HomeMy WebLinkAboutResolution 2077 ��!}M� •
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A RESOLIITION GRANTING
� A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.28, SDBDIVISION 5 (B)
FILE #1070
WHEREAS, Richard Rinehart (hereinafter "the applicant") is
the owner of the property located at 985 OId Long Lake Road within the
City of Orono (hereinafter "City") and legally described as follows:
The West 90 feet of that part of the East � of the Southeast 1/4
of Section 35 , Township 118 , Range 23 , Hennepin County,
Minnesota, lying North of Highway 12, except road, (hereinafter
"the property"); and
WHEREAS, the applicant has applied to the City for a
variance to MunicipaY Zoning Code Section 10.28, Subdivision �5 (B) to
• , permit the construction of an attached garage to be located 0.6 feet
from the side 1ot line where a 30 foot side yard setback is normaYly
required.
NOW, THBREFOR$, BE IT R$SOLVED by the City Counci 1 of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1070.
2. The property is located in the RR-1B Single Family Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
October 20, 1986, and recommended approval of the proposed
variance based upon the following findings:
, A) The applicant has constructed a slab located 0.6 feet
� from the lot line. '
� B) The proposed garage on this sYab can be constructed so
there wilY be no structural. encroachment into the
neighboring yard.
C) The house on the adjacent affected property is at least
• 60' away, hence the rural character of the area wiY1 be
maintained.
D) The owner of the adjacent affected property has
submitted a letter of non-objection� to having the garage
near his property Iine.
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-�-;`e:'��� There are specific hardships in locating the proposed
garage at any other location on the lot, that justify
granting of variances for the proposed site:
l. Location of septic tanks limits feasible garage
locations;
2. Existing topography and grading work completed
limits feasib].e garage locations;
3. Narrowness of the lot, lack of turn-around space,
• both create the probYems in �ocating a backup apron;
4. The need for additional fi11 at any other location
on the site, which would endanger existing mature trees
and drainfield;
5. Applicants desire to preserve views from rear
picture window.
F) It is imperative that a backup apron be provided on the
• site to avoid having to back cars onto 01d Long Lake Road .
where the sight distance is poor.
G) The proposed garage W�i i not af f ect existing drainage
patterns in the neighborhood.
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 variance on the health, safety and welfare of the
community.
� 5. The City Council finds that the conditions existing on this
property are pecu�iar to it and do not apply general ly to other
property in this zoning district; that granting the variance
would not adversely affect traffic conditions, Yight, 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 al�eviate 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.
CONCLUSIONS, ORDER AND CONDITIONS
• Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.28,
Subdivision 5 (B) to permit the construction of an attached garage
Iocated 0.6 feet from the side lot line where a 30 foot side setback
is normally ,required, subject to the following conditions:
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l. The garage sha11 be constructed so that there is no overhang
encroachment closer than 0.6 feet to the lot line.
2. The garage is approved at a one-story height. If a second
story or second level is ever proposed in the future, that w�ii
require an additionaY variance application.
3. 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 Counci 1 approval, or this variance W�i i expire on
that date (November 10, 1987).
4. Violation of or non-compliance with any of the terms and
conditions of this variance sha11 constitute a violation of the
� zoning code, shal 1 automatically terminate any authority granted
herein, and sha11 be punishable as a misdemeanor.
5. 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 resoYution in the chain of title of the property.
Adopted by the Orono City Council on this lOth day of
Novem er, 1986.
ATTE .
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Do othy M. 1 in, City Clerk Mary C. B er, Mayor
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Pro erty Owner s)
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' �� �� RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On t h i s � ���-� day o f /VO�/2�-r�.,�-�� , 19 8 6
before me a Notary Public with' and for said county, personally
appeared ,�����1pc_�c� ' _(t • /�n�P �C�..r� 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.
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.• `�' ��TA NOTARY PUBLIC
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MY CONlMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
: On this rXJ��=�' day of �?� , 1986 , before me
a Notary Publ� within and for said County, personally appeared
_�1 Xi p _ i'r�eha�-� 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. , �
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` NOT R PUBLIC
NOTiu��trE��p MN NESOt,a
NENNEPIN COUNTY
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MY COMMISSION EXPIRES �
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