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Home My WebLink About#3977-variances-1998 , � O ' V � O �� - CITY of ORONO � � ti �� G~' RESOLUTION OF THE CITY COUNCIL t9kESH04� NO. �C�"7T- A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.23, SUBDIVISION 6 (B) AND 10.03, SUBDIVISION 9 (D) FOR CONSTRUCTION OF A GARAGE AT 980 WEST FERNDALE ROAD FILE #2295 WHEREAS, Conley Brooks, Jr. (hereinafter "the applicant") is owner of the property located at 980 West Ferndale Road within the City of Orono (hereinafter "City") and legally described as follows: E�ibit A attached (hereinafter "the property"); and `VHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.23, Subdivision 6 (B) and 10.03, Subdivision 9 (D) to construct a detached garage located nearer the front or street lot line than the principal building on the property where no accessory structures are normally allowed, and located 1' from the street lot line where the required front yard setback is 50'; and has requested a variance to allow such structure to encroach 6' into the required 26' setback from a City protected wetland where no structures are normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2295. 2. The property is located in the LR-lA, Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 15, 1997, and on a vote of 6 to 1 recommended conditional approval of the Page 1 of 6 � o� 0 0 �d _- C ITY of ORONO � � ti �� '�' RESOLUTION OF THE CITY COUNCIL �9kESH�g'� NO. e� � l �' proposed variance based upon the following findings: A. There is no hardship for granting the wetland setback variance, and the proposed structure should be reduced to 18'x24' and must meet the 26' wetland setback. B. The hardship for approval of the 1' street setback is that the pre-existing garage which has been located at this site for many years cunently encroaches 2.8' into the right-of-way of Ferndale Road, and the new garage will eliminate this encroachment. C. The hardship supporting the location nearer the street lot line than the existing residence structure is the orientation of the property and the proximity of the proposed garage location to the lakeshore, providing applicant with storage for lake oriented equipment at a location relatively nearer the lakeshore than the existing residence. 4. The City Council has reviewed the proposal and finds that a garage no larger than 12' x 15' is appropriate given the severe limitations of the site, and that such garage should meet the 26' wetland setback and meet a 7' setback from the right- of-way. 5. 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. 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, 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. Page 2 of 6 d � o� o � o � -b - CITY of URONO � � � � �- �, �� '�' RESOLUTION OF THE CITY COUNCIL �kESH�g' N0. i3 � � 'd CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.23, Subdivision 6 (B) and 10.03, Subdivision 9 (D) to permit the construction of a detached accessory garage structure located 7' from the street lot line where a 50' street setback is normally required, and located nearer the street lot line than the principal residence structure on the property where no accessory structures are normally allowed, subject to the following conditions: 1. The garage shall be limited to 12'x15', one story in height, and shall meet the required 26' wetland setback and a 7' front setback. The requested wetland setback variance is hereby specifically denied. The garage door shall face to the side, and per applicant's proposal, shall not have a driveway leading from West Ferndale Road to the garage door. 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 (October 13, 1998). 3. 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. 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 ajrees to the recording of this resolution in the chain of title of the property. 5. This variance approval shall not be effective until such time that applicant has provided to the City adequate evidence that the separate tax pazcel on which the subject garage will be located has been legally combined �vith applicant's homestead tax parcel at 980 West Ferndale Road. Page 3 of 6 � °� . /o 0 ' A� CITY of ORONO I � `6 Y"I � � \�� G'�' RESOLUTION OF THE CITY COUNCIL t9kESH�g'� NO. c� 9 � "Z Adopted by the Orono City Council on this 13th day of October, 1997. ATTEST: . i . ��/� �� .��,U_%::.� ,�f" : (l D ' , City Clerk Gabri Jabbour, Ma r �/n�' u S, � �� Property wner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument w s c owledged before me on this 13th day of October, 1997, by Gabriel Jabbour ��`•'� � , y ty ty � . �� Ma or & Ci Clerk of the Ci of Orono, a Minnesota municipal corporation and said instrument �vas executed on behalf of the City. . �, ,�' s� . � �.�.�=��-yc.--Q� � '••• JAMIE L GEMAR Not Public `` NOTARY Pl18LIC-IuqNNESOTA ' -� • ' HENNEPIN COUNTY : � •,..••° Mly C�Sion Expires Jan.31,2000 Page 4 of 6 � o� o � o d . CITY of ORONO � � ti �� ,'�' RESOLUTION OF THE CITY COUNCIL 9kESH�4� NO. e� 9 '7 ''7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this S-�%� day of `�J;.,��U�,<, , 199�' before e�a Notary Public within and for said county,personally appeared '6-, E;;� , ,' � �a.Le-� ,�/� �.,-�.��-iK ,��L �i�..y-� known to me to be the person(s) described in " d �v o executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. ;; JAMIE l.GEMAR NOTARY PI�LIFMINNESOTA ��,�� HENNEPIN COUNTY 4:�7�C,�. " ^��x"-�'�h/ ``•�� My Commission E�ires Jan.31,2000 NQ`j' 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 Page 5 of 6 EXHIBIT A • RESOLUTION N0. 3977 ,.�a�; Jescriptir,n ' A_• '»►� a` the tolfawing described Cract: lot 24, CQuntry Club Estates, �tec��epin County, ��^.:.ssota, according to the ptat thereof on fi►e ar of record in tl�e otftce of.ihe Regist�ar o( 1'ities in and for said Country;eXcepf that part ot said'Lot described as foitaws: Commencing: �at tfie most Sauthe�ty comeF qf said Loi 24; thence Nocthweste�ly alor►g tt'►� $out�iv�este�e � ' ofi,said l,ot a distance of 26.6 f�et; thence Nort_heasterfy defiecting to ttie rig}it at an angl�pi' 88 tiegrees and 18 Rtirwbes tc the north (ine..of sa�t Lot 24;thence East along the NQcth.lt�p of sai� �.ot to the mosf �}aitherty comer af Lot 23 in said Country Club Esiates,"Hennepin �ounty, � A�nriesota; �hence Southi�►est��ty afoi�g the I'ine behn�een said Lots 23 and 24 to the ��int:pf_ , , begEs3nin�, which.lies S�4uther�y'�f� C�rte drawn fro��g polnf oh the West iine of s�id L4t�tstant_ 20'� f�t 5uu�h ctf 4he Nort�iwest c�m�r of said fot, through a poir�f�ot� the Southeasterty {iKe ot : <_-�;c: {_ci �istant 300 teet Southwesterly af tl�e Northeastetly c�amef of said iot. ►'rorr�rZs Prope�fy} '; ' ..: � E'. �ot 4, Nofth Shore Coftage Acres, lake Minnetonka, except that part desc�ibed as foltqws; Ca�mencinp at ihe Northeast comer of said.Lot 4; thence South along the East,lirte th�tapf 487��t;�nCe we�terty at an ar�gle of 88 degress�30 minutes to the right, ta�pb�►tt m fhe` Westerly�� of sai� Lot�4; tfie►�,�e Northerly aloi►g the Westeriy line of said l.oE�4'to�tt►e tnvst Easterty comer of Lot 5 of sa9d Addkfo�r;.ttren�e Narihwestt,riy aipng�tf'We��'�e of,�s�'td lot 4 to the most Westerty �omer of sald to#4; th�ce Narttieasterty.alo�g;f�re�orthwest�ly !i►'� of.5aid Lot 4 to the most Northerly oorrier of said Lot 4; thence Sautf►easteriy atong the No�theriy line of satd Lot 4 to poirrt of beginnirtg. N. A.'�o th�t part of L;ot 5, North Sd�ore.Cottage Acres descnbed as ioi�ows: 8eginr�M��t:tfie ,� 3o�ttheast comerqf sa(d Lot 5, thence atong the South Iine of s�d Lot i�► a(�'ortr[�s�er#�,;�.;,. :.�. .. direciiorl,'to�a poirit 9{i feet ftom said ptace oi.beginnmg; thartc+e in a�Nort�iweat�r#y"di�ct�qrr:on a siraight lir►e to a pdint�on �aid�ast Lot fine, 98,1 feet North:ot the �outhe�st conter of sa}d Lot; tfierrce Souih 81ong th� East iir�e of said �Qt to the plac,a.af beginnmg. �