HomeMy WebLinkAboutResolution 2812 \
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� � Clt� o� ORONO
• Q�'I RESOLUTION OF THE CITY COUNCIL
� NO. 2 812
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A RESOLDTION GRANTING
VARIANCES TO
MiJNICIPAL ZONING CODE
SECTION 10.22, SDBDIVISION 2 AND
SECTION 10.23, SIIBDIVISION 6 (B)
FILE #1529
WH$R$AS, John Thiesse (hereinafter "the applicant") is
the owner of the property located at 3845 Bayside Road within the
City of Orono (hereinafter "City") and legally described as
follows :
Lot 62 , Auditors Subdivision #203 , 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
and Section 10.23, Subdivisiori 6 (B) to permit the construction
of an attached garage located 24' from .the north side 1ot line,
• and 9.3' from the south side lot line, where 30' side setbacks
are normally required, and located 6.7' from the street 1ot line
where a 50' setback is normally required, and increasing the
hardcover in the 75-250' setback zone to 50.4$, where only 25$
hardcover is normally allowed.
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NOW, THEREFOR$, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1 . This application was reviewed as Zoning File #1529 .
2. The property is located in the LR-lA Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on May 21, 1990, and recommended approval of the proposed
variance based upon the following findings:
a) This is the only feasible location for a garage on
the property.
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.� .�� C�t o� ORONO
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• C�'ll y�:^' RESOLUTION OF THE CITY COUNCIL
. � y NO. 2 812
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� b) Hennepin County has given the applicant a verbal
approval of the driveway layout proposed.
c) The proposed garage and driveway location will
leave adequate room for parking vehicles off the
traveled roadway.
d) Other possible garage configurations would require
additional variances but provide less functional access
to the garage.
e) Because the adjacent property to the northeast is
an outlot required to be maintained for lake access
purposes for properties within the plat of Bayside
Landing, this area which the applicant currently
maintains appears visually a part of applicant's yard
� area and reduces the impact of the additional structure
• on visual density in the neighborhood.
f) There is no excess hardcover on the property which
can be feasibly removed to reduce the hardcover
percentage on the property. There is no hardcover in
the 0-75' zone. The extremely small size of the lot
(approximately 8 , 000 square feet) and the fact that
there is no additional land available to be purchased,
are hardships to the property which help justify
granting of the variances.
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 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.
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� C�t o� ORONO
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Q�`I RESOLUTION OF THE CITY COUNCIL
� NO. 2812
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CONCLOSIONS, ORDffit 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 a1 low 50.4$ hardcover in the
75-250' setback zone where only 25� hardcover is normally
allowed, and grants variances to Section 10.23, Subdivision 6 (B)
to allow construction of the proposed attached garage located
9.3' from the south side line, 24' from the north side lot line,
and 6.7' from the street lot line, subject to the following
conditions:
1. Hardcover on the property sha11 be limited to 2,230
square feet or 50.4$, in � the areas shown on the attached
survey (Exhibit A). The applicant 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 hardcover increase.
• 2. Authorities granted by this resolution 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 (May 29, 1991).
3. Violation of or non-compliance 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 City Council of the City of Orono,
Min esota at a regular meeting held on the 29th day of May, 1990.
ATT T:
• F � � .
a thy 11in, City C�"k J es R. Grabe ", Mayor�
• _ ' s ..
P� erty Owner(s)
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� Cit o� ORONO
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• (�'j RESOLUTION OF THE CITY COUNCIL
� NO. 2812
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 29th day of May, 1990, 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..y--- . �
tN�E�L N�rM�r�
1IqH���N�e-q2 • /�/l�G�' �
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
• On thi s 3�Sfi day of �(`�1R.�,{ ___, 19 9d
before me a Notary Public within and f r said county, personally
appeared ,,T(�� B. T'Irti ess e. ��•9� �herr� . T-hi-ess�.
known to me to be the person(s) described in and who executed t e
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
�� w JoANNKARENS ` ��
�-^��}~• NOTARYPU�3LlGMI�NESOTA `�
� 4j'�y�`� H�NNEPIN COUNTY �C� /v' �
�:.:.
MY CANM ISSION EXPIRES 74893
" NO Y PUBLIC
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 199_, 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 �
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