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HomeMy WebLinkAboutResolution 25196 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2519 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 10 AND GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (D) AND SECTION 10.03, SUBDIVISION 15 (F) FILE #1342 WHEREAS, David & Valerie Petersen (hereinafter "the applicants") are the owners of the property located at 1125 North Arm Drive within the City of Orono (hereinafter "City") and legally described as follows: Lots 23, 30 and that part of Lots 22 and 31 lying North of the South 14.5' thereof "Skarp and Lindquist's Fernhill Lake Minnetonka" according to the recorded plat thereof, Hennepin County, Minnesota • (hereinafter "property"); and WHEREAS, the applicants have made application to the City of Orono to permit the construction of a detached garage located less than the required 10' from the side lot line, requiring a variance to Municipal Zoning Code Section 10.03, Subdivision 15 (F), and which structure is technically located on a through lot, requiring a conditional use permit approval per Section 10.03, Subdivision 10, and such structure being located nearer the street lot line than the front line of the house, requiring a variance to Section 10.03, Subdivision 9 (D). NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1342. 2. The property is located in the LR -1B Single Family Lakeshore Residential Zoning District. 3. The property is approximately 0.6 acres in area. Page 1 of 5 • i City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2519 4. The Orono Planning Commission reviewed this application on October 3, 1988 and recommended approval of the conditional use permit for an accessory structure on a through lot, finding that the proposed garage location will be in keeping with similarly situated garages in the neighborhood, and will not alter the character of the neighborhood. The Planning Commission further recommended approval of the proposed variance to allow construction of a garage nearer the street lot line than the front line of the house, finding that the existing house on the property is located near the west end of the property, at the end of a long driveway accessing at the east end of the property, hence the proposed garage location near the house will be approximately 160' from the front lot line, and will have no effect on the character of the neighborhood nor block any views enjoyed by traffic or neighboring property owners. The Planning Commission further recommended approval of a side setback variance of 5', to allow the proposed detached garage to be constructed 5' from the side lot line, based on the • following findings: A) Topographical concerns and the contours and layout of the existing driveway and parking area are adequate hardships to justify a setback less than the 10' minimum setback normally required, due to the applicants' need for an adequate back-up apron. B) The Planning Commission finds no jusification to allow the requested 1' side lot line setback, finding that the garage can be lined up with the lot line at a distance of 5' and still accomplish the applicants' objectives. Furthermore, the requested 1' setback would potentially create a drip line from the garage roof onto the property line or onto the neighboring property, in effect transporting drainage directly to the neighboring property. 5. The City Council finds that the conditions existing on this pro- perty 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 properties; 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. Page 2 of 5 • City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2519. 6. The City Council f inds that granting a conditional use permit to allow the accessory garage structure to be constructed on this through lot will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives -of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to allow the detached garage structure to be constructed nearer the street lot line than the front line of the existing house, and grants a variance to Section 10.03, Subdivision 15 (F) to allow such garage structure to be located 5' from the side lot line where a 10' side setback • is normally required, and grants a conditional use permit per Section 10.03, Subdivision 10 for construction of an accessory structure on a through lot, subject to the following conditions: 1. The proposed garage shall be located at least 5' from the side lot line, and the grading around the garage shall be such that no additional drainage is directed to the neighboring property. t 2. Authorities granted by 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 the special conditions of this resolution will expire on that date (October 10, 1989). 3. Violation of or non-compliance with any of the terms and condi- tions 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. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 U • 1988. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2519. Adopted by the Orono City Council on this 10th day of October, Page 4 of 5. • • STATE OF MINNESOTA COUNTY OF HENNEPIN City of ORONO ss. RESOLUTION OF THE CITY COUNCIL NO. 2519 On this S'Al' day of �-0-0 Q� 198S"' 98a before me a Votary.Public ithin and for said county, personally appeared Q,�) �� - -. 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. NAAB HENNEPIN CoMINTYrA My commission expires 9-8-92 STATE OF MINNESOTA )ss. COUNTY OF HENNEPIN NOTARY PUBLIC 9� MY COMMISSION EXPIRES On this 5-01 day of e 0-P_.r-"-I9JL✓ , 1980, before me ayoo- ary, Publ ' within and for said County, personally appeared )1�� 'r' 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 NAAB � PUBW - MINNESOTA HENNEPIN in�aN 0 9 -?-q a MY COMMISSION EXPIRES Page 5 of 5