The URL can be used to link to this page

Home My WebLink AboutResolution 1558 � . ,. . � �� Cit� of ORONO .. � � i Q�, , '-� � RESOWTION OF THE CITY COUNCIL � :� � �.�,; � NO. 1558 ��'Y�: . ��.. ��, ,s,�:�:�4 . � � .-.�,� , Granting A Variance to Municipal . Zoning Code Sections 34:552 and ' ' 34.610 - File 695 � Whereas , Guenther Roth (hereafter "applicant°) istheowner � of a property located at 1428 Baldur Park Road within the City of Orono (hereafter "City") and legally described as Lots 8 , 17 and 18 , Block 2, Baldur P.ark , (hereafter "property") ; and � �Ihereas, the applicant has applied to the City for a variance to municipal zoning code sections 34.552and 34. 610 to permit the construction of a 24' X 22' detached garage 10 feet from the street instead of the required 30 feet and 25 feet from the lakeshore , defined , at the 929.4 elevation, instead of the required 75 feet. Now, Therefore Be It Resolved by the City Council of Orono, Minnesota : • Findings l . This application was reviewed as zoning file no. 695. - 2. The property is located in the LR-•1C Single Family Lakeshore � . �� - Residential zoning district. � 3 . Lots 8, 17 and 18 , Block 2, Baldur Park are legally Gombined . Lots 17 and 18 are divided from the homestead lot, Lot 8 , by Baldur Park Road . 4. A detached garage has existed on Lots 17 and 18 for over 30 years. " 5. The depth of dry buildable land on Lots 17 and 18 would prevent any structure from meeting the required lakeshore setback of 75 feet. The depth of the dry buildable corridor is 75 feet. . 6. There is an extensive wetlands area between the dry land corridor and the actual open lake area which serves as a filter for , all "surface drainage that enters lake via Lots 17 and 18. 7. The proposed improvement will not affect the total hardcover on the property as follows: • Existing hardcover = 75 '-250 ' = 2,015 sf or 31 . 49�, 6� over allowed Proposed hardcover = 75' -250' = 2,008 sf or 31 . 38�, . 6� over allowed page 1 of 5 � A � . � �fy�� Cit� of ORONO � d � �.� � ��+� � A",1z��''�'�' RESOLUTION OF THE CITY COUNCIL �� 1558 :`�-�% NO. • sY 7` . . "�"'� .+-,,,��,±14 �� r. . . . 8. The setback of the proposed garage is consistent with , setbacks of existing garages on Baldur Park Road . 9 . There is no traffic hazard or danqer created in the public ' s � continued use of Baldur Park Road if a qarage remains located on the opposite side of the street from the principal residence or � from all other garages located on the north/opposite side of Baldur Park Road . 1�J. The City Council has considered this application including reports by City staff , comments by the owner and other interested persons, and the effect of the proposed variances on the health , safety and welfare of the community. 11 . The City Council finds that the conditions existing on this property are peculiar to it and do not apply qenerally to other property in this zoning dirstrict: that grantinq the variances • � would not adversely effect traffic conditions , light , air not pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner , but is necessary to , alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right,of the owner ; and would be. in keeping with the spirit and intent of the zoning code and comprehensive plan of �the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings , the Orono City Council hereby grants a variance to Zoning Ordinance Sections 34. 552 and 34. 610 for • construction of a 24 ' X 22' detached garage on property legally described above to be located 10 feet from the front/street property line instead of the required 30 feet and 25 feet from the lakeshore instead of the required 75 feet subject to the following conditions : l . Gravel parking area on Lot 8 to be removed at the time the applicant removes the existing garage on Lots 17 and 18 . 2. Ademolition permit must be obtained by the applicant for the , removal of the existing qarage on the property. 3. Anydoors over 3 feet wide shall face away from the street with a turnaround provided on the property. • 4. All roof drainage from new structure must be directed away from the lake. page 2 of 5 . � _ . . , . . ,��:; (�lt� Of �R,�ND . • � � �➢��; . . .� r�._. ��4 }`�; RESOWTION OF THE CITY COUNCIL � �:; , � �,,`�� ' Np, 15 5 8 �� ;,,; � , • ' • • � 5. The detached garage structure may never be used as a separate . dwelling unit. . . 6. No other variances are granted or permitted for this structure. - 7. Applicant is hereby advised that there exists on the property an excess of 6� hardcover and that future improvements to this property that involve additions to hardcover may not be approved by this Council or a future Council . 8 . Authorities granted by this variance run with the property not with the owner , 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 .(September 26, 1984) . • 9. Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shallautomaticallyterminateanyauthority granted herein, and shall be punishable as a misdemeanor .� 10. The undersigned owner has read , understood and hereby agrees� -� to the terms of �this resolution and on behalf of himself, hi�s heirs , successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 26th day of September , 1983 . ATTEST: CITY OF ORONO �A��/JI�'�� .�//, � �t_-r-, .. � City Clerk � Mayor ��p �� r � . (1) ��' `.t�"�� . P'roperty Owner (s) � ,r- ,/ r�, . ,,� r'. • (2) -��'� � �.:� ,�� Property Owner (s) ' (3) Property Owner (s) , page 3 of 5 .. � : . . � ��t:�, C�t� of ORONO "ti``" • �� ' : ,, ry•�- RESOLUTION OF�THE CITY COUNCIL �'G:,>;5 • Np, 15 5 8 ��, �r''�'::� • - . � �-�., . STATE OF MINNESOTA ) � ) ss . � � COUNTY OF HENNEPIN ) 0 _�this .6 day of , 1983 , before me a Notary u ic th ° nd o sa' d C unty, perso ally appeared 1� known to me to _ b the person (s) described in d who execu ed the foregoing instrument , and acknowledged that he (they) executed the same as his . (their) free act and deed . . � � .. , _ - �� . r,� OORO?HY M� HALUI�� NO ARY PUB NOTAAY PUy�Q.�'�OTA ', . HENNEPIN COUNTY: �Y��qY��p lO - GY d � 7� . • MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) ss . . COUNTY OF HENNEPIN ) On this day of , 1983 , before me a Notary � Public wa.thin and or said County, personally appeared known to be the person (s) described in and who executed the oregoing instrument, and � acknowledged that he (they) executed the same as his (their) free act and deed . ' NOTARY PUBLIC , � MY COMMISSION EXPIRES • page 4 of 5 � , � , . . J � ' . . � ��,�� Cit� of ORONO • - � � � :�t� =�`F�'":��"" RESOLUTION OF THE CITY COUNCIL � �� '''" � NO. 1558 , C� ��'� . � . - . .::°: , STATE OF MINNESOTA ) ' � ) ss. COUNTY OF HENNEPIN ) On this day of , 1983 , before me a Notary � Public within and for said County, personally appeared � known to me to be t e person(s) described in and w o execute the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed . NOTARY PUBLIC • MY COMMISSION EXPIRES This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386.77. Bruce D. Malkerson, City Attorney . State Deed Tax Due Hereon: Exempt This instrument was drafted by: City of Orono P.O. Box 66 . . Crystal Bay, MN 55323 � page 5 of 5