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HomeMy WebLinkAboutResolution 2466 :� *���= d Cit of ORONO � � � RESOLUTION OF THE CiTY COUNCIL � �� NO. 2466 • � • • � A RESOLUTION GRAI�TING AN AFT$R-THS-FACT VARIANC$ TO MIINICIPAL ZONING COD� . : SECTION 10.61, SOBDIVISION 5 (A) , , FII.$ #1283 � WH$R$AS, Gary L. Escher and Beth Escher (hereinafter "the applicants") are the owners of the property Iocated at 3556 Livingston �•�� � ��Avenue within the City of Orono (hereinafter •"City") and legal ly described as Lots 20 and 21, Block 3, Navarre Heights, Hennepin County, Minnesota (hereinafter "the property"); and WHBR$AS, the applicants have applied to the City for an after- the-fact variance to Mun3.cipal Zoning Code Section 10.61, Subdivision 5 (A) to permit a storage addition to the existing garage constructed without the benefit of permit review, located 1/2' into the property located to the north instead of ineeting the required 10' setback from the rear lot line. NOW, TH$REFOR$, BB IT R$SOLVED by the City Council of Orono, • Minnesota: . FINDINGS •, 1. This application was reviewed as Zoning File #1283. ,.; � 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District requiring a 1/2 acre or 21,780 s.f. The sub ject property consists of 13,200 s.f. or .3 acres. 3. The Orono Planning Commission reviewed this application on June 6, : 1988, and recommended approval of a rear setback variance subject to an amendment of the original plans submitted by applicant based upon '�� the following findings: -,; A) A storage addition that encroached the adjacent property to the north had existed on the property prior to the current . construction. d`� B) The original storage addition encroached the 10' required ; side yard setback along the east lot line. The new addition has been constructed so that _only a rear setback is required. . I # C) The addition to the rear of the existing garage allows the �,A_} maximum use of the limited rear yard area. � .f• � 4. The City Council has considered this application including the � � • findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the ef£ect of the proposed °;�'� variance on the health, safety and welfare of the community. `��� Page 1 of 4 ��;� . . � d C�ty of ORONO • RESOLUTION OF THE CITY COUNCIL � � NO. 2466 • � • • . 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 adverseiy 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 necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. . CONCLDSIONS, ORDB�R AND CONDITIOIdS ` Based upon one or more of the findings noted above, the Orono City Council hereby grants an after-the-fact variance per Municipal Zoning Code 5ection 10.61, Subdiv3sion 5 (A) to permit the construction of • approximately a 6�x30' storage addition to the existing garage requiring a 9' setback variance to the rear lot 1ine, subject to the following conditions: 1. The existing addition constructed without the benefit of permit review, shall be altered by removing 1'�' along the north side of the '�' structure maintaining a minimum setback o� 1' £rom the rear lot line. :_; The newly constructed rear side of the storage addition, running 30' along the north property� line, shall be constructed as a fire- resistive wall with a 1-hour rating. � 2. Authorities granted with this after-the-fact variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit by August l, 1988 or �,'., this after-the-fact variance will expire on that date (August 1, 1988). Applicant will also be expected to pay a penalty fee at the ':°;' time of the issuance of the building permit. .::� 3. 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 te=minate any authority granted � herein, and shal 1 be punishable as a misdemeanor. �; �;.; 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, thei� :�� heirs, successors and assigns, hereby agree to the recording of this ?�;� • resolution in the chain of title of the property. .� . YI� :Y:, �. ''` � Page 2 of 4 .J . �'A' -.� � � . . :: � c�t � o� oR,oNo � • ����'� ' RESOLUTION OF THE CITY COUNCIL � � NO. 2466 . • - • • Adopted by the Orono City Council on this llth day of July, 1988. ATT T: � othy M allin, City Clerk Jam s R. G abe , Mayor . p.,u.- ���� ' � Pr erty Owner(s) � • • �y ��� }*'`j . . . . � - � .5 . ' • rF� �. � ° Page 3 of 4 �rY•.:�� � . ' � ' . .. �� " �� � b � ` � ,r ; � �: ..- d Cit o� ORONO � - �' �i � ~ti Q� RESOLUTION OF THE CITY COUNCIL ,� � � NO. 2466 ;� .. • � • • n� ;� �` • � STATE OF MINNESOTA ) '� ) 3S. :�, COUNTY OF HENNEPIN ) ;ti . _ ,� '�� On this ��� day of � 198� � before me Notar Public within an for aid county, personally �;; appeared'���' �� �- -2�i /�- n� � �Q.� � kn�wn t• me t e 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. :�:; ;, - '' � , :-,; . � �� NOT Y PUBLIC `'� ��Rp�p�'MINNEA.80TA .�� • �q�ao��aN9's'� � T .,. _g�9� �� ; �• � MY COMMISSION EXPIRES :� ,: ,., STATE OF MINNESOTA ) )ss. `� � COUNTY OF HENNEPIN ) ;�; On thi s day of , 19 8 , bef ore me a Notary Public within and for said County, personally appeared • known to me to be the • ' person(s) described in and who execufied the f oregoing instrument, �� and acknowledged that he (they) executed the same as his �_.�:; (their) f ree act and deed. ,,. ;,� ::�;� ;�:; ,::; .� �'� NOTARY PUBLIC ,;,:� . •�! ';, . ;j: `%�� MY COMMISSION EXPIRES ' � ?;� • �.;,� Page 4 of 4 �y ��:� ♦ : '��r; .'tr:� . ' . . . d�.� + �a� ;.,, .