HomeMy WebLinkAbout#4147-variances-1998 � -
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\�•� G'�'�� RESOLUTION OF TH ITY COUNCIL
\t9kESH�4� NO. " ,. '7
A RESOLUTION GRANTING �� � � '7
VARIANCES TO
MUNICIPAL ZONTi�'G CODE
SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.56, SUBDIVISION 16 (L) (2) AND
SECTION 10.03, SUBDIVISION 9 (D)
FILE #2402
WHEREAS, Glen and Beverly Sauer (hereinafter "the applicants") are owners
of the property located at 4104 Highwood Road within the City of Orono (hereinafter "City")
and legally described as follows:
See attached, (hereinafter "the property"); and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission
held a public hearing on August 17, 1998, at which times all persons desiring to be heard
concernin� this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) and
Section 10.03, Subdivision 9 (D) to permit construction of a garage within 7' of the front lot
line �vhere 10' is required and closer than the principal structure to the lot line, and to allow
48.4% hazdcover (within the 75-250' lakeshore setback) where 25% is allowed.
NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FIl�'DINGS
1. This application was reviewed as Zoning File #2402.
2. The property is located in the LR-1B Zoning District, where 1 acre or 43,560
sq. ft. is the minimum lot area. The property consists of .66 acres or 28,614 sq.
ft.
3. The Orono Planning Commission reviewed this application on August 17, 1998
and recommended approval on a vote of 6 to 0.
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4. The Planning Commission made the following findings of fact:
A. The street side setback for the proposed garage would not encroach closer
than the existing structure (7 feet from the front lot line).
B. Detached garages with access facing away from the street only requires
a 10' setback.
C. Hardcover in the 75-250' lakeshore setback would remain 48.3%.
D. The proposed accessory structure would be closer to the street than the
principal structure.
E. A drainage ditch located on the property causes frequent flooding.
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 applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants 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 variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56,
Subdivision 16 (L) (2) and Section 10.03, Subdivision 9 (D) to pernut construction of a garage
within 7' of the front lot line where 10' is required and closer than the principal structure to
the lot line, and to allow 48.4% hardcover (within the 7�-250' lakeshore setback) where 25%
is allowed. Approval was subject to the following conditions:
l. The storage shed is to be removed at the time the new garage is completed.
Pa�e 2 of 4
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\\�� G'�' RESOLUTION OF THE CITY COUNCIL
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2. Authorities granted by this variance run with the property not with the
applicants, 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 (August 24, 1999).
;. 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 applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby aa ee to the recording of this resolution in the chain of title of
the property.
Adopted by the Orono City Council on this 24th day of August, 1998.
AT'TEST:
� �'�j :r:c.� V i�—�'
� inda S. Vee,�City Clerk Gabri Jabbour, Mayo
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Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 24th day of
August, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
.�-,-� r. �: -. i , ��-r,,� �
�� ;, MARY ANN JOHNSON �
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NOTAAY PUBLIC-MINNESOTA ,� Notary Pubhc �'
� ., ,�:� My Commission Expires Ja�.31,2C00
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this � day of �`f �� � S T , 199 g before me a Notary Public within
and for said county, personally app eear d g e v�-R � y S a u ��. � a �e ,P i �`�
kno�vn to me to be the person(s) described in and who executed the foregoing instrument, and
acknow•ledged that he (they) executed the same as his (their) free act and deed.
_ ,-- ,.�-,.r:,.,- -
�°���1�": MARY ANN JOHNSON �- (� ��yy,r�
,, ._ . N07ARY PUBLIC-MINNESOTA �
�'-,,.:•� �tY Comrrussion Expires,►an.31,2000 ' Notary P ic �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ��day of �� �, 199 8 before me a Notary Public within
and for said county, personally appea ��2�_�-��� � a'�����
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.
��--w�_""',�,_,<';;;.?•�-�:�-�-_�.;,•Y,.�.:,.,
� ��� MARY ANN JO ON�.:� � C�'�'''-''`�
� NOTARYPUBUC-MIN"a�SOTA
•,...•° My Commission Expires Jan.31,2000 �? NOtaty bliC
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Page 4 of 4
• • � EXHIBIT A • .
LEGAL DESCRIPTION Of PREMISES SURVEYED: •
All that part of Lot 40, described as follows: commencing at a polnt on the east
line of said Lot 40, distant 151 feet south from the northeast corner thereof: the point
of beginning of the land to be described, thence deflecting to the r.ight (west) at an
angle of •15 degrees 10 minutes a distance of 27 feet; thence to the left 12 feet to a
point on sAid east line xhich point is 36 feet south of the point of beginning; thence
north 36 feet to point of beginning,
Lot 41 except that part thereof described as follows: Commencing at the Southwest
corner of said Lot 41 ; thence nortneasterly along the South line of the said Lot. a •
distance of 11 ,4 feet; thence to the left at an angle of 90 degrees a distance of 12 feet
to a point on the west line of said Lot 41 � which point is 16.7 feet irom the point of
beginning: thence southeriy 16.7 feet to point of beginning. .
lot 42� Highwqod. :.Lake Minnetonka. according to the plat thereof on file or of record
in the office �of thQ Registrdr of Titles in dnd for said Coun.ty.
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