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Home My WebLink About#3305-variances-1993 r O � �' CITY of ORONO O .� O _ �,�T� ,� RESOLUTION OF THE CITY COUNCIL � �� ti NO. �� ; � �t ' �G� `�x'E88o4 A RESOLUTION GRANTING VARIANCES TO � MUNICIPAL�ZONING CODE . SECTIONS 10.03, SUBDIVISION 9 (E); 10.03, SUBDIVISION 12; 10.22, SUBDIVISION 2; AND 10.03, SUBDIVISION 14 (C) FILE #1837 WHEREAS, Cindy J. Fredrickson (hereinafter "the applicant") is owner of the property located at 1516 Long Lake Blvd. within the City of Orono (hereinafter "City") and legally described as follows: Lot 5, Albee's Long Lake, Hennepin Counry, Minnesota, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.03, Subdivision 9 (E); 10.03, Subdivision 12; 10.03, Subdivision 14 (C); and 10.22, Subdivision 2 to permit construction of a 24'x32' detached garage within the rear yard of the property to be located 2' from the east lot line and 4' from the rear lot line where a 15' setback is required. The structure will be located 8' from the principal structure instead of the required 10'. The addition of 768 s.f. of additional structure will result in an excess of total lot coverage of 4.2%. Total structural coverage is at 19.9% where 15.7% exists and where 15% is allowed and existing and proposed hardcover improvements on the property result in 3,894.52 s.f. or 45.39% hardcover within the 250-500' setback area where only 2.574 s.f. or 30% is allowed and where 4,164.9 s.f. or 48.5% exists. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1837. Page 1 of 5 " ►�.��. � 1 �' ��' CITY of ORONO O . O - ��' RESOLUTION OF TI� CITY COUNCIL t��T1 i� � Y_ a ��;��. �. � rro. 3 � � � �� ` c,�� 9kESI;�g� 2, The property is located in the LR-lA, Zoni.n� District requirin� 87,120 s.f. or 2 acres'. The property consists of 9,727 s.f. or .223 acres. � 3. The Orono Planning Commission reviewed this application on June 21, 1993, and recommended approval of the variances as proposed based upon the following fmdings and hardships: p. The lot is less than a quarter of an acre in area and subject to 2 acre zoning standards. B. The property located within the shoreland area of the City has a septic system that conforms to the 3' required separation from seasonal water table to bottom of trench. . C, The proposed garage althouah located within a substandard setback will be located further away from the side and rear lot lines than the existing structure. D. The City has received no negative comments from the neighbors notified of the proposed improvement. _ E. The overall improvements will result in a decrease in hardcover of 270.4 s.f. or 3.1%. F. Visual impact of the 12'h' high structure will be minimized because of the location of a 6-7' high privacy fence and the fact that swcture will be cut into the higher elevations of the rear yard. 4. The City Council fmds that the conditions existing on this properry are peculiar to it and do not apply generally to other property in this zonin, district; that granting the variance would not adversely affect traffic conditions, liaht, 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 di�culty; is necessary to preserve a substantial property right of the applicant; and would be in keepina with the spirit and intent of the Page 2 of 5 �.soos o�.a.. _ � °� CITY of ORONO O :-� : � - �'�T� RESOLUTION OF THE I'�Y CQ�TNCIL ''� � � �'' NO. ,� - �� =,.� � �� ti �� Gti ��ESS��`'� Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the fmdings 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 CONDTTIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections noted above to permit the construction of a 24'x32' detached garage located 2' from the east lot line and requiring a 13' or 87% variance, structure will be placed 4' from north line requiring an 11' or 73% variance, structure will be placed 8' from principal structure requiring a 2' or 20% variance. The addition of 768 s.f. of structural coverage results in a 4.9 lot coverage variance and the installation of the detached garage results in hardcover variance within the 250-500' setback area of 15.3 9�. Approval is subject to the following conditions: 1. Existing storage shed on blocks in rear yard shall be removed prior to the final inspection for the new detached garage. 2. All other hardcover improvements scheduled for removal must be completed prior to the footing inspection for the new construction. 3. Based on the substandard setbacks proposed for garage, special firewall construction shall be required along the east, south and north side of the structure. 3. Authorities granted by this variance run with the properry not with the applicant, but are permissive only and must be exercised by application for a building pemut within one year of the date of Council approval, or this variance will . expire on that date (July 12, 1994). Page 3 of 5 � ►�.��. � °� - . � CITY of ORONO O ,.� _ �;�T� ,� � RESOLUTION OF 1'HE CITY COUNCIL . '� �� , NO. � � � � � , ti► ��9� og�G ESS 4. 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. 5. The undersigned applicant has read, understood and hereby agrees �to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of tide of the property. Adopted by the Orono City Council on this 12th day of July, 1993. A T: ,v'� . '7 �� . � . ,� /;., , � .2 � , . . Do thy M. al in, City Clerk �,dward J. Calla�an,a Jr;—Mayor � . � Property wner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing inst�niment was acknowledged before me on this 12th day of July, 1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the Ciry of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . �E�. tus�wuu ��j�y � o�n„�.�� HENNEPI�p�j�� . NOt3Iy Pt1bi1C AfY CC;:F.t',^^,'„^„Y EXPIRES 82}gp .-.eK-.>-...<.>�-�,.n,e,n, Page 4 of 5 - �..��►�» _ . � o� � CITY of ORONO O .� _ �,�� ,� RESOLUTION OF THE CITY COUNCIL � �� ti NO. e� � �y �� , , ti, ��9� o4�G ESII STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) � � On this ��-�`� � day of , 199 3 before me a Notary Public within and for said county,personally pear �„r.��4��Q.�� ,,,,,��,,��,� . known to me to be the perso s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � ""'�'-�. -..�' .: . � � �`" • JAMIE L.BOSMA : ` NOTARY PUBUCrMINNESOTA • ' ' : ' HENMEPIN COUNTY . . .�.-•• My Comm.Fxpi�es 12-19-97 NO Y PUBLIC STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) On this day of , 199 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, and acknowledged that he (they) executed the same as his (their) free act and deed. �NOTARY PUBLIC Page 5 of 5 _ r«�.saos aa a�