HomeMy WebLinkAboutResolution 2556•
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2556
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
FILE #1346
WHEREAS, Einar Hagberg (hereinafter "the applicant") is the owner
of the property located at 740 North Arm Drive within the City of Orono
(hereinafter "City") and legally described as follows:
Lot 4, Auditor's Subdivision No. 362, 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 storage garage which will increase the hardcover
in the 75-250' lakeshore setback zone in excess of the 25% hardcover
normally allowed in that zone.
•NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1346.
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 November 21, 1988 and recommended approval of the
proposed variance based upon the following findings:
A) A significant percentage of the existing hardcover in the 0-
75' zone and a small percentage of the hardcover in the 75-250'
zone is due to an existing gravel driveway providing access from
the higher rear of the property to the lower lakeshore, and from
which the City derives some benefit by its existence due to the
ability of the City to use that driveway for maintaining the
existing sewer line, hence the area of that gravel driveway
should be excluded from both numerator and denominator of the
hardcover calculation, thereby reducing the hardcover percentages
on the property.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2556
B) The applicant has agreed to remove 694 s.f. of existing
hardcover on the property, which will result in removals of
hardcover in excess of the square footages to be added, resulting
in an overall hardcover decrease on the property. In addition,
the areas of hardcover to be removed are much closer to the
lakeshore then the proposed garage structure.
C) The existing house and property contain little existing
storage area. The request for additional storage space is
reasonable. Applicant has a number of bulky items which must be
stored.
D) The Planning Commission finds that additions to the existing
attached garage are not feasable because:
1. An addition to the west end of the garage would
encroach within 1' of the south lot line.
2. The entryway layout and topography prohibit a
• reasonable addition north of the existing garage.
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 storage
garage which will increase hardcover in the 75-250' setback zone in excess
of the 25% hardcover normally allowed in that zone, subject to the
following conditions:
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•
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2556
1. The storage garage shall be placed in a location at least 5' from
the existing sewer line near the north line of the property.
2. Hardcover on the property shall be limited to the following in the
0-75' zone: (Area of zone = 11,100 s.f.)
Boat House
533
s.f.
Deck
96
s.f.
Patio
192
s.f.
Walks
248
s.f.
1,069 s.f. or 9.6%
Hardcover in the 75-250' zone shall be limited to the following: (Area
of zone = 21,700 s.f.)
House 1,659 s.f.
Concrete Walks 567 s.f.
• Retaining Walls 103 s.f.
Decks 636 s.f.
Bituminous Driveway 1,428 s.f.
Rock & Plastic 786 s.f.
Portion of Detached Storage
Garage 480 s.f.
TOTAL 5,659 s.f or 26.1%
(1,956 s.f. gravel driveway has been omitted from these calculations
per the Planning Commission recommendation)
Hardcover in the 250-500' zone shall be limited as follows: (Area =
of zone=3,000 s.f.)
Bituminous Driveway 900 s.f.
Portion of Proposed Garage 96 s.f.
TOTAL
996 s.f. or 33.2%
3. The property owner shall remove 593 s.f. of plastic from rock bed
areas in the 75-250' zone, and shall remove the 101 s.f. shed
structure from the 0-75' zone, prior to issuance of a building permit
for the new detached garage.
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C
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2556
4. The property owner is advised that no additional hardcover will be
allowed on the property, and that any future proposals to add
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.
5. The property owner is advised that the existing boat house
structure near the lakeshore on the property is considered a non-
conforming structure and is subject to the ordinances pertaining to
such structures.
6. The applicant shall grant a utility easement for the existing
sewer lines, legal description etc. to be provided by the City.
7. 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 (December
12, 1989).
• 8. 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.
9. 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 12th day of December,
1988.
M. llin, City Clerk --- Jameq R. Gra
\\J1 n
Property Owners)
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City of ORONO
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
RESOLUTION OF THE CITY COUNCIL
m
2556
On this / L day of , 198d_
before me a Nota y Public within and for said county, personally
appeared' , known to me to be
the person(s) descr bed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
Q19Pikk JONN R. GERHARDSON
NOTARY PUBLIC -MINNESOTA
HENNEPIN COUNTY
04 WMMLVM Wq*G3 W,2&0
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
6l
NOTARY PUBLIC
1,2 �P/p 7
MY COMMISSION EXPIRES
On this )a4' day of GcAA , 198$ before me
a Notary Public within and for 6aid Countk, personally appeared
f5) �no-A n 4n0h_QAG known to me to be the
person(s) described inland who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
TMERESA L NAAB
�HENNBAny P PIH COUNTYr�
N►88-92
MY COMMISSION EXPIRES
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