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Home My WebLink About#4885-variances-2002. : , � O _ V O �� O ,��a_,-�; CITY of ORONO ,� � �.::� � � �� -�:��a � �� ,,�G RESOLUTION OF THE CITY COUNCIL `qk'ESH�4 NO. � 8 g � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.25, SUBDIVISION 6 (B) FILE NO. 02-2837 WHEREAS,Jeffrey Danberry and Debra Danberry,(hereinafter"the applicants")are o�vners of the property located at 3545 Ivy Place within the City of Orono (hereinafter "the City") and legally described as follows: Lot 1 Block 1, Casco Cove, Hennepin County, Minnesota (hereinafter "the property"); and `VHEREAS, the applicants have applied for a variance to Municipal Zoning Code Sections 10.25, Subdivision 6 (B) to permit an 18' setback �vhere a 30' setback is required for construction of a one-stall garage addition; and WHEREAS, after due published notice and mailed notice in accordance with Nlinnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 21, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#02-2837. 2. The property is located in the LR-1 C, Single Family Lakeshore Residential Zonin� District where 1/2 acre is the minimum lot size and 100 feet is the minimum lot width. The existin� lot is a conforming lot. 3. The Planning Commission reviewed the application for variances and recommended approval of a revised plan by a vote of 5 to 2 based on the following findings and Pa�e 1 of 6 , � . � O� O O -�� . CITY of URONO ,� ,.. �, ti �� p~' RESOLUTION OF THE CITY COUNCIL `�kEsKa4 No. 4 8 8 � hardships: A. The property is located at the end of Ivy Place which is a street with no outlet. The garage addition will not negatively change the character of the neighborhood. B. The property is on the lakeshore which would allow construction of a detached garage 10' from the street property line. The proposed garage � would be 18' from the property line. The additional garage stall,attached to the existing garage functioris much better for the property than a detached building. C. The overall appearance of the property would be enhanced by having an attached garage stall rather than a detached building located neazer to the street. � D. There are several utility easements on the property that impact the building envelope making additions to the house difficult. E. The orientation of the house is not to the street. The street yard"feels"like a side yard. 4. 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 variances will 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 hazdship 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. 5. The City Council has considered this application includin� 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 welfare of the community. Page 2 of 6 ,� , � O _V O O � C ITY of ORONO 3 � . � ';. ..�.... 1�'1 � �� G~' RESOLUTION OF THE CITY COUNCIL `�kEsKo� No. d 8 R �, 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 10.25, Subdivision 6 (B) to permit an 18' setback where a 30' setback is required for construction of a one-stall garage addition, per the site plan attached to this resolution as Exhibit A, subject to the following conditions: 1. Authorities granted by the variances 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 these variances will expire on that date (October 28, 2003). 2. Violation of or non-compliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned owners have read,understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns,hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono,Minnesota at a regular meeting held on the 28th day of October, 2002. ATTEST: � // , � 9 �z.�v �', U,2�e J�a-��';i�-r�l'�t C� inda S. Vee, City Clerk Barbaza A. Peterson, Mayor Property Owners ' Page 3 of 6 � �� O 4 � � CITY of ORONU � a - ..,.. a� ti �� G~' RESOLUTION OF THE CITY COUNC�L t`�kEs�io�� No. 4 8 8 � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of October,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �� KRiSTI B.AN�ERSON A t, -� NOTARYPUBUC-M�NNESOTA NOt Public STAT O ' ' n Expires Jan.31,2007 CO The foregoing instrument was acknowledged before me on this ��' day of i"�;��;I,�l i`11� -��`_,200� by Linda S. Vee, City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of ihe City. ;� � �� RACHEL DODGE /� /� � ' ', NOTARY PUBUC-MINNE:'OTA C.. CL L��f' ��'�l/�-�C.�+ �'; .�""� Mr ca��'�r�e''�o's�,z°°s Notary Public �-.a.-.� STATE OF MINNESOTA COUIV`TY OF HENNEPIN r` / r�F_l On this �day of 'r; !.�:f�Y1�'aC.�`�, 20�, ��'b�fc2. /.��1 y�-'per�nally%��' appeared before me, who is personally known to me i%� whose identity I proved on the basis of �YII�� n�-' whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. f�y'� r; : RACHEL DODGE _L/��l'.�-C �-� 4,(�'r''�CL-�-- �� ;� N°Ta�Y�.�."•OTA Notary Public `�.,;,._ �M�ibWon E�i�p�an.3t,2005 Page 4 of 6 � o� o � � CITY of ORONO � . ;.._ � � � �� G~' RESOLUTION OF THE CITY COUNCIL `�kEsKo4' rvo. 4 8 8 � STATE OF NIINNESOTA COUNTY OF HENNEPIN On this .2U�clay of I�ve n�,�r ,20oz , �e�r�,, �• � �e �`�`r'`� n •r., ,,_personally appeared before me, who is personally known to me ✓whose identity I proved on the basis of �-'�� - whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. 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