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HomeMy WebLinkAboutResolution 2530City of ORONO RESOLUTION OF THE CITY COUNCIL n,. NO. 2530 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10. 2, SUBDIVISION 2 FII #1345 WHEREAS, John Theobald (hereinafter "the applicant") is the owner of the property located at 4017 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: That part of Lot 4 lying Westerly of a line running from a point on the Northerly line of Lot 4, distant 30.5 feet Westerly from the Northeast corner thereof to the Southwest corner of Lot 4, and all of Lots 5 and 6, Highwood Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the Construction of a detached garage which will result in hardcover in the 75- 250' lakeshore setback 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 #1345. 2. The property is located in the LR -1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 17, 1988 and recommended approval of. the proposed variance based upon the following findings : A) The applicant has revised his request from an original request for additional variances for accessory structure floor area and structure -to -structure setback. The current proposal agreed to by the applicant will need no structure -to -structure setback variance and no accessory structure floor area variance. The Planning Commission found no adequate hardships to justify granting of variances for the structure -to -structure setback or accessory structure floor area variances. Page 1 of 4 • • City of oRolvo RESOLUTION OF THE CITY COUNCIL NO. 2530 7��_'Existing hardcover in the 75-250' zone is 30.3% where 25% is normally allowed. Planning Commission finds that there is adequate existing hardcover that can be removed or constructed above that no increase in hardcover above the existing 30.3% is appropriate. C) The applicant proposes 'to face the garage doors to the side, hence the 10' street setback for that structure is allowable. 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 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 applicant, but is necessary to alleviate a demon- strable 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 one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a detached garage which will result in hardcover in excess of the 25% hardcover normally allowed in the 75-250' lakeshore setback zone, subject to the following conditions: 1. Only one accessory garage structure shall be allowed in the 75- 250' zone. Such structure shall not exceed 1,000 s.f. in total floor area. 2. In the event that the property owner constructs a new garage in a location that does not conflict with the existing garage structure, the existing garage structure shall be removed immediately upon final inspection of the new garage, or six months from the date of building permit issuance for the new structure, whichever is sooner. 3. Final hardcover in the 75-250' zone shall not exceed the existing 5,816 s.f. or 30.3%. 0 Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2530 4. The property owner is advised that the existing shed structure in the 0-75' lakeshore zone is considered a non -conforming structure and is subject to the pertinent ordinances governing such structures. 5. 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 24, 1989). 6. 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. 7. 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 24th day of October, 1988 ATT T: City Clerk J C Propmrfy \Qwner ( s 0 Page 3 of 4 . Gra qqvW CITY OF STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) City of ORONO- -- RESOLUTION OF THE CITY COUNCIL NO. 2530 On this day of 198 before me a Notary Public within and for said county, personally appeared cl© f{ti)(-r'�r� (3 H L -D 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. tt ;i PATRICIA L. OSNIONSON NOTARY PUBLIC—MINNESOTA HENNEPIN COUNTY My Commission Expires Feb. 9, 1992 x � • STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC MY COMMISSION EXPIRES On this day of 198; before me a Notary Public within and for said County, personally appeared KAP6-&) 6-n) -F/4e0 aA L n 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. m PATRICIA L. OSMONSON NOTARY PUBLIC --MINNESOTA E! HENNEPIN COUidTY My Commission Wires Feb. 9, 1992 NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4