The URL can be used to link to this page

Home My WebLink About#4318-variances-1999 � � � � O �� \ . //o o�,�, '! !� CITY of ORONO j� � �4� � '� a ,,� tii \�� G'�' % RESOLUTION OF THE CITY COUNCIL \�� / � � ._� ��.� �S� N O. A RE50LiTTION GRANTIN� VARIANCES T'O lYIITNICIPAi. �ONING CODE ��C'3'I�N 10.03, SU�3�DIVISIt�i�TS 12 AN� 15 (F) �-�1e1I3 SECTION 10.25, �UBDIVISION 6 (B) F�,� #2496 �VH�REAS, Patrick D. O'�'lanagan and 7eanne L. �'Flanagan (hereinafter "the applica,�ts") are owners of the property located at 389� North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: That part of Government Lot 2, Section 17, Township 117, Range 23, described as beginning at a point on the North line of said Government Lot 2 distant 1179.75 feet �Vest from the meander corner on said North line; thence West along said North line 52 feet; thence South at a right angle 148.5 feet; thence East at a right an�le 52 feet; thence North at a right angle 148.5 feet to the point of beginning, Hennepin County, Minnesota (hereinafter "the property"); and VVII�REA�, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Com-nission held a public hearir�g on June 21, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and W�E1�E�AS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 12 to permit construction of a 6' wide deck between the existing residence and the detached garage where 10' is required between an accessory and main structure; Section 10.03, Subdivision 15 (F) to permit the detached garage to be located 6' from the side lot line where 10' is required; and 5ection 10.25, Subdivision 6 (B) to pemut the construction of a deck 24' from the rear lot line where 30' is required. Iti t)W, �'��FOR�E, BE IT RES'�I.V�D by the City Council of Orono, Minr.esota: Pa�e 1 of 6 ' / w /'�/1 O /7 � O O �, CITY of ORONO � � ti ti RESOLUTION OF THE CITY COUNCIL G ,- � :-, L�ESHp44' NO. 4: z� .� � FINDINGS 1. This application was reviewed as Zoning File #2496. 2. The property is located in the LR-1C Zoning District, where .5 acre or 21,780 s.f. is the minimum lot area. The property consists of .28, acre or 6,032 s.f. 3. The Planning Commission reviewed this application on June 21, 1999 and recommended approval on a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A. The lot is unusually small and nanow for the LR-1C zoning district. B. The property is not currently served by a garage and there is not another location for it on the property. 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 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 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. 6. 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 � . �--- � O� O O - �, CITY of ORONO � � ti ~ � RESOLUTION OF THE CITY COUiVCIL ��9kESII�S�`�G NO. �.� .� � \_ -�_� COiYCLUSIOle+1S, 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, Subdivisions 12 and 15 (F) and Section 10.25, Subdivision 6 (B) to permit construction of a 6' deck between the detached garage and residence. Section 10.03, Subdivision 15 (F) to pernut the detached garage to be 6' from the side lot line. Section 10.25, Subdivision 6 (B) to permit the construction of a rear deck to be 24' from the rear lot line. Approval was subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan and/or hardcover may require further Planning Commission and City Council review. 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 (July 12, 2000). 3. 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. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the r�cording of this resolution in the chain of title of the property. Page 3 of 6 • , w % /� O� O O , CITY of ORONO � � ti ti RESOLUTION OF THE CITY COUNCIL ��9kES�I�g'�G NO. � � �' '� Adopted by the Orono City Council on this 12th day of July, 1999. ATTEST: ��'Y� " � �/ 1 . . Lincia S. Vee, City Clerk Gab 1 Jabbour, May < < � � �� Property Owner(s) . , STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instiument was acknowledged before me on this 12th day of 7uly, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ��a w4sE� �r� �- � :. � ��.��z �-' ��_�soT� Notary Public ��,EupYe,,len.3�.200s Page 4 of 6 • � -1 // O � � ' O O . ��, � CITY of ORONO a � ti � �`�� . � G'�►' � RESOLUTION OF THE C.I.TY COUNCIL . \l � . . , 4 � zv � . � �ESHp4 NO. STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) �ooa • On this�►,d day of �„�.ti _, �9�9 before me�a Notary Public within and for said county,personally appeazed -f- � O'l= �►v,ar r�'e�. kaown to me to be the personts) described in and w�o execute the fo:egoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. c�oi.E a Has�� ,r�c-�sot,► �.� � �,co,n,,,�,,,e,�w,a�.s+.zooa NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ,.`Co 00 On this :��n� day of �-(�� , �99 before me a Notary Public within and for said county,personally appeared ��n n 1 �'F 1�� , ty��r+�� known to me to be the person(s) described in and who execute the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. -:,�- 1 � CAROLE A HASEMAN �/CiY r��a �Ct .� ��-rc�s.J — NOTa�r we��c-�r,�so�r� �TOTARY PUBLIC• ' My Cam�io�Exp�s J�31.2006 . Page 5 of 6 . ..... _ �_ , � � . . . . 43 � � -� M M � . _- WEST 52.00 ___ ___ 1179.75 ------------ , ,'�oo ;;--- ,�`---------- � , N. Line of Gov' t : � . �NORTH � � SHORE � DRIVE . se�.. ,�—„�-23 � � (COUNTY ROAD N0. .19) � � � � M M _ ..... ..� _ . . M ... M ... . .... ... __._.. . _ � . . o��'•.� � 52- - - - -� - - - - - - -- -- - - - - -- - - - - -- - - - - - - - : , .. � , . ..... _ ..... .. � . . €cp o. . . . .. . . . . . ' c� M - . O ) � 0 .. . � � ... !n '�' � � � , �d' r � r � ' s . . � . _ __ c,� oa �5.3 a. . _ � . � � ' � � � � EXISTT� p - � cn Z _ ..... _ _ • •____ � ti N . r " "� � � .... . ... .._._.. . �. _ ✓� . .� . . J G/ 4 r ! � ,,� �� HOU�. ��~�- � � � __... � .. .. . � � �. . c: . „ __.. . � 1�,a � 20.� s.4 . �- �� .... pR o�s�d ........ ;.,�� , t�►Fc K B . . . �,�._.>,.::,;._:._:.� . l ��:�:�_ t$ t R��' :, ,��:. ' �� ';. �`� . . ' �r�_�� ' ; ' o .9 i +•:.;. � � �Q �O / - F� y��Y. —— ——— — —�'-13===`?.'.._ __ EAST 52.OG -' ��:o �:��' :.;� o - ''e ...�... ..�(;� � D �' .RIPTION� ... .... . �-• - �Fhat�--par�••of• Government Lot 2, Section 17; Township 1 !':'. �Range 23, described as beginning a� point on the North line of said G��vernment Lot 2 distant 1179.75 feet West from the meander corner� on said North line; thenci� West along said North line 52 feet; thence South at a rig h� angie�.148.5 feet; thence East al. a right an�le 52 feet; thence North at a right angle 148.5 .to the point of beginning, Hennepin County, Mmnesota.