HomeMy WebLinkAboutResolution 2398 � • .� , .
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� `'� RESOLUTION OF THE CITY COUNCIL
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7 � NO. 2398
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_. A RSSOLII'�ION GRANTING
• VARIANCES TO
MIINICIPAL ZONIATG CODE
SECTION 1B.B3, SIIBDIVISION 9 (C) AND
SECTION 10.24, SUBDIVISION 5 (B)
FILE #1253
�� WHEREAS, B. John Lindahl , Jr. (hereafter °the applicant") is the
owner of the property located at 1406 Bohn's Point Road within the City of
Orono, (hereinafter "City") and legally described as Tract I, and the West
28.5 feet of Tract H, Registered Land Survey 269, Files of Registrar of
Titles, Hennepin County, Minnesota (hereinafter "the property") ; and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 101.03, Subdivision 9 (C) that would allow the
installation of a accessory structure 1086 square feet in area where only
a 14J00 square feet is allowed and per Municipal Zoning Code Section
1�.24, Subdivision 5 (B) seeks a street-yard setback variance of 17 feet or
4A$ for the accessory structure where 35 feet is required.
. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File �1253 .
2. The property is located in the LR-1B Lakeshore Residential Zoning
District, requiring a minimum of 1 acre or 43,56�' square feet in area.
The subject property consists of 22,475 square feet or .51 acres.
3. The Orono Planning Commission reviewed this application on March
21, 1988, and recommended approval of the proposed variances based
upon the following findings and hardships:
A) The predominate, steep topography results in a limited flat
yard area and a need to preserve the limited yard area.
B) The interior design of the structure and location of view
windows would prohibit the attachment of the garage on the east
side of the house.
C) The location of a mature maple tree within the northeast
yard area limits the placement of the structure within the
northeast yard area.
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' � RESOLUTION OF THE CITY COUNCIL
� NO. 2398
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D) The location of the neighbor's house is at the east side
property line. The garage in its proposed location will lessen
the impact on the neighbor to the east.
E) Moving the garage further north provides the much needed
turning around area between the house and garage to lessen the
• hazards of backing out onto the public roadway, and decreases
the element of hazard.
F) There is no visual impact along the County road because of
the mature dense screening that exists along tMe roadway and the
garage will be installed so as not to destroy the existing
screening.
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 serv e as a
convenience to the applicant, but is necessary to alleviate a demon-
strable 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.
CONCL�SIONS, OYtDER APD CONDITIOIdS
Based upon one or more of the f�indings noted �above, the Orono
City Council hereby grants a variance per Municipal Zoning Code Section
10.03, Subdivision 9 (C) and Section 10.24 Subdivision 5 (B) to permit
the construction of an accessory structure by 86 square feet and located
18 feet from the right-of-way line of North Shore Drive, subject to the
following conditions: _
l. The applicant is to obtain a land alteration permit for the
regrading of the drive and the placement of the retaining walls
adjacent to the drive.
" 2. The applicant must obtain a demolition permit for the
• removal of the existing garage and shed.
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• RESOLUTION OF THE CITY COUNCIL
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� NO. 2398
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3. The_applicant is to grant a road and utilities easement to the
City of Orono over the traveled portion of the roadway known as Bohn's
Point' Road that intersects the subject property.
4. The plumbing of cold water is permitted to the new detached
structure. Such structure shall not be used as a second, non-rental
residental unit without first obtaining appropriate approvals and
permits from the City of Orono.
5. Authorities granted by this resolution 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) .
6. 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 m.isdemeanor.
7. The undersigned applicant has read , understood , and hereby
agrees to the terms of this resolution on behalf of himself , his
heirs, successors and assigns.
Adopted by the Orono City Council on this 28th day of March ,
198 .
ATT T: '
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rothy n, Cit� rk � � James . Grabek, ayor
Edw rd J. Cal an, Jr. , Actin Mayor
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Prop rt Owner (s)
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• RESOLUTION OF THE CITY COUNCIL
� 2398
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this lst day of March , 198 8
before me a Notary Public within and for said county, personally
appeared
known to me to be t e pers n s) escri e in an w o executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
- - 1
��ER� 4 �e NO ARY PUBLIC
�HEN����1s,Yr�
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9/2/92
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) tree act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
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