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Home My WebLink AboutResolution 2589 5522336 City of ORONO �- w=• RESOLUTION OF THE CITY COUNCIL NO. 2589 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL BONING CODE SECTION 10.23, SUBDIVISION 6 (B FILE NO. 1371 WHEREAS, Robert Minkema (hereinafter "the applicant") is the owner of the property located at 3200 Bayside Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 14, Auditors Subdivision #203, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City of Orono for a -variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of additions to his existing residence, which additions will be located less than the required 50' setback from the front street lot line and less than the required 50' setback from the side street lot line. VOW, THEREFORE, BE IT RESOLVED by the City Council of Urono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1371. 2. The property is located in the LR-1A Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on February 21, 1989 and recommended approval of the proposed variance based upon' the following findings: a. The existing residence is located entirely within th-c required front and side street setbacks, and therefore an;; additions to the existing residence require a variance. b. The plight of the landowner is due to circumstances unic—, to this property not created by the landowner. c. Granting of the variance will not alter the essent~ - character of the locality. d. • The special conditions applying to this strUct1.1 peculiar to this property. I City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2589 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B) FILE NO. 1371 WHEREAS, Robert Minkema (hereinafter "the applicant") is the owner of the property located at 3200 Bayside Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 14, Auditors Subdivision #203, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City of Orono for a variance to'Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of additions to his existing residence, which •additions will be located less than the required 50' setback from the front street lot line and less than the required 50' setback from the side street lot line. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1371. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning.District. 3. The Orono Planning Commission reviewed this application on February 21, 1989 and recommended approval of the proposed variance based upon the following findings: a. The existing residence is located entirely within the required front and side street setbacks, and therefore any additions to the existing residence require a variance. . b. The plight of the landowner is due to circumstances unique to this property not created by the landowner. C. Granting of the variance will not alter the essential . character of the locality. - d. The special conditions applying to this structure are peculiar to this property. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2589 e. The existing residence is unusually close to the front and side street lot lines, which is unusual for properties in the LR - 1A zoning district generally. f. Granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. g. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the zoning code. h. The granting of this variance will not merely serve as convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 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 variances 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 variances 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal- Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of additions to the existing residence which will be located 33.8' from the side street lot line where a 50' side street setback is normally required, and 18.4' from the front lot line where a 50' front setback is normally required, subject to the following conditions: 1. Any changes to the site will place the residential • than the proposed setbacks plan (attached herein as Exhibit A) which additions closer to the affected lot lines will require additional review by the City. Page 2 of 4 • 198 W F, City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2589 2. 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 (March 13,1990). 3. Violation of or non-compli-ance with any of the terms and conditions of this variance 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 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 13th day of March, LT: thy H lln, C' y Clerk Jam s R. Grabe , Mayor l� erty Owner s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foring instrument was acknowledged before me on this 3 egp2 day of ACH , 19�, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. IWtak- Pub id.- LAURI , SCHEFFLER NOTARl' IC — MINNESOTA w a� ✓X" HENNEFIN COUNTY r;„`:•`:�`' My commission expires 6•S-9 My Commiss '�' Page 3 of 4 t I Ikr - { 7A Cityof ORONO 4C. Y i 4 „.„„„, RESOLUTION OF THE CITY COUNCIL `, ``r:OF-.*±= NO. 2589 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this ___It• G day of rne reJ- 198 0 before me a Notary Public within and for said county, personally appeared -1r ') d- k7r lac.L1 Yr, n P Y\ known to me to be the person(s) descred in .and w o executed the . . foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. L/n 1 *i.a . : v' r ' Ar. ma&a NOTARY PUBLIC ler r^.yam q-8' -9a 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 . TRANSFER ENTERED NOTARY PUBLIC per Of PROPU v TAX A PCR:IC RUMS APR 5 .t.:-.t, MY COMMISSION F. r iR S M. a ./ �, s c L. �-.. ` %.4 UEFure Page 4 of 4