HomeMy WebLinkAbout#4584=variances-2000 � L
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�'',� �'� % RESOLUTION OF THE CITY COUNC�L
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22; SUBDIVIS�ON 2, SECTION 10.56,
SUBDIVISION 16 (L) (2) AND SECTION 10.24, SUBDIVISION 5 (B)
FILE NO. #2635
WHEREAS, G & G Holding Company owned by Stanley Goldberg and Luella
Goldber� (hereinafter "the applicants") are owners of the property located at 1140 Loma
Linda Avenue within the City of Orono (hereinafter "the City") and legally described as
follows:
Attached hereto as Exhibit A (hereinafter "the property"); and
WHEREA5, 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 November 20, 2000, at which times all persons
desirinJ to be heard concerning this application were given the opportunity to speak thereon;
and
WHEREAS, the applicant has revised a variance application to the City for
variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56,
Subdivision 16 (L) (2) to permit 1,777 s.f. (37%) of hardcover within the 75-250' lakeshore
setback where 1,187 s.f. (25%) hardcover is allowed and Section 10.24, Subdivision 5 (B)
to permit a 10' front yard setback where 35' is required.
NO`�', THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2635.
2. The property is located in the LR-1B (1 acre) One Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on November 20,
2000 and recommended approval on a vote of 6 to 0 for variances based upon
the following findings and hardships:
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RESOLUTION OF THE CITY COUNCIL
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A. The proposed redevelopment would require the approval of Zonin� .
Application #2634 for a road vacation and Lot Line Rearrangement.
The plans would include a 1,237 s.f. house to replace the 572 s.f.
existing cabin and removal of the parking and drive area located within
the proposed vacated right-of-way. The variance application has
requested 1,417 s.f. (29.8�0) of hardcover in the 75-250' lakeshore
setback where 1,187.5 s.f. (25%) are allowed.
B. 1,417 s.f. of hardcover has been proposed by the applicants on the
site. The Orono Zoning Ordinance requires two parking spaces per
dwelling unit. The applicants have only provided enough hardcover for
one space. Staff and Planning Com.:,;ssion have recornrnended an
additional parking space shall be added to the plans, increasin�
hardcover.
C. Municipal Code requires that open parking spaces on lots must have a
location other than a required yard except that such parking may be
located in a rear yard to within ten feet of an interior side lot line and
to within ten feet of a rear lot line. The City of Orono generally
requires a 9' X 20' space for one vehicle, two parking spaces would
require an area 18' X 20' plus an additional 10' of driveway to move
the vehicle parking area 10' from the property lines. The applicants
have proposed one 9' X 20' (180 s.f.) for parking.
D. No garage has been proposed on the property. The City has seen
other applications in the past that do not propose garaDes at the time
the house is constructed and later an application is received for garage
construction. A garage could not be located.where the parking area
is proposed. That area is restricted from development because of the
sewer line and eventual sewer easement located behind the house. The
property owners do not intend to build a garage on this lot.
E. Because of the unusual access to the property, a front yard setback
variance is required to allow a building to be constructed on the lot.
The north side of the property would be adjacent to the only public
access via a 20' platted, undeveloped, right of way. The LR-1B
zoning district requires a 35' setback to the front lot line, which in this
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RESOLUTION OF THE CITY COUNCIL
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case would be the north property line. Staff would recommend .
approval of a variance to the 35' setback to thz alley, and require a
10' setback be maintained based on the followina hardship: the alley
has historically provided access to the propertt-; the City does not
intend to develop or maintain the alley; the alley R•ould continue to be
used privately by the owners of the propen� for dri�•eway purposes; the
north property line would function as side, inc�rior lot line; a 10'
standard setback would be appropriate in chis case, and would be in
keeping with the intent of the zoning ordinance and Comprehensive
Plan; and requiring a 35' setback would not allo�- a suitable building
site on what has historically been a residentiall�• developed property,
and would move construction of the house closer to the lakeshore
which is not in the best interests of water qualit�- and protecting lake
views for adjacent properties.
4. The City Council finds that the conditions e.r-isting on this property are
peculiar to it and do not apply generally to other property in this zoning
district; that granting the variances would not ad�-ersely affect traffic
conditions, li�ht, air nor pose a fire hazard or other danJer 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 applicant�; and would be in
keeping �vith 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 Plannin� Commission, reports b}� City staff, comments
by the applicants and the effect of the proposed ��ariance on the health, safety
and welfare of the communit}�.
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RESOLUTION OF THE CITY COUNCIL
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CONCLUSIONS, ORDER AND CONDITIO\S .
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 1,777 s.f. (37%) of hardcover within the 75-250' lakeshore
setback where 1,187 s.f. (25%) hardcover is allowed and Section 10.24, Subdivision 5 (B)
to permit a 10' front yard setback where 35' is required, subject to the following conditions:
1. Applicants shall apply for a demolition permit and remove all existing
structures and hardcover prior to issuance of a buildinQ permit for a new
structure.
2. Applicants shall provide 2 original copies of a revised survey showing the
building plan and all proposed hardcover. Such site plan/survey shall be in
substantial conformance with the approved site plan attached hereto as Exhibit
B.
3. Council approves Zoning Application #2634 for a lot line rearrangement and
street vacation.
4. It is the position of the Council that it is not possible for future garage
construction and/or additional hardcover on the property based on the proposed
construction plans and the existence of a sewer easement over the driveway.
5. 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 (December 11, 2001).
6. 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.
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RESOLUTION OF THE CITY COUNCIL
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7. The undersigned applicants 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 llth day of December, 2000.
ATTEST:
,��..j��. ,� `/� ��.
�Linda S. Vee, City Clerk Gabri Jabbour, Mayo
Property Owner (s)
S .,.,� . 5'.� ,
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this llth day of
December, 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 ANN JOHNSON �/�/�jl �"�
�/ W�. %NL� L ✓r�:��—
NOTARY PUBUC-MINNESOTA Nota : �I1C ,j�
M�r C�drrNula�Eupiras Jan.31�2005 ry
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RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN )
On this �day of l'C�N,� , 20 D 0 before me a Notary Public within and
for said county, personally appeared .�/ cc� �d�j-�-L arr��e� known
to me 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.
JOELLEN L HURR ` �
NOTARY PUBLIC-MINNESOTA �—
� �����"�1851�� tary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /�day of �C�tyr,d,vi,, , 2000 before me a Notary Public within and
for said county, personally appeared � �h �6�, (�� �c�,b.t�yt rNar�•^i'e e� known
to. me to be the person(s) described in and wh executed the f egoing instrument, and
acknowledged that he(they) executed the same as his (their) free act and deed.
. JOELLEN L HURR , � � /j
. NOTARY PUBl1C-MINNESOTA � �bf-c LiYL
My Commission E�ires 1l31/2005 ,.1 tary Public
STATE OF MINNESOTA )
. . ) ss.
COUNTY OF HENNEPIN )
On this day of , 20 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 foreaoing instrument, and
acknowledged that he(they) executed the same as his (their) free act and deed.
. Notary Public
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EXHIBIT A � � � '' .
Lot 13, and those parts of ,Lo� 17: antl the adjoining vacated service
: •
� .road which lie soutn of the 'westerl; eXtension of the north line of said
Lot 13 and east of a line 30 feet �west of, measured at a right angle
to, and parallel with the west line of said Lot 13, all in "LOMA LINDA".
NOTE : In the plat of "LOMA LINDA", the streets were
dedicated for the use of the owners in that addition.
Pa;e 7 of 8
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EXHIBIT B � ' L 0�,�� CERTIFICATE OF SURVEY FOR
BLACKTOP ��Npq s � �UELLA GOLD6ERG
ROAO AS
. TRAVELLEO . ' . .
NUE OF LOT 13, LOMA LINDA
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NENNEPIN COUNTY, MINNESOTA
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.EXISTING / .
HOUSE i
EXISTING LEGAL DFSCRIPTION :
' Lot 13, "IOMA LINDA" :
PROPOSEO LEGAL �ESCR�PTION :
• Lot 13, and those parts of Lc: 17 and the adjoining vacated service
read which lie sout� of the westeri;J extension of the north line of said
Lot 13 ond eost of a line 30 fee: west of, meosured at a right angle
to, ond porollei with the west line af said Lot 13, ali in "LOMA LWOA".
NOTE : In the piat of "L061A LI\�A", the streets were
dedicated for the use of the owne�s in fhat addition.
� o : denotes iron morker
Bearings shown are based upon cn assumed datum.
This survey inter�ds to show the �ou�daries of the above described property.
the locatiun of an existing cabin, and the pr000sed location of a proposed house
thereon. It does not purport to s^'w any other improvements or encroachments.
ed b me a uda �cct SCALE
I Iw��a3r Uet Uis rrvey*m prep� I �7 �' ��• 3p�
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