The URL can be used to link to this page

Home My WebLink About#4827-variances-2003 � °� o ,�A� o ��^� � CITY of OIZONO � �� ,�� .� ti � � ::�� .�G~' RESOLUTION OF TH CITY COUNCIL �kEsH�4 NO. �� `�' A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZO\'ING CODE SECTION 10.23, SUBDIVISION 6 (B), SECTION 10.22, SUBDIVISION 2, AND SECTION 10.56, SUBIVISION 16 (L)(2) FILE NO. 02-2862 `VHEREAS, Steve Gron��all, (hereinafter "the applicant") is the owner of the progerty located at 1586 Long Lake Boulevard within the City of Orono(hereinafter"the City")and legally described as follows: Exhibit A, (hereinafter"the property"); and �VHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6(B)to allow•construction of a new attached garaje with a second story to the existing house to be 4.5' from the rear lot line where 50' is required, 14' from the side yard adjacent street lot line where 50' is required in the LR-lA zoning district and to allow 2,313 s.f. (35.34%)hardcover in the 2�0-500' setback zone where 1,963.5 s.f.(30%)is allowed;and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Plaiuiing Codes, the Orono Planning Commission held a public hearing on January 22, 2003, at which time all persons desiring to be heard concerning this application �vere given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FI�'DINGS 1. This application ��as reviewed as Zoning File #02-2862. 2. The property is located in the LR-lA ZoninQ District, w�here 2.0 acres is the minimum required lot area. The property consists nf approximately 0.16 acres. 3. The Orono Plannin; Commission revie«•ed this application on January• 22, 2003 and recommended approval by a vote of 5 to 1. Pa�e 1 of 7 � o� 0 0 CITY of ORONO .. ,;.. � ti �� ' � G~' ` RESOLUTION OF THE CITY COUNCII �`�kEsKo�� No. 4 8 2 � 4. The Planning Commission made the following findings of fact: A. The existing residence was built in 1951,prior to city adoption of the current 2 acre zoning standazds. B. The hardship is the existing house location in relation to front and street lot lines. � C. The residence to the north is located approximately 15'from the property line. D. Lot coverage by structures will be 1,410 s.f.,well below the 1,500 s.f. limit. E. The second story over the garage will not obscure the adjacent properties' view of the lake. � F. The properties in the immediate neighborhood to the applicant's lot aze much larger and many have combined lots. There is not any other land to acquire to increase the size of the property to meet the required area in the zoning district. G. The subject property is a corner lot. H. Due to the location of the house and its interior layout, there is no practical way to locate the proposed garage space and additional living space addition in a conforming location. I. Hardcover in the 250-500' setback zone will increase by 78 s.f. Applicant shall remove 78 s.f. from ground patio and garden area to maintain existing level of 2,313 s.f. (35.34%). 5. 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 will 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 Page 2 of 7 � �� O 4 � 11��- CITY of ORONO � � • �'' ..��... 1'7 M G_ ��tit ��,'�'' RESOLUTION OF THE CITY COUNCIL `9k'ESi30g' NO. 4 � `� '� City. 6. The City 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 variances on the health, safety and welfaze of the community. � CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23,Subdivision 6(B)to allow construction of a new attached garage with a second story to the existing house to be 4.5'from the reaz lot line where 50'is required, 14' from the side yazd adjacent street lot line where 50' is required in the LR-lA zoning district and to allow 2,313 s.f. (35.34%)hazdcover in the 250-500' setback zone where 1,963.5 s.f. (30%) is allowed. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit B. Any amendments to the site plan may require further Planning Commission and City Council review. 2. The applicant shall remove 78 s.f.of hardcover in the 250-500' setback zone prior to final inspection. The 78 s.f. will be removed from the existing driveway on the property. 3. 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 yeaz of the date of Council approval, or these variances will expire on that date (February 10, 2004). 4. 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. 5. The undersigned applicant has read, understands 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 property. Page 3 of 7 � O� O 4 CITY of ORONO ,� ... .;�-.. � � , r �� G�' RESOLUTION OF THE CITY COUNCIL �`�kEsKog'� rvo. 4 g 2 '� Adopted by the City Council of the City of Orono,Minnesota at a regular meeting held on the l Oth day of February,2003. . � ATTEST: � _ ,� l�� r,��,4.�� :� n.r �,inda S. Vee, 'ty Clerk Bazbaza A. Peterson, Mayor ._ , Property O er(s) ' STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this l Oth day of February,2003 by Barbaza A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instniment was executed on behalf of the City. _ 11.,� -��,.C�� .,.�10�,,,,�o,�.�,�,�o`, No Public �. ALISSq q,WINTERNHEIMER NOTARY PUBUC-MINNESOTA �'�Y�.'nr;�sicn Expir�„�Jcn.31,2006 S�'ATE OF MINNESOTA �-:�.��.w�.,�.,,�,...��,.� COUNTY OF HENNEPIN � ��" � � The foregoinD instrument was acknowledged before me on this /�� day of February, 2003 by Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. •.::., �?.° . __.. :'�'`�'aF J!' �c...,� � � ;n,-^;'' h�- ,.. �,._...c�OTA �� :�, iyi My CcTr,.,_...;�-;.ir2s J.:n.31,1�05 _.�,.....,•,,<*- Page 4 of 7 � O,�. O O � CITY of ORONO S � �� • �.,. ,.�;. 17y r � ��t Y �G~' RESOLUTION OF THE CITY COUNCIL `�kEsKo4 ruo. 4 � � ,� Notary Public � STATE OF MINNESOTA � COUNTY OF HENNEPIN � y� `� On this �J�day of-;�� E�t�.`�'�,�003,��"E-� ��'y`��-'�-<< �� personally. appeazed before me, who is personally known to me �' whose identity I proved on the basis of_ i�1�1 titi �L. whose identity I proved on the oath/affirmation of �a credible witness � and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/th ' »; ��, ��'`:"'� RACHEL DOJGE � .. • �>; � ,_ ,' � NOTARY PUELIC-M;P��E�OTA �_,�c�S� ��(� �j t. � ,j F:ly Commission Expires J�n.3i,2005 � �� - _ -. �:_,.�- Notary Public SOTA COUNTY OF HENNEPIN On this day of , 2003, nersonally appeared before me, who is personally known to me - whose identity I proved on the basis of � whose identity I proved on the oath/affirmation of a credible witness ' and who executed the foregoing instnunent,and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 5 of 7 - Exhibit A � 4 8 � ;� , LEGAL DESCRIPTION OF PREMISES : . ; That part of Lot 11 lying westerly ' r � of the foilowin g described line a n d . ' its northerly extension: Corm�encing at the southwesterly corner of said • lot ; thence north along the West line of said lot a distance of 73.3 feet to the point of beginning of the line being . described; thence deflecting right 24 deCree� 36 minutes a distance of 16.73 � feet ; thence deflectirig left 13 degrees to the northerly line of said lot , and there �ending, "Albee' s Long Lake Addition" . and Lot 12, except that � part thereof lying southerly,of the � following described line : Corrmencing . at the Southeast corner of said lot ; � thence north along the East Iine of ' said lot a distance of 73.3 feet to the point of beginning of the line � being described; thence deflecting . - � left 155 dec�rees 24 minutes to the southerly line of said lot , and there � ending,� "Albee' s Long Lake Addition" : and except that part of Lot 12 "Albee' s ' Long Lake Addition" , lying westerly of the following described line : Corrrnencing �at the Northwest corner of said lot ; . thence south along the West line of � said lot a distance of 116 feet to the � point of beginning of the line being . described; thence deflecting left 55 degrees to the southerly line of said lot � and there ending . Page 6 of 7 ' ' � ` '� ' Exhibit B u CERTIFICATE OF SURVEY FOR �� — ...; .�- Ssso STEVE GRONWALL / 36,20�I�LOTS 11 & 12, ALBEE S LONG LAKE ADD. 1 HENNEPIN COUNTY, MINNESOTA � GRAVEL DRIVEWAY � y ,9S " �-� -��'.:t� : � � � � ' �l8�'� '`a . � . �s s _•:� � i e . - �`' . � � �,2� ��, � � . O �y / � � � � �-,•. � ea�xsTE � 1�5;�' �`•�� . .. c�D i�``uSve ' � � 'EXI5TING a� ; ♦ `4 � / 3 � 1 j � W . .�_ ,0., HousE � o,� c , . , o „ •� ; o o � N �,�, � n srrns a" • . iai �i , 00 N � � . o ' M o .� i ' �.�i�-':. ' i : ��, !'•�� Z .+�''�! BLACKTOP ..,,�`"ti-.w�Es`ro?K � tss 4 E; � i i � ROAOWAY - � � I 1 �I�1 t� �230' SETBAqC LAtE � io � ' . ��_ ` ' N � LEGAL DESCRIPTION OF PREMISES : i S�o ,� ,� � That part of Lot 11 lying westerly � ? „7 0��, of the following descr�bed line and . 5•es ` �'g m ��rj�. � its northerly extension: Cm�rr�encing O�, p � at the southwesterly corner of soid • c�� O �, lot; thence north along the West line � / �' of said�lot a distance of 73.3 feet to J� '`:`'`�-;...._ ./ ,O � the point of beginning of the I ine being '�s •s0''� tp � described• thence deflecting ri ght 24 �. �Y ; degrees 36 minut�s a distance of 16.73 j ' r,j � feet; thence deflecting left 13 degrees . 'ti,, .ur��s/ � to the northe�ly line of said lot, cnd .��iO� °"°T't ; there ending,•'Albee's Long Lake O � r�y� J� � Addition". and Lot 12, except that � a�o*+i'� �b � , port thereof lying southerly.of the � � �� following described line: Corrrr�encing at the Southeast corner of soid lot; ��J thence north along the East line of r'`Y� / said lot a distance of 73.s teei to �� j the point of beginning of tha line � s,r�reae being descri be d; t hence de f lec ting a�or ,� �eft 155 dec�rees 24 minutes to the � �P southerl� line of said lot. and there , ending, 'Albee's Long loke Addition": and except thut part of Lot 12 "Albee' s � Long Lake Addition" lying westerly of the fbllowing desc�ibed line: Cm�rr�encing at the Northwest corner of said lot; thence south along the West line of • � soid lot o distence of 116 feet to the point of beginning of the line being ,.,,�_ - described; thence deflecting left 55 degrees to the southerly line of said Iot, and there ending. - • ;.. o : denotes iron morker � �� `3 .. Bearings shown ore bosed upon an cssuried datun. �J � '4 This survey intends to show the bound— � �� +•�.-� - ;�„yr�" cr i es of the o5ove descr i 5ed proper ty, the location of an existing house, ond �t, .� �,;,. the location of ell visible "hardcover" �� thereon. It does not purport to show an/ ;� " other improverrients or encroachments. �� I IxreDr artJr Ihct Ua snry rm preprad!y me ar crdr ary�rat sqc- SC��E� GRONBERG dc ASSOCIATES,INC. +�►��i�a a,y��a�a r,��ma��a s��«� t =20 �� Ihe laws of the Stote ot Afinesota DATE � �N�� 12-27-02 � �oe • . cco +' � x�b�Ifinnesota lica�se NunDa 12755 02-522 Page 7 of 7