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HomeMy WebLinkAboutResolution 2517City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2517 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (C) AND SECTION 10.22, SUBDIVISION 2 FILE 11338 WHEREAS, DuWayne and Connie Schibilla (hereinafter "the applicants") are owners of the property located at 3235 Crystal Bay Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (C) to permit the construction of a detached two stall• garage with storage space below it, •such garage and storage space totalling 1,248 s.f. in floor area where only 1,000 s.f. of floor area is normally allowed in an accessory structure, and a variance to Section 10.22, Subdivision 2 to permit hardcover in the 75- 2.50' zone in excess of the 25% hardcover normally allowed. Minnesota: NOW, THEREFORE, BE -IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1338. 2. The property is located in the LR -1C Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 3, 1988 and recommended approval of the,proposed variance based upon the following findings: A) A detached garage previously existed on the property and that garage was demolished after major damage occurred to it as a result of the 1987 Super Storm. The proposed garage will be in approximately the same location as the former garage. Page 1 of 5 nw Cit of ORONO •RESOLUTION OF THE CITY COUNCIL I NO. 2517 B) The proposed garage of plan dimensions 261x24' will contain a storage area below it due to topography of the site. Each floor will comprise 624 s.f., for a total of 1,248 s.f. This floor area variance is justified from the standpoint that the structure below the upper floor is necessary to support the structure above it, and the lower storage area will be approximately 50% below grade. The garage will not be obtrusive visually in the neighborhood. The lower space will be used only for storage and not for dwelling purposes. The existing residence on the property has only a partial basement, hence this additional storage space in the garage will allow for needed storage space. C) Pre-existing hardcover on the property currently is 29.6% in the 75-250' zone. Staff estimates that hardcover associated with the previous garage and driveway was approximately equivalent of the currently proposed garage and driveway. The • proposed 75-250' hardcover of 39.6% cannot be easily reduced by removing unnecessary minor hardcover areas on the property, since such areas do not exist. 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 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 applicants, 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (C) to permit the construction of a detached two car garage with storage space below, comprising a total of 1,248 s.f. floor area where only 1,000 s.f. of accessory structure floor area is normally •allowed, and grants a variance to Section 10.22, Subdivision 2 to allow 39.6% hardcover in the 75-250' setback zone where only 25% hardcover is normally allowed, subject to the following conditions: Page 2 of 5 C7 City of oRolvo RESOLUTION OF THE CITY COUNCIL m 2517 1. Hardcover on the property is allowed only as follows: 75-250' Hardcover: (Area = 10,700 s.f.) House 1,514 s.f. Sidewalk 91 s.f. Deck 1,570 s.f. Garage 624 s.f. Driveway 442 s.f. TOTAL 4,241 s.f. or 39.6% No additional hardcover will be approved for this property, and property owner is advised that any future proposal to increase hardcover on the property will not be approved, but might be approved only in conjunction with concurrent removals of existing hardcover, resulting in no net increase in hardcover on the property. 2. The storage space underneath the garage is approved under the • condition that the garage and attached space below it may never be used as a dwelling unit, cannot be rented as a dwelling unit, may not have plumbing installed, and -the applicants are advised that the property does not meet the criteria for granting of a guest house conditional use permit. 3. A building permit for the proposed garage shall be issued only after the property owner has signed an agreement that property owner will remove this structure from the "33' public easement for highway purposes" if at some future date the City determines that such easement is necessary for public roadway use. Such agreement to be drafted by the City Attorney. Applicant shall pay any City Attorney fees incurred over and above the original application fee. 4. Authorities granted with this resolution 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 (October 10, 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. • 6. The undersigned applicant have 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. Page 3 of 5 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 2517 Adopted by the Orono City Council on this 10th day of October, 1988. ATT T: ' • • Jams R. G Page 4 of 5 P i yor • city of oR,olvo STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) RESOLUTION OF THE CITY COUNCIL Ve 2517 On this 28th day of October , 198 8 before me a Notary Public within and for said county, personally appeared DuWayne & Connie Schibilla 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. THERESA L. NAAS NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY. I+at 00mrr118ton vqkN 90.92 STATE OF MINNESOTA )ss. COUNTY OF HENNEPIN NOTTRY PUBLIC q-Pr-7� MY COMMISSION EXPIRES 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 Page 5 of 5