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Home My WebLink About#3337-variances-1993 � � O � �' CITY of ORONO O :.�. � O - � � ,� RESOLUTION OF T'HE CITY COUNCIL � � ` . � G� 4�J ��'j ,� , 4�'�' � _ N0. �. ��, �' ` �' G~ �9k,E8I��g'� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B) FILE NO. 1854 WHEREAS, Troy D. Anderson (hereinafter "the applicant") is tlie owner of the property located at 1490 Long Lake Boulevard within the City of Orono and legally described as follows: Lots 3 and 4, Albee's Long Lake Addition, Hennepin County, and That part of Government Lot 1, Section 26, Township 118, Range 23, lying East of a line drawn parallel to and 675 feet East of, measured at right angles to, the West line of said Section 26 and West of the extension south of the most Westerly line of Lot 1, "Auditor's Subdivision Number 291, Hennepin County, Minnesota" (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal .Zoning Code Sections 10.23, Subdivision 6 (B} to permit construction of a 26' x 26' attached garage addition to be located to the north side of the residence to be placed 16' from the east side lot line where a 30' setback is required and 44' from the north rear lot line where a 50' setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1854. � 2. The property is located in the LR-lA Lakeshore Residential Zoning District requiring two acres in area. The property consists of approximately 32,000 s.f. in area. 3, The Orono Planning Commission reviewed this application on September 20, 1993 and recommended approval of the proposed vaziances based upon the following hardships and unique findings: Page 1 of 6 ' w.��.�. , . .. s � O� O :. Q CITY of ORONO ..� . �''�' -� RESOLUTION OF TI� CITY COUNCIL �, -�-��' � � � ' `�S� � y � � NO. "�' G �,��Hog�, � A. The property has an unusual shape; house has been placed to the east side of lot where building envelope is most restricted. B . The property consists of 3/a of an acre and is subject to two acre zoning � standards. C. If garage was moved further west to meet the 30' side setback, the structure would block the major view windows of the north side of the residence and a major portion of the screened porch. D. The property is not currently served by a garage. � E. There is not enough depth in the lot at the eastern portion of the property to allow a garage addition to the rear and meet the required rear setback for the zoning district. 4. The City Council fmds that the conditions existing on this 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 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. 5. The Ciry Council has considered this application including the findings and recommendations 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. � CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of a 26' x 26' garage addition to be installed at the north side of the existing � Page 2 of 6 E«.so�owa�. . _ . O� � CITY of ORONO O ,� O - �:�T� RESOLUTION OF THE CITY COUNCIL . a� ��'� � �, � �. ,:, - ,�, , `��, No. � �.% y � -1 t��9� og�G ESH . residence to be located 44' from the east lot line requiring a 6' or 12% rear setbacic variance and � 16' from the side lot line requiring a 14' or 46.6% variance, subject to the following conditions: 1. Prior to the City issuing a building permit for construction of garage addition, the applicant must complete the following: a. Plantings of arborvitae along east side of residence and along north lot line as shown on site plan included as Page 6 of this resolution. b. Siding to be completed for second story expansion except for area behind house where garage is to be attached. c. New septic system to be installed. 2. Septic test areas must be staked off and protected prior to applicant's removal of existing access drive; the removal of the drive must be completed by November 20, 1993. 3. Plantings are to be extended along east side of garage addition as shown on Page 6 of this resolution and to be installed no later than May 30, 1994. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approvai, or this variance will expire on that date (October 11, 1994). 5. Violation of or non-compliance with any of the terms and .conditions of this . resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6, 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 PraPeri3'• Page 3 of 6 � f..soos aam» _ . _ , � O - � CITY of ORONO O .� . a O � ' -> RESOLUTION OF TI� CITY COUNCIL . �► � �ti N0. `�:� �~. fr., � ` G � �9x�,'SS�g'� � � Adopted by the City Council of the City of Orono, Minnesota at a xegular meeting held on the 11 th day of October, 1993. A T ST: or thy M. , City Clerk ward J. Call , Jr., Mayor - - 11.L'u--Z.. (/C • C�✓hG Pro rty Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this llth day �of October, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Ciry. J - (/�� _ LINDA S. VEE NOt P11bI1C NOTARY PUBUC- MINNESOTA �Y HENNEPIN COUNTY �s My oomrr�isslon expires 8-12-96 L ♦s��i Page 4 of 6 IA500S piOM� o : � �' CITY of ORONO O � , O - �?� ,� xEsoLvrtoN oF � crrY covivcu, � � �� . �, �'� ti No. �' �� , ti �,�9� og�C, EsH STATE OF MINNESOTA ) - ) ss. . COUNTY OF HENNEPIN ) On this�'L day of �n f i;h r� , 199�before me a Notary Publie within and for said county, personally appeared . r 'c known to me to be the person(s) described in a d who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A. HASEMAN NOTARY PUBLICr-MNNESOTA ��Jl CJ/ • i�'✓-d�� . 3 HENNEPiN COUNTY. �� "��:.t;^y�c��REg�� NOTARY PUBLIC �� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this�day of , 1993 before me a Notary Public within and for said county, personally appeared � ��e 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 (their) free act and deed. 4 CAROI.E A. HASEMIW NOTA""��" NOTARY PUBLIC HENNEPIN COUNTN W CO�iMISSION EXPIHES 6,xlOs � ' Page 5 of 6 ��.� . _ . - • - ,., .� r ' . . � . RESOLUTION tt �� N G6� _ PRELIMT�IARY SITE PLAN ' �g�.�3 ., - . . ('�/ . � . � , . • • �2g . . . 'Z9 . • I • W � ' . i- . W c� , r- ; , , � � �T L �_: _ S � • � � � o d,' M t�. . . � _� . . • . � �� . . .� z r ._y 5�.79 • . f%y tx��..�i.n or.a�� G • • � �a�jy /.:.e e�L.f /� / �Iw./. Ia.rl. �/o. Z�/ l;3 �/ 'P.jl�� 8•p ` f ' _.:/ " ,R8�2R�S I + . � . � :�.. _ � • �, .� ,•. � � � �. � a � . .\ ' - � � �•, �o � � �� , , • :.� ,,i �' / �' , ' � o � o'a `�� M 3Z � i { � � _, . O� `�i. — l .6 Ex i i f;ti '�.+ ' .•(o� r !. . / `. �� — .. ✓ �., '�� V:C,N �^� , � � •5 ." .8 . t o � . . '� .- ., . •, sr I w :,.. r�� h ?20 , j N ._ � I t� � Q °„ i... ��' - - - - - - � ' � z - 6�S - - - . ' . ��, ,,, , � ,4�. . �n , � . o m � . �t . , , -�y rd� N z � --�--- . N B 9'4l'E ti ' • So.,�4, lirie of Sc�tia�• Z� � T 118 K Z'S Five pyramidal arborvitae evergreens are proposed as a buffer immediately east of the applicants residence_ The trees will ; . be between 8 ' and .10 ' tall when planted and could grow to 30 ' . '.� The trees will be planted approximately 7' apart for a �ontinuous buffer. . � Page 6 of. 6