HomeMy WebLinkAboutResolution 3188 ♦ t ; ,S' .
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
�kESH�4 NO. 318 8
A R$SOI�DTION GRANTING
AFTER-THS-FACT VARIANCES TO MUNICIPAL ZONING CODE
S$CTIONS 10.25, SIIBDIVISION 6 (B) ;
10.22, SIIBDIVISION 2; 10.56, SDBDIVISION 16 (L) ;
10.03, SIIBDIVISION 14 (C) ; 10.03, SIIBDIVISION 12; AND
A CONDITIONAL IISE PERMIT PER
SECTION 10.03, SDBDIVISION 10
- FIL$ #1755
WHEREAS, Leonard Niska (hereinafter "the applicant") is the
owner of the property located at 2304 Shadywood Road within the City
of Orono (hereinafter "City") and legally described as follows:
Exhibit "A" attached (hereinafter the "property" ) ; and
WHER$AS, the applicant has made application to the City of
Orono to permit the construction of a 140 s.f. storage shed which
,• requires a variance to Municipal Zoning Code Section 10.25 Subdivision
6 (B) to allow a 5'� side street setback where a 15' setback is
normally required, a variance per the same section to allow a front
setback of 20' where a 30' setback is normally required, and a
variance to Section 10.22 , Subdivision 2 and Section 10. 56 ,
Subdivision 16 (L) to allow 41.1$ hardcover where 35$ hardcover is
normally al lowed, and a variance to Section 10.03, Subdivision 14 (C)
to allow lot coverage by structures of 25.8� where only 15� lot
coverage is normally allowed, and a variance to Section 10.03,
• Subdivision l2 to allow a structure-to-structure setback of 3' where a
10' setback is normally required, and requesting a conditional use
permit per Section 10.03, Subdivision 10 to allow an accessory
structure on a through lot.
NOW, TH$REFORE, BE IT R$SOLVED by the City Counci 1 of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #1755.
2. The property is located in the LR-1C Single Family Lakeshore
Residential Zoning District.
3. The property is approximately 0.055 acre in area.
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��� �G�' RESOLUTION OF THE CITY COUNCIL
�kESH�� NO. 318 8
4. The Orono Planning Commission reviewed. this application on
September 21, 1992 , and on a vote of 7-0 recommended
approval of the reguested variances and conditional use
permit based on the following findings:
a. The previous ly existing garage was located partia 1 ly on
the neighboring property, partially in the right-of-way
of Olive Avenue, and partially within applicant's
property. Said garage was in disrepair. Removal of
the garage is an improvement to the neighborhood.
b. Applicant has a reasonable need for storage for yard
maintenance equipment and other items which need to be
secured.
c. Any other location for a storage shed on the property
would require a similar number and magnitude of
• variances due to the extremely small lot size.
d. Placement of the storage shed to the rear of the house
would eliminate the only vehicle parking area on the
property.
e. The proposed removal of existing gravel hardcover
results in a slight decrease from 41.6$ to 41.1$ (500-
1,000 ' zone) .
f. One or more of the above findings constitute sufficient
hardship for granting of the variances and conditional
use permit. -
5. Applicant commenced demolition of the pre-existing garage
and construction of the new shed without obtaining the
appropriate pe�mits for such work after having been advised
of the need for such permits, and commenced ' such work after
making a variance/conditional use permit application but
prior to variance/conditional use permit approval.
6. 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,
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��L �G'�' RESOLUTION OF THE CITY COUNCIL
�kESHOg' NO. 318 8
light,, air nor pose a fire hazard or other danger to
neighboring properties ; would not merely serve as a
convenience to the applicant, but is necessary to al leviate
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.
7. The City Council finds that granting a conditional use
permit to allow the construction of a 140 s.f. storage shed
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 wil 1 it depreciate surrounding
property values and that the proposed level of use of the
property wil 1 be in keeping with the intent and objectives
of the Zoning Code and Comprehensive Plan of the City.
• CONCLIISIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants variances to Municipal Zoning Code Sections
10.25, Subdivision 6 (B) ; ' 10.22, Subdivision 2; 10.56, Subdivision 16
(L) ; 10. 03 , Subdivision 14 (C) ; 10. 03 , Subdivision 12 and a
conditional use permit per Section 10.03, Subdivision 10 subject to
the fol lowing conditions: ;
l. Applicant shall obtain the appropriate demolition permit for
the garage, construction permit for the shed, and pay after-.
the-fact investigation fees for the demolition permit,
construction permit, and variance application.
2. Applicant shall make any changes deemed necessary by the
Building Inspector to bring the storage shed into compliance
with building codes.
3. Applicant is advised that any future request and approval
for construction of a garage on the property will likely be
conditioned on removal of the storage shed.
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�� �'�'� RESOLUTION OF THE CITY COUNCIL
• ��kESHOg'� . NO. . 3188 .
4. Hardcover in the 250-500' zone is approved at a level of
41.1�. All existing and proposed hardcover approved with
this variance approval is recorded in the calculation
worksheet and diagram enclosed with this resolution as page
6. The current property owner and all future owners of this
property are placed on notice that hardcover shall not be
increased above the currently approved level and any
proposed improvements of this property that will result in
additional hardcover must be approved by the City. Such
approval may result in a requirement for concurrent
equivalent or greater removals of existing hardcover. All
existing hardcover scheduled for removal as a condition of
this resolution must be removed within 30 days of the date
of this resolution.
5. 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 the special
conditions of this resolution wil 1 expire on that date
(October 12, 1993 ).
6. Violation of or non-compliance with any of the terms and
conditions of this resolution sha 1 1 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 reso lution 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.
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�� G'�' � ' RESOLUTION OF THE CITY COUNCIL
��kESH��� NO. 318 8
Adopted by the Orono City Council on this 12th day of
October, 1992.
ATTE :
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or thy M. H llin, City Clerk �x , � ��
. Diann Goe n, Acting Mayor
roperty Owner(s)
• STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
*J. Diann Goetten, Acting Mayor,
The foregoing instrument was acknow ledged before me on this
14th day of October, 1992, by*zBa��xx�t�� & Dorothy M. Hallin,
�Ef�xxx� City Clerk of the City of Orono, a Minnesota municipal
corporation� and said instrument was executed on behalf of the City.
��{�Oi.E I►.HAgEMI►N `
HrE Ea�it��COU��� Notary Public �
MY COIAMISSION E%PIAES i��
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��L �G"�' RESOLUTION OF THE CITY COUNCIL
� �kESH�4 NO. 318 8
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this � �� day of V ► 199 �'
before me a Notary Public within and for said �unty, personal ly
appeared ��� � � ���� —
known to me to be the person(s des ibe in and who executed t e
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) � free act and deed.
Q�nu.�
Notar P blic .
STATE OF MINNESOTA ,) _ '�^'•- "- - -- --^-' "�''��
) s s. •.:°•. JAMIE L.BOSMA
:'�' `` : NOTARY PUBLIC-MINNESOTA
� COUNTY OF HENNEPIN ) •y- � HENNEPINCOUPITY .
•�'�MM � My Comm.Fxpires 12-19-97
On thi s day of 19 9
before me a Notary Public within and for said county, personal�Iy
appeared
known to me to be the person(s) described in and who executed the
f oregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed. .
Notary Public
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P.age �' of 7:
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- . EXHIBIT A
. RESOLUTION NO. 3188 .
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LEGAL DESCRIPTION: �
Lot 24, Also that part of Lot 14 in Wiley' s Navarre Addition
� Lake Minnetonka described as follows : Bsginning at the Northwest
corner of said Lot 14; thence Southeasterly 25 feet along the
Northerly line of said Lot 14; thence Southwesterly to a �oint
in the Southwestern boundary line of said Lot 14 distant 20 feet
along said Southwestern line from the Southwest corner of said
, Lot 14, thence Northwesterly along said line to the Southwest corner
of said Lot 14; thence Northeasterly along the Northwesterly line
of said Lot 14 to the point of beginning; all in Hennepin County,
Minnesota. • .
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