HomeMy WebLinkAbout#2530-variance-1988 • -
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City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2530
ORONO:'
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
FILE #1345
WHEREAS, John Theobald (hereinafter "the applicant") is the owner
of the property located at 4017 North Shore Drive within the City of Orono
(hereinafter "City") and legally described as follows:
That part of Lot 4 lying Westerly of a line running from a point on
the Northerly line of Lot 4, distant 30.5 feet Westerly from the
Northeast corner thereof to the Southwest corner of Lot 4, and all of
Lots 5 and 6, Highwood Lake Minnetonka, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.22 , Subdivision 2 to permit the
;onstruction of a detached garage which will result in hardcover in the 75-
250' lakeshore setback zone in excess of the 25% hardcover normally
allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1345.
2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on October
17, 1988 and recommended approval of the proposed variance based upon
the following findings:
A) The applicant has revised his request from an original
request for additional variances for accessory structure floor
area and structure-to-structure setback. The current proposal
agreed to by the applicant will need no structure-to-structure
setback variance and no accessory structure floor area variance.
The Planning Commission found no adequate hardships to justify
granting of variances for the structure-to-structure setback or
accessory structure floor area variances.
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City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
Of ;' NO. 2530
;
ORO $
Existing hardcover in the 75-250' zone is 30.3% where 25% is
normally allowed. Planning Commission finds that there is
adequate existing hardcover that can be removed or constructed
above that no increase in hardcover above the existing 30.3% is
appropriate.
C) The applicant proposes to face the garage doors to the side,
hence the 10 ' street setback for that structure is allowable.
4. 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
variance on the health, safety and welfare of the community.
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 applicant, but is necessary to alleviate a demon-
strable 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono
City Council hereby grants a variance to Municipal Zoning Code Section
10.22, Subdivision 2 to permit the construction of a detached garage which
will result in hardcover in excess of the 25% hardcover normally allowed in
the 75-250' lakeshore setback zone, subject to the following conditions:
1. Only one accessory garage structure shall be allowed in the 75-
250' zone. Such structure shall not exceed 1,000 s.f. in total floor
area.
2. In the event that the property owner constructs a new garage in a
location that does not conflict with the existing garage structure,
the existing garage structure shall be removed immediately upon final
inspection of the new garage, or six months from the date of building
permit issuance for the new structure, whichever is sooner.
3. Final hardcover in the 75-250' zone shall not exceed the existing
5,816 s.f. or 30.3%.
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42,1 C ty
of ORONO
ciTy RESOLUTION OF THE CITY COUNCIL
OF NO. 2530
ORONO
,
4. The property owner is advised that the existing shed structure in
the 0-75' lakeshore zone is considered a non-conforming structure and
is subject to the pertinent ordinances governing such structures.
5. Authorities granted with this resolution 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 (October
24, 1989 ).
6. 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.
7. 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 property.
Adopted by the Orono City Council on this 24th day of October,
1988
ATT T:
'4"-{ALCAJILK
• 1
orothy M.-allin, City Clerk Jam R. Grabek; ayor {j
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//7) L ,a
Pro r ycaner(s )
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City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2530
ORONO
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of c?�Jy '�, �c�.? , 198; .
before me a Notary Public within and for said county, personally
appeared i1J K,J -174,-r. (-11-n 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.
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e:F NOTARY F' E 1 , ._ GTA NOTARY PUBLIC
My COLT 1 1 °° .2, °°c.,S-,..t.C Ii"92
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this ,- n",,_: day of �'i� 4-- r;,, ii}._',:) - , 198=, before me
a Notary Public within and for said County, personally appeared
lt.' f, �Jtx //f,'„ r L 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.
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.y NOTARY PUBLIC
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MY COMMISSION EXPIRES
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