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Home My WebLink About#4472-variance-2000 . � �� O�� / � � O O �,. - CITY of ORONO � �;) ti / �'',� G'� RESOLUTION OF THE CITY COUNCIL C�. '� � �kES� N O. - � A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2, SECTION 10.56, SUBDIVISION 16 (L) (2) AND SECTION 10.25, SUBDIVISION 6 (B) FILE NO. 2583 WHEREAS, Roxann Beisch, (hereinafter"the applicant") is owner of the property located at 3436 Livingston Avenue within the City of Orono (hereinafter "the City") and legally described as follows: The South 90 feet of Lot 20,Block 2,Navarre Heights,Hennepin County,Minnesota (hereinafter "the property"); and WHEREAS, after due published notice 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 May 15,2000,at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for a variance to Municipal Zonin�Code Section 10.22,Subdivision 2 and Section 10.56,Subdivision 16(L)(2)to permit 1,968 s.f. (43.4%)hardcover in the 500-1000'lakeshore setback where 1,816 s.£ (40.3%)exists and 1,575 s.£ (3�%) is allowed, and Section 10.25, Subdivision 6 (B) to permit a 5' side setback for a garage ��here 10' is required to replace a detached gara;e. NO`V, THEREFORE BE IT RESOLVED by the City Council of Orono, �linnesota: FINDINGS 1. This application was reviewed as Zoning File #2�83. Pa�e 1 of 6 , �-- �� O " � O O , CITY of ORONO � � �,� �,'�F RESOLUTION OF THE CITY COUNCIL ��kE38�4�' NO. �x �� - -.,� 2. This property is located in the LR-1C Zoning District,where 1/2 acre or 21,780 s.f. is the minimum lot area. 3. The Orono Planning Commission reviewed this application on May 1�, 2000 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: � A. The property owner has proposed to remove existing detached gazage and construct a new garage. The existing garage is located over the rear property line and on the west property line. The applicant has stated the hazdship is the existing gazage has a dirt floor and is located on the lowest point between the adjacent properties. Following rain,the water runs into and throuah the gazage, making the gazage usable during dry times in the summer. In the winter,the ground swells with frost and the doors cannot be opened. B. Filling the low portion of the property was discussed,but it is the only place on the properties that is collecting water. Fill would force the water in another direction. The proposed site plan would allow the garage to be located out of the low area and place the structure within the properry lines. C. A 5' setback should be maintained on lots for accessory buildings due to the _ Code requirement to maintain a minimum setback to all other structures of 10'. The adjacent gazage located at 3438 Livingston Avenue is 3' off the property line. If the garage is replaced in the future, it should be replaced 5' from the property line, thus resulting in a 10' separation between buildings. D. The minimum setback required for garages from the rear property line is 10'. Most other garages in the locality do not meet the minimum setback required by code. This garage cannot be located closer to the rear property line due to the low area that collects water after rainfall. However the 12' setback is in keeping with the setback established for garages in the zoning district. Page 2 of 6 / O � � O O �, CITY of ORONO � � ti ti RESOLUTION OF THE CITY COUNCIL ��9kE Hp4�'G NO. � �-�� ;' � S E. The relocation of the garage would eliminate a building located over the property lines with a structure closer to conformance with the intent of the Municipal Code. 5. The City Council finds that the conditions existing on this property aze 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 � hazazd 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 fmdings 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. 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)to permit 1,968 s.f.(43.4%)hazdcover in the 500-1000'lakeshore setback where 1,816 s.f. (40.3%) exists and 1,575 s.f. (35%) is allowed, and Section 10.25, Subdivision 6 (B)to permit a 5' side setback for a gazage where 10' is required to replace a detached garage. Approval is subject to the following conditions: l. Council approval is based on the site plan attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. Page 3 of 6 i O � � O O �, C ITY of ORONO � � ti ti RESOLUTION OF THE CITY COUNCIL ��9kE 8�4�G NO. � �Y �� S 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 (May 22, 2001). 3. 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 sha11 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 agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 22nd day of May, 2000. ATTEST: !7��c-�ti� ..� ��-�-- - Linda S. Vee, City Clerk Gabriel abbour, Mayor � � Prope Owner Page 4 of 6 i� , /� O� O O , CITY of ORONO � � ti �',� G'� RESOLUTION OF THE CITY COUNCiL L9kES8�4'� NO. � �:'- `; � :.. ,.� STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of May, 2000 by Gabriel Jabbour and Linda S.Vee,Mayor and City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. �'`'~,��'"'•, MARY�ftiN JOHNSON � • ��_ NOTARY Pl;BUC-M:NVESOTA _;�,,,.• My Co�ur�ia�Ex,ires,lan.31,2005 Notary P liC �" STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � �Sth day of J �v ,2000,before me a Notary Public within and for said County,personally appeared I�o x c� � n $ �i S C h , S i n R/Pc " known to me to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. �� Mr1RY Af`N JOHNSON C�> ; _" v �• .��, NOT/1rZY PUBUC.N�VNESOTA Notary P i1C •"`� 1M Ccmm�siai Expires 1an.31,2005 -.,__. ..�,:,.,.�� _ Page 5 of 6 � EXHIBIT A . r `�� PL 1 "� �.' , � , ac.oe. 5 81 15 3(. �l , , , � _.-50• O'� �� •r� ,,,.�. : � . , , � � . � �y� i Z� ' �? : ,� . �� ) �, �, � _ , � � �. 6 � � t} e.a3 ��c��s, �� . � �; ��P"` Rc�„o�c � � � . ��' '�� , �. 3 v� s� a ''� :' 4 W r � ` O � :eu �S� � `g.y � . ` � O St�'� / I�•� + � �r Q °M .� � �� S,f?' L.3 �� Z ! �'y J��b � � �� 4 � � . y� V9•� 9;'�° � .�J � i ?.o , . �� s o R a +.1 i . ��v m � _ .�... �� H,� � / 1 f 1 , � I —_ I I \ ' _ —�, � ��• �_ —50.0 5 8�"/5'3 6 � . L1V l�1ta 5�o � � �►V� • . 1 Aereby ce�tify tAat tAis is o t�srs ond correci raprsieniation of Q �+^'Oy of !Ae Dounc�ariu of fAe aDcve dascrihed lcnd Qnd ol! vislbls encroocM►enb. if DE11dARS—GA.BRIEL ony, trom or on sc,Q tana. LA11TD SURVEYORS, NC. ,� svrvey�d by me tn,s �fb �Qy F ,.�00 . 3030 i�?orbor Lane Ivo. . PymcutA. MN 55447 � �� Phone:(612) 559-0908 Fax :(612) 559-0479 Dcvid E. Crook Minn. Reg. No. 224t4 . Page 6- of 6