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Home My WebLink About#4075-variance-1998 �, . _,� . _ . � O� O O � �� - CITY of ORONO b I�\� �,�, p,,, , !i ` �, i \�� ,'�' RESOLUTION OF THE CITY COUNCIL l � 4 '� ?;� s�;, 9kESH0� NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZOi�1ING CODE SECTION 10.27 SUBD. 5 (B) FILE NO. #2354 WHEREAS, Konrad Kruger (hereinafter "the applicant") is the owner of the property located at 520 Hanlon Avenue within the City of Orono (hereinafter "the City") and legally described as follows: Lot 17 and 18, Block 15, "Minnetonka Bluffs, Hennepin County, NIN" (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.28, Subd. 5 (B) to rehabilitate the existing residence by adding a second story and a tuck under garage. Variances for front, side and rear yard setback are required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application �vas reviewed as Zoning File #2354. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District requiring 2 acres in area. 3. The Orono Planning Commission reviewed this application on April 20, 1998 and recommended approval of the proposed variances based upon the following findings: A. The lot size is .11 acres (4,853.9 sq. ft.) in the RR-1B District �vhere the minimum lot size is 2 acres. B. The lot �vidth is 75.01' where 200' is required. Page 1 of 5 �� N � O� . O � �b- - � C ITY of ORONO � � �� '�' RESOLUTION OF THE CITY COUNCiL t�kESH�4� NO. � �� ' C. The front yard setback is 28.3' where 25.1' is proposed and 50' is required. D. The side setback from the north property line is 9.5' where 30' is required. E. The side setback from the south property line is 30.6' where 16.5' is proposed to allow the construction of a 14' x 24' one-car tuck under garage. F. The property is located in the 500' - 1,000' shoreland setback. Hardcover in the setback exists at 65 sq. ft. (3.35%) and 406 sq. ft. (20.93%) is proposed. The amount of hardcover proposed is less than 679 sq. ft. (35)% and does not require a hardcover variance. G. The total amount of structural coverage is 695 sq. ft. (14.3%). The proposed amount of structural coveraae is 1,140.44 sq. ft. (23.5%). A structural lot coverage is not required because total lot coverage is less than 1,500 sq. f.t. H. Second floor additions to structures that do not meet required setbacks are required to obtain variances. I. Overhangs that measure 18" or less are non-encroachments in required setbacks. 4. The City Council finds that the conditions e�sting on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would rrot 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 �vith the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 � o� - 0 0 : �e - � CITY o� ORONO � � ; �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. � � `:;� �41 5. The City Council has considered this application including the findings and recommendations of the Plaruling Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and �velfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a front yazd setback variance to allow the residence to be 25.1' from the front property line where 50' is required; a side yard setback variance to allow the residence to remain 9.5' from the north side property line where 30' is required; a.side yard variance to allow a 14' x 24' addition to the south property line to be located 16.5' from the property line where 30' is required; and rear 5�ard setback variance to allow the residence to remain 14.5' from the rear property line where 50' is required per Municipal Zonin� Code Section 10.28, Subd. 5 (B) to permit a second story addition and a one car tuck under garage, subject to the following conditions: 1. Applicant to provide drainage plan prior to construction to correct and improve the existing drainage on the site as approved by the Building Official and City Engineer. 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 (May 11, 1999). 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 misder,�eanor. 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 agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 . , . .. � O ' V O O �d-.. � CITY of 4RON0 � �J � t,'�' � RESOLUTION OF THE CITY COUNCIL �9kESH�4� NO. � �� '�� -� Adopted by the City Council of the City of Orono, Minn�sota at a regular meeting held on the llth day of May, 1998. ATTEST: ; / � _ — � ��,,� C/s� _ Linda S. Vee, City Clerk Gabrie Jabbour, Mayo �� ^� Property Owner (s) STATE OF MINNESOTA ) ) ss. COLNTY OF HENNEPIN ) The foregoing instiument was acknowledged before me on this l lth day of May, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �` .�- F� (./- �e��,��c,�� Notary Public � CAROLE A HASEMP.N � '�, :e:ay.�� NOTARY PUBUC-MINNESOTA '� \� �� HENNEPIN COUNTY �;�, \•��' My Commission Expires Jan.31,2000 � _ _. '.��.4��. � . � � Page 4 0�5 , � � O ' V O O �b _- C ITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL �9kESH�4� NO. __ � � � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /3�� day of ��,, , 199� , before me a Notary Public within and for said County, personally appeared /�on ra��r, n o� _rf-��r r��d, known to me to be the person(s) described in and who execut�d the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A HASEMAN `;,r� , � ��d��n��✓ '��' N07ARYPUBUC-MINNESOTA , .t�f,�'��' HENNEPIN COUNTY Notary Public ,°` \��=�'� My Commission Erpires Jan.31,2000 j;�} ,.-.. . 1. .,..E".�?'.�T;?::,c.a;;.�"��-'�'-u.=•.,..•""'I~.Y-,.^...`ti:eJ . . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNI'QIN ) ' On this day of , 199 , before me a Notary Public �vithin 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 5