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Home My WebLink About#4605-variances-2001 . , ; , �// O�l � ' V O O �,. - � CITY of �RONO � � �� G'� � RESOLUTION OF THE CITY COUNCIL ��IfESH� NO. � � � �;;. � A RESOLUTION GRANTING VARIANCES TO MUNICIPA�, ZONING CODE SECTION 10.03, SUBDIVISION 9 (D), SECTION 10.24, SUBDIVISION 5 (B) FIL� NO. #2649 WHEREAS, Charles Leekley (hereinafter "the applicant") has a.n interest in, and 1,�Iarie �`'endt is owner (hereinafter "the owner") of the property located at 1�25 LonQ Lake Bou�evard within the City of Orono (hereinafter "the City") and legall�� described as follows: All of Lot 20 and that part of Lot 21, which lies West of a line dra��n North and South through said lot and midway between the East and West lines of said lot in "Albee's Lonj Lake Addition" (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Min�ieseta Stattites and the City of Orono Zoning and Planning Codes, the Orono Plannina Commission held a public hearing on January 17, 2001, at which times all persons desirin� to be heard concerning this application were given the opportunity to speak thereon; and W�3EREAS, the applicant has applied for a variance application to th� City for variances to Municipal Zoning Code Section 10.03, Subdi��ision 9 (D) to permit a gara�e entrance 5` from the north oroperty line where 30' is required; and Section 10.24, Subdivision � (B) to pernut a S' side setback where a 10' setback is required for construction of a detached tcvo stall �ara�e. NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Nlinnesota: FINDINGS 1. This application �vas reviewed as Zonin� File #2649. 2. The property is located in the LR-1B (1 acre) One FamilS• Lakeshore Res:deritial Zonin� District. ;. The Orono Plannin� Commission reviewed this application on January 17, 2001 and recommended approval on a vote of 4 to 0 for variances based upon the following findings and hardships: Page 1 of 6 i O /� � O O , CITY of ORONO � � ti t� G~ . RESOLUTION OF THE CITY COUNCIL �t�SI��4'� NO. � 4 '� � �� A. The site topography restricts the garage to only the northeast comer of the property. The properties along Long Lake Boulevard slope to home building sites. The garages must be located at the top of the hill to avoid unsafe driveway access to the properties. The location of the existing well and site topography restrict the garage location to only the far northeast corner on the property. B. Long Lake Boulevard is located 10' above the ground elevation of the house. If a gazage were located attached or near the house, a driveway with slopes at or neaz 15% would be required. The City of Orono normally suggests driveway slopes not exceed 8-10%. C. An existing gazage is located only 1' below the Long Lake Boulevard. 4. The City Council finds 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 variances 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 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. 5. The City Council has considered this application including the findings 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. � � Page 2 of 6 , , , , ��---- �� 0 0 , - CITY of ORONO � � ti RESOLUTION OF THE CITY COUNCIL ��9kE II�4'�G NO. '' �� _ � 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 10.03, Subdivision 9 (D) to permit a Qaraae entrance 5' from the north property line where 30' is required; and Section 10.24, Subdi�-ision 5 (B) to permit a 5' side setback where a 10' setback is required for construction of a detached two stall garage, approved site plan is attached hereto as Exhibit A, subject to the following conditions: l. Applicants shall apply for a demolition permit and remove the e�cisting gara�e and storage shed prior to issuance of a building permit for a new structure. 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 (February 12, 2002). 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 shall be punishable as a misdemeanor. 4. The undersigned applicant and owner have read, understand and hereby a�ree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recordin� of this resolution in the Chain of Title of the property. .. Page 3 of 6 S � / O � � O O , C ITY of ORONO � F '�' RESOLUTION OF THE CITY COUNCIL 'C�� G ��E3?rI0¢ NO. � �3 � �; Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 12th day of February, 2001. r1TTF ST: .�''. • ' � �Jd.�t,6�C�k ' �. ,�' �/. -�„t r-u Linda S. Vee, City Clerk Barbara A. Peterson, Mayor ' ��>��--.. Property Owner � Applicant STATE OF NIlNNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument ��as acknowledged before me on this 12th day of February, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Oroiio, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ;�_ '� RACHEL DODGE {�; .r'� NO�TARYPUBLIC-M1�1NE"•OTA L�Q�.� �� O� � �.'.+� �,�y�pm�abn ExpYes Jan.31,20G5 �`_ —�� `-"" Notary Public � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this a�d y of S�f�-I--�rY��PI'� , 20 Cl before me a Notary Public within and for said county, personally appeared /j'�cr i� ��i'J�. -f/U�f-PP, known to me to be the person(s) described in and who executed the foregoing instrument, and acknowled�ed that he(they) executed the same as his (their) free act and deed. . ��='%"�i /� RACHEL DODGE �� C-/��-�'�--� �v�1n`-� �;;naav a�t�c.�coTA �; � �:.,�am,tntio„�a.m 3�,� Notary Public �>,� , Page 4 of 6 ` � � . 1 ��_� �� O� O O , - C ITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL �� G . ��SKp4 No. � � �� - STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��day of ��- , 200/ before me a Notary Public within and for said county, personally appeared �'��;-iP� � ��,�j_�, 5i�known to me to be the person(s) described in and who executed the foregomg instrument, and acknowled�ed that he(they) executed the same as his (their) free act and deed. f;j � ��_-��..../�-�� "✓•-.�-c1'C� ��;� �� RACHEL DODGE � Not Public � t�rat�r aueuc-�aw�^orA �Y ` M�r C,ortrr�ssion Exp�Jen.31,20� a,..y�. Page 5 of 6 ' � � , � EXHIBIT A 4 � � �, CERTIFICATE OF SURVEY FOR - -� CHAR�ES LEEKLEY W IOTS 20 dc 21; ALBEE'S LONG LAKE A�DITION — HENNEPW COUNTY. MWNESOTA : . . : L O�yG � ..» � . : ... ; .� �F�o� � , c� : j � ,.,,..,.� . ` "' '°'°"` ,�;e,, . •.�• , , L'•- ,., - . � .�.. . . � � �"": . ' S�A� ' _ . 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