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Home My WebLink AboutResolution 2431 a;: �,, _ d C�t� of ORONO • RESOLUTION OF THE C�TY COUNCIL � � NO. 2431 • � • • A RESOLDTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SIIBDIVISION 13, SECTION 10.22, SDBDIVISION 2, SECTION 10.03, SUBDIVISION 15(F) , AND SECTION 10.25, SIIBDIVISION 6(B) FILE #1260 WHEREAS, John Nyquist (hereinafter "the applicant") is the owner of the property located at 1432 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 7 , Block l , Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 13 and 10.03, Subdivision 15(F) to allow construction of a detached garage to be located 5' from the •side lotline and 20' from the street lot line where a side setback of 10' and a street setback of 30' are normally required, and for a variance to Section 10.22, Subdivision 2 to allow hardcover in excess of the 25$ hardcover normally allowed in the 75-250' lakeshore setback zone. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1260 . 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 existing garage located 2' from the side lot line wi 11 be replaced with a new, larger garage located 5' from the lot line. The 5' side setback variance is justified by the need to maintain an adequate corridor to the right side of the garage for future well maintenance access, and will provide a more useful yard area than if the garage was centered on the property. • Page 1 of 5 �r '.� . d clt� o� oR,oNo • (�� RESOLUTION OF THE CITY COUNCIL � NO. 2431 • � • • B) The existing garage is 3.8' from the street lot line. The �roposed 20' street setback for the garage will allow parking of vehicles in the garage and in the driveway without encroaching into the traveled right-of-way. Baldur Park Road is a lightly traveled residential street, and site distance is adequate in both directions so that the proposed garage location wi 1 1 not create a hazard in the neighborhood. C) The applicant can reduce the percentage of hardcover on the pro�erty by removing certain landscaped areas underlaid by plastic, and by reducing the magnitude of the sidewalk and driveway apron. The Planning Commission finds that the proposed garage with storage above it is a reasonable request since the existing house has no basement due to its elevation above the lake level, and in conjunction with hardcover removals the net amount of hardcover on the property can be reduced. • 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 Feculiar 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 demon- strable hardship or difficulty; is riecessary 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 CONDITIOPTS Based u�on one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 13 and Subdivision 15(F) to permit the construction of a detached garage to be located 5' from the side lot line and 20' from the street lot line where a 10' side setback and 30' street setback are normally required, and grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to allow additional structural hardcover in the 75- 250' setback zone where the pre-existing hardcover already exceeds the 25� •hardcover normally allowed, subject to the following conditions: Page 2 of 5 i • � ��- d c�t� o� oR,oNo , : (� RESOLUTION OF THE CITY COUNCIL � � NO. 2431 • - • • l. Hardcover A. 0-75' aone. the only hardcover allowed on the property in the 0-75' zone' includes the following: House � � 860 s.f. Patio area 360 s.f. Total (zone area = 3550 s.f. ) 1,220 s.f. or 34.4� : �.�. The applicant shall remove�.the plastic-underlaid• landscape areas . � to the north and south sides of the house. B. 75-250 ' zone. Hardcover allowed is as follows: • Existing house 273 s.f. Existing porch 96 s.f. Existing porch 84 s.f. New garage 784 s.f. � Revised driveway area 370 s.f. Revised sidewalk from garage to house 120 s.f. � Total (zone area = 4087.5 s.f. ) 1,727 s.f or 42.3$ • The applicant is required to complete the hardcover removals and � revisions prior to final inspection of the new garage structure. . See exhibit "A" attached for il lustration of approved hardcover. ' , , 2. Applicant is advised that no additional hardco�ver will be allowed � on this property, and any future proposals to increase hardcover on I the property might be approved only in conjunction with concurrent � removals of existing hardcover, resulting in no net increase in � hardcover on the property. � 3. The property owner shall not block the existing culvert leading � _from his property across Baldur Park Road, nor shall he cause the flow � through such culvert to be impeded in any way. � 4. Authorities granted with 'this resolut 'ion 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 (May 9, 1989 ) . 5. 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 misdemeanor. • Page 3 of 5 .:��;:�d Cit o� ORONO tk�t ,, � • �;�� R�SOLUTION OF THE CITY COUNCIL �. . ' � ' .� NO. 2431 ,�, ,�,_ • • 6. 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. Adopted by the Orono City Council on this 9th day of May, 1988. ATTE T: _ or y al ' , City Cle k Ja es R. Grabek, or ` U . ( li�.- Proper Owner(s) - • ; ! � i , � � � { � ! � i , f • . Page 4 of 5 ; � r :� . � .4 . �� d Cit o� ORONO �, , � � `µ . RESOLUTION OF THE CITY COUNCIL ;.� � :� NO. 2431 '��• � • • � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On t h i s ��-pQ. d a y o f �(,�.i'1�. , 19 8� before me a Notary Public within and for said county, personal 1y appeared �Ohr1 G. and Nla�.�.reer� iQ. Ny au�'s-� 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. Ot�/1.(.Glc�- . �.C.�—.Qi�/,riL, Patricia L• Petersun NO ARY PUBLIC '. VOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY • _ My commission explres 7-15-93 - �l-/S-�.3 . 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. � ; � . f ,.. NOTARY PUBLIC E I � , MY COMMISSION EXPIRES : • � � Page 5 of 5 n,, � . � s�' .ti�. _ . - . . . . ' _ . s '.� . . . - . . ` '.. ' . . � _ _ - F_ � C�; . O `� oA . �� ! O � M O�0 � r��"� � N � • A, Y — �' r�� "' ��, p N r r� �. c: '1 � t/1 � , ��'l ,___ - • � N � � � � ., .. L, . `' - ' . . 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