HomeMy WebLinkAboutResolution 2388 � -' =v� �..�r .
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� RESOLUTION OF THE CITY COUNCIL
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'''' �� NO. 2388
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A RESOI.DTION GRANTING
� A VARIANCE 7.°O
M[JAiICIPAL ZONING CODE
SECTION 10.23, SIIBDIVISION 6(B)
FI7� #1250 �
WH$REAS, Dana M. We 11 s (hereinaf ter "the app 1 icant") is
owner of the property located at 1397 Orono Lane within the City of
Orono (hereinafter "City") and legally described as follows:
Exhibit A (hereinafter "the property" ) ; and
WHER$AS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.23, Subdivision 6(B) to
permit the construction of an attached garage located 14' from the
side property line instead of the required 30'. Applicant seeks
approval of a 16 ' variance or 53$. �
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
• . FIIdDINGS
. l. This application was reviewed as Zoning File #1250.
2. The property is located in the LR-lA Lakeshore Residential
Zoning District and requires a minimum of 2 acres in area and
200' of lot width. The property consists of 31,540 s.f. or .72
acres and 106 ' in width.
3. The Orono Planning Commission reviewed this application on
March 21, 1988, and recommended approval of the proposed
variance based upon the following findings and hardships:
a) The property is 106' wide and contains a total of 31,540
s.f. or .72 acres and is subject to the LR-lA lot standard
that would require 2 acres in area and 200' of width. The
current structure does not satisfy the 30' side setback on
either the east or the west side.
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b) The proposed structure does not encroach any further into
the substandard side setback area.
c ) The elevations and plantings along the west side
property line lessen� the visual impact of the proposed
• structure.
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�.���, � RESOLUTION OF THE CITY COUNCI L
L • NO. 2388
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d) The applicant has reduced the hardcover within the 250-
500 ' setback area, thereby reducing hardcover by
approximately 1,025 s.f. or 30�.
e) The improvement appears consistent with the pattern of
development within the immediate 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 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�USIONS, ORDEY2 AND CONDITIONS
Based upon one or more of the the above findings, the Orono
City Council hereby grants a variance to the Municipal Zoning Code
Section 10.23, Subdivision 6 (B) to permit the construction of an
attached garage to the existing residence that will be located 14'
from the west side property line instead of the required 30' subject
to the following conditions:
1. 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 (March 28, 1989).
2. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of the
zoning code, shal 1 automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
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� �� .� RESOLUTION OF THE CITY COUNCIL
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� 3. The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of herself,
her heirs, successors and assigns, hereby agrees to the recording
of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this 28th day of
Mar , 1988.
ATTE T:
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orothy allin, City Clerk James R. Gra ek, Mayor
. Edward J. C lahan, Jr. , Acting Mayor
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Property Owner(s)
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` RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this g� day of /� /Jr'r�� ► 198�
before me a Notary Public within and for said county, personally
appeared �ana- /Yl- (N2-y�5 , �inS l-e-
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.
�: NO ARY PUBLC pMINNESOTA N TARY PUBLIC
_ HENNEPIN COUNTY
My commfsslon expires 7_15-93
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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
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EXHIBIT A
RESOLUTION NO. 2388 , �
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Lot 9� Ho�es on Brawn's Bay, and that p�rt of Ga�•ernm�nt Lot 3, �
� Section 2� Township 117, Range 23, described t�s falloc,�s:
Beginning at the Southwesterly corner of Lot 9 in Nodues �n �3rown's ;
Bay. t.�hich,�said Southwesterly corner is the �int of intersec:tion
of the Westerly line of said l.ot 9, with L}�e shore .line of Lake
Minnet.onka; thence Northerly al�ng the l,)PSterlS• Iine of said l.�t
. 9, }irnnes on Broim's-Bay� to the SouthPrly line of the Iri;yzat,ti r�nd
Spring Park Road; thence West.erl,v along sflid Southerly line Lo �s
� �int c:hich is 10�i.U0 feet due F�st f���rn tt�e W�st line of said ,
Gc�vernment Lot 3; thence Southerly �rarsillel to the West line �f
said Gc�verrunent l.ot 3 to the shore of Uilte Plinnetonka; thencr.
. F.asLerly along the shore of said lr�lte to be°inning, accorciing Lo
tt�e mt�p or plat thereof on file and of rec�rd in the office of the
Register of Deeds in and for the Countp of Nennepin r3nr1 State of
� *linnesota including any part or portion of any street or nlley
adjacent to the pre�ises herein conveyeci heretofore vacat.ed. Also
iTl�et.A� Registereci L�nd Survey Ivo. 19I.
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