HomeMy WebLinkAboutResolution 3482 • f tn ,� .
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 14 (C, E & �,
SECTION 10.22, SUBDIVISION 2, AND
SECTION 10.56, SUBDIVISION 16 (L)
FILE NO. 1959
WHEREAS, James Ogland (hereinafter "the applicant") is the owner of the
property located at 3345 Crystal Bay Road within the City of Orono (hereinafter "the City") and
� legally described as follows:
Lot 9, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.03, Subdivisions 14 (E&F) to allow an accessory structure to be placed
up to but not over the lot line, resulting in a 0' rear yard setback where a 5' rear setback is
normally required, and a 0' side yard setback where a 10' side yard setback is normally
required; and a variance to Section 10.03, Subdivision�l4 (C)to allow lot coverage by structures
to exceed 15% of the lot area; and variances to Section 10.22, Subdivision 2 and Section 10.56,
Subdivision 16 (L) to allow hardcover in the 75-250' zone of 52% where only 25% hardcover
is normally allowed, all of the above variances in order to place a shed on the property.
NOW, THEREFORE, ,BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDYNGS
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1. This application was reviewed as Zoning File #1959.
2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on September 19 and
October 17, 1994 and recommended approval of the proposed variances based
upon the following fmdings: �'
°TRANSF�R ENTERED
HEPWEPiN COUNTY TAXPAYER SERViCEB
Page 1 of 6
NOV 29 1994
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A. Applicant contacted the City some time prior to the 1991 construction of
the shed and was advised that no building permit was necessary for a 100
s.f. shed. The City subsequently revised that policy but the applicant was
not specifically advised of the change until the Inspections Department
found a new shed on his property in 1992.
B. The existing 100 s.f. shed is located partially within the right-of-way of
Hillside Place and partially within the Dakota Rail property.
C. The Planning Commission fmds that it is beyond the scope of the Ciry's
authority to grant a variance to allow the shed to remain on the Dakota
Rail property and Planning Commission further concludes it is
inappropriate to allow the shed to remain on the Hillside Place right-of-
way.
D. The shed can be located within the property boundaries if variances are
granted to allow a "0 setback" situation for the rear and left side property
lines. Such location will preserve an existing tree located between such
location and the existing house, and will further maintain the required 10'
separation between the shed and the house.
E. Hardcover in the 75-250' zone is 47% and will increase to 52% by
relocating the shed into the property boundaries. There is no hardcover
in the 75-250' zone that can reasonably be removed by applicant to
mitigate this increase. Hardcover in the 0-75' zone attributable to the
applicant is 19%.
F. Lot coverage by structures including the shed will be 1,085 s.f. or 19.1%
where only 15% is allowed. However, the code also allows small lots
such as this to have lot coverage up to 1,500 s.f. including the house and
garage.
G. The shed is necessary for storage of applicant's property maintenance
needs.
Page 2 of 6
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H. The proposed shed location and the size and bulk of the shed will not
increase the visual density in the neighborhood due to the existence of the
undeveloped 25' right-of-way of Hillside Place adjacent to the property.
Further, no neighboring property will be negatively impacted by granting
of the variances.
I. The applicant was unsuccessful in attempting to have the Hillside Place
right-of-way vacated due to existing and possible future public needs for
use of the right-of-way.
4. 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.
5. 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 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 applicant, but is necessary to alleviate a
demonstrable hardship or di�culty; is necessary to preserve a substantial properry
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 the above fmdings, the Orono City Council hereby grants a variance
to Municipal Zoning Code Section 10.03, Subdivisions 14 (E & F) to allow an accessory shed
structure to be located 0' from the rear lot line where a 5' setback is normally required and 0'
from the left side lot line where a 10' side setback is normally required, and a vaxiance to
Section 10.03, Subdivision 14 (C) to allow lot coverage by structures at a level of 1,085 s.f. or
19.1% where only 15% lot coverage by structures is normally allowed, and a variance to
Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow hardcover in the 75-250'
zone of 52% where only 25% hardcover is normally required, subject to the following
conditions:
Page 3 of 6
Form 5005 DisM Ormm
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�� �`�� RESOLU'I'ION OF THE CITY COUNCIL
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Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 24th day of October, 1994.
TEST:
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rothy lin, City Clerk Edward J. Call,��an, r., Mayor
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Property Owner (s) �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 24th day of
October, 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the
City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf
of the City.
..
CAROLE A. HASEMAN ���yt� � �� ���2 ��
1�� NOTARY PUBLIG—MINNESOTA Notary Public
r HENNEPIN COUNTY
MY COMMISSION EXPIRE9&2396
Page 5 of 6
Form 5005 Disk Orono
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �� day of�''����h f r- , 199�/ before me a Notary Public withihn ����
and for said county,personally appeared __T�t,, f � ( -.�;��.� �,,,�/ /��,<��-�,,.- -f ��:�.; ��:,/C�,a, ��� r,
known to me to be the person(s) described in and w o executed the i'oregoing i�ment,and
acknowled�ed that he (they) executed the same as his �their) free act and deed.
- CAROLE A. HASEMAN /
� NOTARY PUBLIC—MINNESOTA l
r HENNEPIN COUNTY (� `r r��. . �i • ��./1',��:'�/�.i
��. MV COM?AISSION EXPIRES&YS98 NOTARY PUBLIC
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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
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_ before me a Notary Public within
and for said counry,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 6 of 6
Form 5005 DisN Orono
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EXHIBIT A
RESOLUTION NO. 3482
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RESOLUTION � 4 � �
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
)
CITY OF ORONO )
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compared the fore�oin� copy of a resolution of the City
Council of the City of Orono with the original record of such resolution in the Minutes of the
proceedings of said City Council at a 19 eeti and thatsthe s mle is a�truel andecorrect
October 24 ° 94
co p y of said resolution duly adopted by said City Council at said meetin�.
In Witness Whereof, I have hereunto set my hand and seal this 2 6 th 9
day of october , 1994
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� �} � orothy llin, Ciry Clerk
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POPHAM HAIK
S C H N O B R 1 C H & K A U F M A N� L T D.
INCLUOING THE LAW PRACTICE OF
Mq50N� FENWICK & LAWRENCE� ESTABLISHED 1861
U.S. OFFICES: qFFILIATIONS:
DENVER, COLORADO SUITE 3300 BEIJING,CHINA
Te�303-893-1200 222 SOUTH NINTH STREET TE�01 1 861-5135261
MIAMI, FLORIDA MINNEAPOLIS, MiNNE507A 55402-3336 LEIPZIG,GERMANY
Te�305-530-0050 TEL 612-338-4800 • FAX 612-334-8888 Te�OI 1 49-34 1-4 9 1 84 2 9
WASHINGTON,D.C. STUTTGART,GERMANY
re�2o2-e2a-e000 CARRIE L. BAZELLA
TeL 01149-71 I-22363
D�RECT DIwL(612) 884-2686
December 19, 1994 cfi'�°� �
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Dorothy Hallin �,��
City of Orono
Post Office Box 66 " 9gq�
Crystal Bay, MN 55323 �EC Z Q �
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Re: Our File Number 3643-047
Dear porothy:
Enclosed are the original recorded documents as follows:
1. Resolution No. 3482 (File No. 1959) recorded as Document No. 6369429;
2. Resolution No. 3480 (File No. 1964) recorded as Document No. 6369428;
3. Resolution No. 3485 (File No. 1960) recorded as Document No. 6369427;
4. Resolution No. 3479 (File No. 1953) recorded as Document No. 6369426; and
5. Resolution No. 3223 (File No. 1778) recorded as Document No. 2570105;
Should you have any comments or quesdons, please do not hesitate to call.
Very truly yours,
� G�����
Carrie L. Bazella
Legal Assistant
Enclosures
c: Heather Illies (w/Enclosures)
357/L2066879 12/19/94