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Home My WebLink About#1879-variance-1985 Y' � ��it� o� ORONO �E� �� - _. �� RESOLUTION OF THE CITY COUNCIL ' . � NO. 1879 • • • � A RESOLOTION GRANTING A VARIANCE TO MDNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9(A) - FILl� #978 WHEREAS, Michael McEnany (hereinafter "the applicant" ) has an interest in the property located adjacent to 2499 Kelly Avenue within the City of Orono (hereinafter "City" ) and legally described as follows: Outlot A, Kelly Cove (hereinafter "the property" ) ; and WHEREAS, the applicant has applied to the City for a variance to MunicipalZoning Code Section 10 .03, Subdivision 9 (A) to permit the construction of a detached garage on Outlot A of the plat of Kelly Cove, cr. k�hich parcel no principal structure exists. NOW, FR�FpRE B$ IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as zoning file #978 2. The property �s located in the LP.-1B Sir.gle Famill Lakeshore Residential Zoning District. 3. The plat of Kelly Cove was approved per Resolution 1621 on April 23, 1984. Condition #2 of that resolution stated: � "Outlot A, Kelly Cove, may never be used for future residential construction, but shall remain as an open space area as density credit for existing duplex units on Lots, 1,2,3 , & 4, Block 1, Relly Cove. Residential docks may never be constructed on the shoreline of Outlot A, Kelly Cove. " The Council finds that this "open space"_clause refers to the residential unit density limitation of four units, but does not preclude the construction of an accessory structure on the site. 4 . The proposed garage meets all required setbacks for the LR-1B Zoning District. Page 1 of 5 , . �,� �+�� t o� ORONO . 1`�� . _ �' - ��il�� RESOLUTION OF THE CITY COUNCIL � NO. 1879 s - • s � P, - : 5 . For the entire plat of Kelly Cove, including Lots 1 thru 4 and Outlot A, the standard lakeshore hardcover limitations are not exceeded as a result of the proposed garage - construction. Existing hardcover in the 0-75 ' zone is 0$. Existing hardcover in the 75-250 ' zone is approximately 12,750 square feet or 21$, with no change resulting from the garage construction. Existing hardcover in the 250 ' -500 ' zone is approximately 5125 square feet or 20$. Addition of , the 528 square feet garage will increase this to 5653 square feet or 22$, where 30� is allowable. 6 . The proposed garage is screened from the traveled � roadway of Kelley Avenue by numerous trees and shrubs. 7 . The proposed garage w�ll be owned by the Navarre Cove ; Homeowners Association and is intended to be leased only to " the owners of the 4 residential units on Lots 1 thru 4, and ' shall in gart be used for storage of the Association' s `i grounds maintenance equipment. , 8 . Municipal Zoning Code Section 10 . 32 which regulates � Planned Residential Developments (PRD) doesnot prohibit the construction of accessory structures within a PRD. Section �, 10. 32 Subdivision 6 generally requires approval by the � Council for the location of proposed buildings. � 9 . The garage in question is acc�ssory to the four residential units within this PRD, hence it meets the intent ; of zoning code Section 10. 03 Subdivision 9 (A) . The intent of 10.03 9 (.A) is to allow accessory struc�ures only on properties where a resident occupies the property in order to �; oversee the use and maintenance of such accessory structures. �� ' 10. The City Council has considered this application � . including the findings and recoramendations of the Planning '" Commission, reports by City staff, comments by the applicant - and the effect of the proposed variance on the health, safety ; and welfare of the community. �, � 11. The City eouncilfinds that the conditions existing on � this property are peculiar to it and do not apply generally to s 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. . L�;�r*o 7 nf �, ; � , _ ��,� ��.� it� o� ORONO . �� - � �� RESOLUTION OF THE CITY COUNCIL . �� 18 7 9 � NO. � • � • • � - - CONCLDSIONS, ORDER AND CONDITZONS � . Based upon the above findings, the Orono City Council hereby � grants a variance to the Municipal Zoning Code Section 10.03, �d Subdivision 9 (A) to permit the construction of a detached garage on Outlot A of the plat of Kelly Cove subject to the following F conc�itions: 1. The garage shall be located per the survey with revision � dated 10-11-85 by Coffin and Gronberg, Inc. which was filed with the application for a variance. A ; 2. The garage is intended for the use only of the residents § of the Kelly Cove subdivision and the Navarre Cove Homeowners , ; Association. � 3. The garage is not considered as a separate residential unit and may not be converted to a residential dwelling unit a but shall be used for residential storage only. 4 y 4. The applicant and the Homeowners Association are placed � on notice that the standard lakeshore setback, hardcover, � and tree removal regulations of Zoninq Code Section 10.22 apply to the Kelly Cove subdivision as an entire unit rather than to Lots 1 thru 4 or Outlot A separately. 5. A building permit for the garage will be issued only to � the Navarre Cove Homeowner's Association as "property owner" � and their agent as "builder", only upon receipt of a e resolution of approval of the garage from said Association, � signed by the members of said Association. ' 6. Authorities granted by this variance run with the ° property not with the applicant, but are permissive only and i 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 (October 28, 1986 ) . 9 n 7. 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. Page 3 of 5 � , 't� o� ORONO _ n . �� . ��, RESOLUTION OF THE CITY COUNCIL - � ,��o NO. 18 7 9 . � - • �� 'F - - :� � 8. 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. 'S Adopted by the Orono City Council on this 28th day of October, 1985 � � - ; ; ATTE . , \J - � D hy M. llin, City Clerk M ry C. ler, Ma or ' � �a � � (1) Proper y Owner w r l.. . k Page 4 of 5 _� � ti � : �, . __ _ _ , �� ' o� oR,oNo , � ��a �� - .. .. RESOLUTION OF THE CITY COUNCIL • ��,��D , NO. 18 7 9 . 9 • � ► Al �� i I ' STATE OF MINNESOTA ) ) ss. ' COUNTY OF HENNEPIN ) � � 0 n t h i s �� d a y o f �i/�i$�Y'�___ , 19 8 5 before ;ne a Notary Public within and for said county, personally appeared �/� n�- �, �c�N�NY known to me to be � the person (s ) described in and who executed the foregoing � instrument, and acknowledged that he (they) executed the same as his ;tY,eir) free act and deed. � �yp�0 � GAFFR�� .;�:::,,, MIGHAPuePc-M�NKE$O'A .�. .� NOTAa VtdZY ,,,,, NO ARY PUBLIC i,�� ,,� HENNEpIN �e��1e;�, __� � MY ComMiss�on E.P 4 '•,�4� �,. ; ��ti�s l�� /9g� MY COMMISSION EXPIRES � STATE OF MINNESOTA ) ; )ss. � COUNTY OF HENNEPIN ) � On this �� day of /U�I/�/?�� _. 1985, before me � a N tary Public within and for said County, personally appeared _�_��L� - � ��/p� known to me to be the � person(s) describe in and who executed the foregoing insLrument, ? and acknowledged that he (they ) executed the same as his . (their ) free act and deed. , ; � y < a �� MICHAEL P. GAFFR�N ° ,.;�:�;;;, MINNES07A NOTARY PUBLIC ' .: , NOTARY PUBL�O' UNTY y ��• HENNEPIN��nett.tss7 . ��,/ MY GOf^missio�ExP . � � J w�.� l�� /987 - " MY COMMISSION EXPIRES Page 5 of 5 � � � �� q � �� '��. �� t o� ORONO . �� i`�`� �' - _ .. � RESOLUTION OF THE CITY COUNCIL � � NO. 1879 � � ' • • � � __ STATE OF MINNESOTA ) ) ss. � C,OUNTY OF HENNEPIN ) : /� j�� On thi s �/ day of �l�s'T ► �'� before� me a Notary Public within and for said county, personally appeared ��r�- J _-,n�� c�ar�-1 known' to me to be ;� the person(s ) descri ed in and who executed the foregoing � . instrument, and acknowledged that he (they�) executed the same as :< his (their) free act and deed. ;i i� �� GAFFRON N1►CHAEL P• M�NNEso7A NOTARY PUBLIC � �' � N��Pusuc- NTY � , �„��1NEP1N CaOV 8».,ss� ✓' ��— MY Cpmmis�lon ExP re ' l�'� S�� //`'8�7 � MY COMMISS ON EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) w? On this day of , 1985, before me �'� a Notary Public within and for said County, personally appeared - known to me to be the _; person(s) described in and who executed the foregoing instrument, `a and acknowledged that he (they) executed the same as his ;,� (their) free act and deed. � � ' ., ='� • � �" NOTARY PUBLIC ,a MY COMMISSION EXPIRES �� _. � �� ^ � � ��,� , �� - . R��i1. � .. ��c STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) -- ) CITY OF ORONO ) � I Dorothy N. Hallin. City Clerk of the City of Orono � Hennepin County, Minnesota� do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the� proceedings of said�City Council at a meeting of said City Council held � on � October 28 , 1985 � and that the same is a true and correct copy of said resolution was duly adopted by said City Counail at said meeting. . ` In witness Whereof, I have hereunto set my hand and seal this llth � day of Au9 ,t � � 1986 ��/� • . Do othy M. allin� City Clerk (SEAL) � '