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Home My WebLink About#5256-variances-2004 4 0 � � O � o - a:_. CITY of OR�NO � � ,�� `°�``�{�� ' RESOLUTION OF THE CITY COUNCIL N0. � � �< L�kES�I04 '�, A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1435 FILE NO. 04-3056 WHEREAS, Dennis V. and Evelyn N. Bruce, husband and wife (hereinafter "the applicants"} are the o�vners of the property located at 3435 Livingston Avenue within the City of Orono (hereinafter t11e "City") aud legally descriUed as follows: Lot 5, Blocic 5, Navan-e Heights, Hemlepin County, Mi�v�esota (hereinafter the "property"); and WHEREAS, the applicants have inade application to the City of Orono for a vai•iance to Orono Municipal Zoning Code Section 78-1435 to allow construction of a detached gara�e closer to the street lot line than the principal Uuilding. NOW, THEREFORE BE IT RESOLVED Uy the City COL111C11 0£ Orono, Mimzesota: FINDINGS 1. This application was reviewed as Zoning File#04-3056. 2. Tl�e property is located in the LR-1C, One Family Lalceshore Zoning District which requires a minimum lot area of 0.5 acre and a minimum lot width of 100'. 3. The Plaiuling Commission reviewed this application at a public hearing held on November 15, 2004 a.iid recoinmended approval of the variance based on the following findings; a. The applicants' property is 6,747 s.f. or 0.15 acre in area and 50' in width. b. The property has approximately 135' in depth. Page 1 of 5 ` O,�. � Q O C ITY of URONO . ; � a ti G~ RESOLUTION OF THE CITY COUNCiL �L`9kESH.�4� N0. �i � ,,'� � c. The applicants' honle is set back approximately 105' frotn the froiit lot line. d. The proposed garage will be no closer to tlle sh�eet than the neighboring homes. e. The proposed garage �vill Ue no wider than 24' as viewed from the street. f. The applicants have placed a bid on a City owned 20' x 30' garage; should the applicants lose tlieir bid a 24' x 24' garage has been proposed. 4. The City Council has considered this application including the findii�gs and recommendation of the P1aruling Cominission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the coilditions existing on tlus 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 izeighUoring property; would not merely serve as a convenience to the applicants, but is ilecessary 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 Coinpreheiisive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1435 to allow construction of a detached garage closer to the front street lot line, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Aiiy amendments to the site plan which are not in conforniity with City codes will require further Planning Conunission and City Council review. . _ Page 2 of 5 - �o� 0 0 �� CITY of URONO � � :� � ti ti RESOLUTION OF THE CITY COUNCIL ��'9.k 04��G NO. � .�' e� � ESI3 .... _ 2. Hardcover in the 500' — 1000' zone shall not increase above the level of 35% per tlle proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any fuh.tre requests to increase liardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concunent reduction in existing hardcover. 3. Applicants shall reiiiove all plastic or faUric liner material from the decorative landscape beds on the property to ensure their permeaUility as uon-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by the footing inspection. 5. Authorities granted by this resolution run with the property not with the applicants, but are pennissive only and must be exercised by obtainiiig a building pennit for the new construction within one year of the date of Council approval, or the variance will expire on that date (November 22, 2005). 6. Violatioii of or non-compliance with any of the terms and conditions of this resolution shall coiistitute a violation of the zoning code, shall autoinatically tenninate any authority gra�lted herein, and shall be punishable as a misdemeaiior. 7. The undersigned applicants have read, understand and hereby agree to the ternzs of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, liereby agree to the recordiizg of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 22"d of November 2004. � � .-. - Page 3 of 5 � � °� 0 0 �� CITY of ORON4 ,� ;. � . ti �',� � G'�' RESOLUTION OF THE CITY COUNCIL _ �`4kESTcIOg'�' NO. �F? ,�, {.�L_ ATTEST: , ..._.__� , , _ _._ • { � i r' ��-y':�''✓ J ' �,.��-�w..,.. 4�l�� Linda S. Vee, City Clerlc Barbara A. Peterson, Mayor �i'+d ' (!'` •'J U��7 �/ . �/J�'�'`L'`--/ �t 1iY�.�'+ - -y�-�,�� ,,. Property Owner(s) STATE OF MINNESOTA COUNTY OF HENN�PIN The foregoing instnunent was acicnowledged before me on this 22"d day of November, 2004 by Barbara A. Peterson, Mayor of the City of Oroilo, a Minnesota municipal corporation and said instnunent was executed on behalf of the City. - .� ..,� ;_t:• � �SE�4�';'9�.�,@�"��`.""',� ';��,,..��` �-,..,� � � Nota-y Public , � . . . � �1 � ;-.r I Iflk�:. . �� a.:;'::tis-� ;t; �'1•:•:.s'; ,. . . . , . i .�::r ",�.�.x�:,,�-..r�".r�e3r�'.�� ..: ; �dSa':T_,�. - STATE OF MINNESOTA COUNTY OF HENNEPIN + Tlie foregoing instniment was acknowledged before me on this E� day of ��i'��-�, 2004 by Linda S. Vee, City Clerlc of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of tlie City. .,�,� ,., _ � RACH�L DODG� ` � � �-. 1 N 4' ,. . , � •' f�G�-.ti_../�-�-..-Q. _ �'�L��'- �� , ' NOTARY PUt3LIC•N�P:Af�:SOTA � ' fv�y Cornmission Expir�Ja+i ';�,2��.5 -; Notary Public . ..�•��.� �� = - Paje 4 of S � °� 0 0 �� CITY of ORONU � ; � ti ti RESOLUTION OF THE CITY COUNCIL ��`4kESIi.�g'�G . NO. � � �; � - - STATE OF MINNESOTA COUNTY OF HENNEPIN This instnunent was aclalowledged before me this '�day of it.�.�w��r-, 2004 by Deiuiis V. Bnice, wife of Evel}m N. Bruce. �,, �.1 �`� f/'� . DENISE M.LESKI�:Lf: `` ` ,; ,� �-• � � ; �.; c:, , �p��.�nNn�soTa '.;' Notary Public �y�y Commission Expires Jan.31,f,-C �'>> . . . � �y_..-,. _,,... STATE OF MINNESOTA COUNTY OF HENNEPIN This instnunent was aclaiowledged before me this ,,��day of,'�;;;�,1�.��,�.�"�, 2004 by Evelyn N. Bruce, wife of Denius V. Bruce. l i�� °�`' ;` �` ...:. ,, /�,. -�� - . DENISE M:LESKlN�+� �; ��r� �� , �,�y��q�n ExpireMs'JanE37�,2CC5 �:� Notary Public ,;,-;..> Page 5 of 5 - : --_ .._. ._. �c�t� t� � � . � e must be located . � � �� The detached garag , a�ut$ing the 10' west side setback line. ,��- ( c�o ` , �-1�� Z2�'1 S�=3��/o - ��vi�gst�t� ,�.ve��ce . . 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