HomeMy WebLinkAboutResolution 2426 ,'
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:<<���''� RESOLUTION OF THE CITY COUNCIL
..:.�` NO. 2426
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A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SDBDIVISION 2
FILE �1259
�+THEREAS, William Odden (hereinafter "the applicant") is
owner of the property located at 345A North Shore Drive within the
City of Orono (hereinafter "City") and legally described as follows:
The following property lying within the plat of
"Lydiards Park" Lake Minnetonka , Hennepin County,
Minnesota:
The Southwesterly 25 feet of the Southeasterly 1/2
of Lot 17 and that part of the Northeasterly 1/2
_ of Lot 18 lying Southeasterly of a line parallel
with and distant 197.5 feet Northwesterly from the
• base line as shown on said plat, Lots 17 and 18;
(hereinafter "the property") ; and
_ _ WHEREAS , the appliCant has applied to the City for a
� variance to Municipal Zoning Code Section 10.22, Subdivision 2 to
permit the construction of a detached garage which will constitute
hardcover in the 75-25P1' lakeshore setback zone in excess of the 25�
____ hardcover normally allowed.
NOW, THEREFOItE, BE IT RESOLVED by the C i ty Counc i 1 of Orono,
Minnesota: �
F IIdDINGS
1. This application was reviewed as Zoning File #1259 . �
2. The property is located in ,the LR-1C Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
April 18, 1988, and recommended approval of the proposed variance
based upon the following findings:
a. The construction of a detached garage to the rear of the
house is consistent with development within this
neighborhood, requiring excessively long driveways, hence
• excessive hardcover, to serve those garages.
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�;;��;-:�.�' R�SOLUTION OF THE CITY COUNCIL
�� NO. 2426
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b. A garage location• to the front of the house would require
variances to average lakeshore setback and would not be in
character with the neighborhood .
c. Based on the existing 38.8� hardcover, a large portion of
which is attributable to existing gravel driveway and
parking area, the proposed driveway, apron, and garage in
conjunction with the proposed gravel removal , will result in
a 75-250' hardcover of 37.3�, a net decrease from that which
exists .
d. A variance to construct this detached garage was granted
by the City Council in 1977, but the applicant never
constructed the garage and the variance expired after one
year .
4. The City Council has considered this application including
the findings and recommendations of the Planning Commission,
� • reports by City staff , co�xments 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.
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CONCLIISIONS, ORDSR A1dD COI�ITIONS
. Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 1�.22,
; Subdivision 2 to permit the construction of a detached 3-stall garage
+ which will result in 37.3� hardcover in the 75-250' lakeshore setback
; zone where only 25$ hardcover is normally allowed, subject to the
! following conditions:
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�`';`,.,_� RESOLUTION OF THE CITY COUNCIL
R�`i`�� NO. 2426
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1. Hardcover on the property shall be limited as follows:
House 2,133 s.f.
Detached Garage 832 s.f.
Patios & decks 720 s.f.
Driveway & apron 2,064 s.f.
Total 5,749 s.f.
Area within 75-250 ' zone = 15 ,412.5 s.f. -
5,749 -^ 15,412.5 = 37.3�
2. Applicant .is advised that no future additional hardcover will
be al lowed on the property, and any future request for additional
hardcover will not be approved , but might be approved only in
� conjunction with concurrent removals of existing hardcover
resulting in no net increase in hardcover.
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 Council approval, or this variance will expire on
, that date (May 9, 1989).
4. Violation of or non-comg,liance with any of the terms and
conditions of this variance shall constitute a violation of the
zoning code, shall automatical ly terminate any authority granted
herein, and shall be punishable as a misdemeanor.
8. 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 resolution in the chain of title of the property.
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'� j Adopted by the Orono City Council on this 9th day of
May. �988 . .
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� ATTES : �
{ .
� t M. li , C ty Clerk Jam s R. Grabe , yor
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; o erty Owner(s )
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. � RESOLUTION OF THE CITY COUNCIL
`; � NO. 2426
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this � 7 � day of /�ay _, 198�
before me a Notary Public within and for said county, personal ly
appeared (,V�//iaM e • and /�'lar� J'• Odc�en
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.
• . etersun " �
Pairtcta L P NOTARY PUBLIC
�� �OTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
� My commisslon expires 7-15-93 '
rJ ^/S-�'�
= 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, personal ly 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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