HomeMy WebLinkAbout#4133-variances-1998 r ,
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\�� �p'�'�j" RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING VARIANCES
TO MiTNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6(B); SECTION 10.22,
SUBDIVISION 2; AND SECTION 10.56,
SLTBDIVISION 16 (L)(2)
FILE NO. #2385
WHEREAS, Stephanie Kroeger (hereinafter "the applicant") is the owner of the
property located at 3465 Crystal Place within the City of Orono (hereinafter "the City") and
legally described as follows: �
Lot 5, Block 2, Navarre Heights, Hennepin County, Minnesota (hereinafter "the
property"); and
WI�REAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearin� on July 20, 1998, at which times all persons desiring to
be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zonin� Code Section 10.25, Subdivision 6(B); Section 10.22, Subdivision 2; and Section 10.56,
Subdivision 16 (L)(2) to permit construction of a detached garage requiring a side yard setback
of 3' w�here a 10' setback is required, a rear yard setback of 3' where a 10' setback is required,
and to allow 48.6% hardcover within the 500-1000' lakeshore setback zone where only 3�%
is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2385.
2. The properiy is located in the LR-1 C, One Family Lakeshore Residential Zoning
District.
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3. The Orono Planning Commission reviewed this application on July 20, 1998 and
recommended approval on a vote of 6 to 0 for the variances based upon the
following findings:
A. The existina gazage is located directly on both the rear and side lot
lines.
B. The proposed detached aarage would be located 3' from the rear and side
lot lines.
C. The property is served by a shared drive with the neighboring property.
D. A lot coverage variance is not required for the subject lot.
E. The total hardcover would be reduced from 52.2% to 48.6%.
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
grantina the variances 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 appiicant, 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.
5. The City Councii has considered this application including the findings and
recommendations of the Planning Com.mission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.2�, Subdivision 6(B); Section 10.22,
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Subdivision 2; and Section 10.56, Subdivision 16 (L)(2) to pemut construction of a detached
garaae requiring a side yard setback of 3' where a 10 feet is required, a rear yard setback of
3' w�here 10' is required, and to allow 48.6% hardcover within the 500-1000' lakeshore setback
zone �z-here only 3�% hardcover is allowed.
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 (July 27, 1999).
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 applicant has read, understood and hereby ab ee to the terms
of this resolution and on behalf of herself, her heirs, successors and assigns,
hereby agrees to the recordinD of this resolution in the Chain of Title of the
property.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meetina held on the 27th day of July, 1998.
ATTEST:
_r�-`/r�z,�L�- �D I �� `���
Linda S. Vee, City Clerk Gab el Jabbour, May
ro erty Owner (s
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STATE OF I��IlNNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoin? instrument was acknowledged before me on this 27th day of July, 1998,
by Gabriel 3abbour 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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.,, My Commi�s�cn E;p:�es,;;�n.31,2000 No�, pu C
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STATE OF I��IINNESOTA )
) ss.
COLTNTY OF HENNEPIN )
On this 3� day of , 199� before me a Notary Public within
and for said county, personally ppe ed � � 2C�.�Zh- , �7��C°
know�n to me to be the person(s) described in and who executed th oregoing instrument, and
ac e�-�iat,..he�(, ev executed the same as his (their) free act and deed.
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-,�':� h1y con,m;ssio;,E;p,�e;;�an.,si,z000 Notaiy blic
STATE OF
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_ before me a Notary Public within
and for said county, personally appeazed
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
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