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Home My WebLink About#2982-variances-1991 /� �� //'' ' O i� � � : �� - �� CI�Y of ORONO '�� ';��: �, �„' , � ,� � , , c� ! � �� P�'��'Y �y, G'�'�� RESOLUTION OF THE CITY COUNCIL \ ��41.I��'��p4�� NO. 2982 ESH A RESOLIITION GRANTING VARIANCES TO MIINICIPAL ZONING CODE SECTION 10.03, SIIBDIVISION 14 (C) AND SECTION 10.28, SUBDIVISION 5 (B) FILE #1652 WHEREAS, Daniel and Barbara Fleischman (hereinafter "the applicants") are owners of the property located at 500 Hanlon Avenue within the City of Orono (hereinafter "City") and legally described as follows : Lot 1, B1ocY 14 , Minneton}:a Bluffs, Hennepin County, Minnesota (hereinafter "the property") ; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.28 , Subdivision 5 (B3 and Section 10.03, Subdivision 14 (C) to permit the constructicn of a deck to be located 22' from the south side lot line where a 30' side setback is normally required, 11.3' from the north side street lot line where a 50' setback is normally required, and 28' from the rear lot line where a 50' setback is normally required, and a variance to allow 22$ lot coverage by structures where only 15$ lot coverage by structures is normally allowed. NOW, THEREFORB, BB IT RESOL"VED by tne City Council of vrono, biinnesota: FINDINGS 1 . This application was reviewed as Zoning File �1652. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District. 3 . The Orono Planning Commission reviewed this application on June 17, 1991 and recommended approval of the proposed variances based upon the following findings: a ) The small lot size, being only 6, 475 s.f. but subject to standards normally applied to lots of 87 , 120 s.f., � -� is a distinct hardship in that no improvements to this property could occur without the need for variances. Page 1 of 5 j- -�� O� \\ 'i O O\�'�, ' �. , ,; ; �f-:�- C ITY of ORONO , � � � � �� , ��, �� , �,; F � ��"��! RESOLUTION OF THE CITY COUNCIL ,�, ;� ti�i .� '�',;��j// �kESH� � NO. 2982 b) The proposed deck continues existing lines of the house and except for the proposed stairway at the west side of the deck, encroaches no closer to the street than the existing house. c) The proposed deck replaces a pre-existing deck of slightly smaller square footage in the same location. d) Without this deck, two of the three main doorway entrances to the residence will become only marginally useable due to their elevation above grade. 4 . The property does not contain a garage. Zoning Code Section 10.03, Subdivision 14 (C) allows lot coverage by principal residence and garage structures of at least 1500 s.f. for any developed property, regardless of the resultant lot coverage percentage. In this case , the variance is necessary because for lot coverage purposes the deck is not considered part of the principal residence. However, granting of the lot coverage variance is justified on the basis that replacement of a pre-existing deck structure will not tend to increase the visual ciensity of the neighborhood. 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 heal+h, 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 5 / //'� \\ � � � /�//O O��\\�1 '� �� CITY of ORONO � �- . ,� �;� f,�� , ��'+, �6E ,'�; ��a,.�� c�� `"��,�� ,. �'�� RESOLUTION OF THE CITY COUNCIL .� 'i'�,;��='d�;;.:;�� 'i �kESHOg'�/ NO. 2 9 8 2 CONCLIISIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to r?unicipal Zoning Code Section 10.03, Subdivision 14 (C) and Section 10.28, Subdivision 5 (B) to permit the construction of a 16' x 20' deck with 4' x 10' stairway, located 22' from the left side lot line where a 3Q' setback is normally required, 11.3' from the north side street lot line where a 50' setback is normally required, and 28' from the rear lot line where a 50' setback is normally required, and grants a variance to allow 22$ lot coverage where only 15� lot coverage is normally allowed, subject to the following conditions : 1. Applicant is advised that future proposals to increase lot coverage by structures on this property will not be looked upon favorably by the Council. 2 . Applicants shall construct the deck per the approved plans. Any changes from those plans which increase the size or extent of the deck shall be subject to further City review. 3. 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 (July 8, 1992). 4 . 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. 5. 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. Page 3 of 5 /� O � �\ �/ � � \��. i� ��O . O �,y " � CITY of O�iONO ,; �� ,�,� �,� r,,��. � �., �a ` , ' �� `�'��'�`� '�'�� RESOLUTION OF THE CITY COUNCIL ��<ql�x'."��g,�� 2 9 8 2 ESH NO. Adopted by the Orono City Council on this 8th day of July, 1991. ATT ST: j �� -- � ` /Y�J`' '" /��-�L� l� ( (i`�-.0� � ��--�� othy . Hallin, City Clerk Barbara . Peterson, I�Sayor , � �� I i ^ t ��'C/ i� Property Owner s � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of July, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a I�?innesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. VEE ,� (/X�- NOTARY PUBUC - MINNESOTA � HENNEPIN COUNTY tdOt y Pub11C -+ t, My commission expires &12-98 Page 4 of 5 �'�� 7 � Iji�O O \` - . �' ` CIT�' of ORONO � r. 4 , � �� t�, � E f -��` �� "��'��`�� '�-�� RESOLUTION OF THE CITY COUNCIL � '! ,,�.IR,.,.�g�`v�.�j �/ L 2982 \�.IfE�� NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On thi s �� day of �T(,� � U ► 19 9 � before me a Notary Public within and fo said county, personally appeared Bar' bca�� 2 �� r'�-ian � io%n�- Du� n �r known to me to be the person(s) desc d in and who executed t e foregoing instrument, and acknowledged that he (they) executed t free act and deed. LINDA S. VEE n � NOTARY PUBUC - MINNE30TA ` f/ HENNEPIN COUNTY �� f1�1� My commisslon expires &12-98 Not ry Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On thi s 9� day of �Gc �� , 19 9 � before me a Notary Public within and for said county, person�� appeared J'� Q� i e % /�/,� i SC�i ma n , I�b in-� O G�Y»i' known to me to be the person(s) des ri ed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) f ree act and deed. � � �� LINDA S. VEE Nota'r PUb1iC , NOTAnY rU6LIC - MINNESOTA y . �;-�,;�;��,,r: CQUNTY �� nAy ..omn-�,s:-.,, �xaire� �3-12-96 �M��v�,.- . � � Page 5 of 5