORE, BE IT RESOLVED by the City Council of Orono. Minnesota: FL'V"DINGS 1. This application was reviewed as Zoning File #19�9. ?. The property is located in the LR-1C Single Family I.akeshore Residential Z,oninQ District. 3. The Orono Planning Cemmission reviewed this application on September 19 and October 17, 1994 and recommended approval of the proposed variances based upon the following findings: Pa�e 1 of 6 Fam 5"vU5 G,.z.i;,. . � �1V' CI�'Y of URa►NO � O O � I I ��.�=�-�_� I j RESOLUTION �F THE GITY COUNCIL ,.�: � � � ��, l�--.:_�, � � NO. e� � �� , �; ,� ti, '�'�'��:;,\ �,'��iC� `9kES�I�S� A. Applicant contacted the City some time prior to the 1991 construction of the shed and was advised that no buildina pennit «�as necessary for a 100 s.f. shed. The City subsequently revised that poIicy but the applicant was not specifically advised of the change until the Inspections Department found a new shed on his property in 1992. B. The existing 100 s.f. shed is located panially within the right-of-way of Hillside Place and partially within the Dakota Rail property. C. The Plarmin� Commission finds that it is beyond the scope of the City's authority to grant a variance to allow the shed to remain on the Dakota Rail property and Planning Commission further concludes it is inappropriate to allow the shed to remain on the Hillside Place right-of- way. D. The shed can be located within the property boundaries if variances are aranted to allow a "0 setback" situation for the rear and left side property lines. Such location will preserve an existin� tree located between such location and the existing house, and will further maintain the required 10' separation between the shed and the house. E. Hardcover in the 75-250' zone is 47�� and will increase to 52% by relocatina the shed into the property boundaries. There is no hardcover in the 7�-250' zone that can reasonably be removed by applicant to mitiQate this increase. Hardcover in the 0-75' zone attributable to the applicant is 19%. F. Lot coverage by structures including the shed will be 1,085 s.f. or 19.1� where only 15% is allowed. However, the code also allows small lots such as this to have lot coverage up to 1,500 s.f. including the house and garaQe. G. The shed is necessary for storage of applicant's property maintenance needs. Page 2 of 6 r�:ms o��a� �' ��' CI�'Y of ORONO �O ; p j ��.��,.-�> RESOLUTION OF THE CITY COUNCIL � i��"'� � �vo. 3 4 � � !� ti ��'��,,\, ��G � 9.kESH�� H. The proposed shed location and the size and bulk of the shed will not increase the visual density in the nei�hborhood due to the existence of the undeveloped 25' ri�ht-of-way of Hillside Place adjacent to the property. Further, no neighboring property will be neQatively impacted by aranting of the variances. I. The applicant was unsuccessful in attempting to have the Hillside Place riQht-of-way vacated due to existing and possible future public needs for use of the right-of-way. 4. The City Council has considered this application includin� the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance 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 �enerally to other property in this zoning district; that grantina the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other dan�er 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 keepinQ with the spirit and intent of the Zonina Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER �vD CO'�TDITIONS Based upon the above findings, the Orono Cit�° Council hereby �rants a variance to Municipal Zoning Code Section 10.03, Subdivisions 14 (E & F) to allow an accessory shed structure to be located 0' from the rear lot line where a 5' setback is normally required and 0' from the left side lot line where a 10' side setback is normally required, and a variance to Section 10.03, Subdivision 14 (C) to allow lot coverage by structures at a level of 1,085 s.f. or 19.1% where only 15�� lot coverage by structures is normally allowed, and a variance to Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (Lj to allow hardcover in the 75-250' zone of �2% where only 25�o hardcover is normally required, subject to the following conditions: Page 3 of 6 Fum 5005 Disk Ort�� . �' ��' CITY of OR.OIOT�O ;'/O � , :.,,_ �II �:��-�> RESOLUTION OF 'I'HE CITY COUNCIL � � ��l��`,-'� ►�" � � �; � 1`� ��'� ,,,'"�.y�. � NO. � ��'l��;�; � �, � ��,G � `�kEsH�� 1. Applicant shall relocate the shed to the approved location as shown on E�ibit A attached. 2. Prior to relocatina the shed, applicant shall obtain a buildin� permit for the shed from the City. 3. No after-the-fact fees will be required. 4. Applicant is advised that hardcover on the property exceeds the amounts normally allowed by code, and any future requests for additional hardcover will likely not be approved. 5. 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 (October 24, 1995). �. 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. 7. The undersiQned 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 recordin� of this resolution in the Chain of Title of the property. Page 4 of 6 form 5005 Disw i �' ��' CITY of ORC�NO �O : O „ �j ��.��> RESOLUTION OF THF CITY COUNCIL � � ' �':r � �' � �ro. � `� g -� \ �. �� >„'�:-� � , � �� ,�-� �� kE3I3�g Adopted by the City Council of the City of Orono, Minnesota at a reQular rneeting held on the �4th day of October, 1994. A EST: . �� G� � � ;� ��ir��' �- ��-'��'� �� Dorothy M. llin, City Clerk Edward J. Cal�an, Jr., Mayor � � � / � l� a (.�Y ��'' J / Property Owner (s) � ` STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoin� instrument was acknowled�ed before me on this 24th day of October, 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the Ciry of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � � CAROLE A. HASEMAN �� y�' l �' �l ,1'��'�`�`J �Tqqy p�g�K^r-MINNESOTA Notary Public � � 'f HcNNEPIN COUNTY �'= h1Y GC'.l'd��Y EXPIFES&2}`� �.��,. -.-�,.r. �^�^,w�e+� Page 5 of 6 fmm SC05 DisY Gc- Y - ' � ��' �ITY of O�.OI�� /O ; O / 1 ,�' � �;�,-�> �� RESOLUTION OF CITY COiTNCIL ,� ' '�;l � i � c� � '� �� '�� NO. �'.t �'�'� "��G Rk'E313�4� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this J 5f day of ��;��b�� , 199 `� before me a Notary Public within and for said county,personally appeared-�,,h�:.- ,�, ,,,,�� /�r��r��- S�'y v ' •�1��d n w%��. k n o w n t o me to be the person(s) described in and who �`xecuted the oregoinQ instrument,and acl:nowledged that he (they) executed the same as his (their) free act and deed. � CAROLE A. HASEMAN NOTARY PUBUG-a.1INNESOTA HENNEPIN CWNTY ��r, � _�� MY COA�1MtSSION D(PIRES 6�73�98 N TARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_ 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 STATE OF NiINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_before me a Notary Public within and for said counry,personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and ac�:nowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 6 of 6 r�,saos o�:k o�o. , �� ZS ��-O FO�L o z SE``� o� ' � � �� ' Z �' � � w _o �, ,..� o �, � , , � , ._� � , r - � o ' Z v., -� I -� 47 �� 7� -� --- , , � , w 7.3 .I �� , � �' � � — � �x i 5'� ` � --1 r�—i � ` o �-1�y ��' 1 ' ' - - - �--,o � -�- � z 9.8 � � / � . � � /3, a ` / i i � ti i '71.SJ ' , .. .. i w ' , � � W 2 � � --__ - � o � l� � �� ` � I � �x I S�1 n , o � , � � � � -- �.�� _ �, 3�, 3 . � �OV Se ,v r i 6.o v � � .�5. 1 � co � ; -- --� 9 �� f 8.3 I.4 � F—lo --� \ ��-->¢7. — -- 3.9 � �/3•° Ie. f '� , � ` � ` 3.0� ---� , � , �� , �. � �, � .�, 6.5 _ - . �� -, - _ ` . , � � - - _ :a;1° 14' Sq�� , . v - - R � z2q2.o I - - ' � ��sf;r� 5h� � == So, Q �� -�-� Bu�li �-on 1�Jorthe�n Rai � r � ` APPROVED SHED LOCATION J EXHTBIT A RESOLUTION NO. 3482