HomeMy WebLinkAbout#2388-variance-1988 • •
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City of ORONO
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RESOLUTION OF THE CITY COUNCIL
NO. 2388
'ORONO
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 6(B)
FILE #1250 •
WHEREAS, Dana M. Wells (hereinafter "the applicant") is
owner of the property located at 1397 Orono Lane within the City of
Orono (hereinafter "City") and legally described as follows:
Exhibit A (hereinafter "the property" ) ; and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.23, Subdivision 6(B) to
permit the construction of an attached garage located 14' from the
side property line instead of the required 30'. Applicant seeks
approval of a 16' variance or 53%.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1250.
2. The property is located in the LR-1A Lakeshore Residential
Zoning District and requires a minimum of 2 acres in area and
200' of lot width. The property consists of 31,540 s.f. or .72
acres and 106' in width.
3. The Orono Planning Commission reviewed this application on
March 21, 1988, and recommended approval of the proposed
variance based upon the following findings and hardships:
a) The property is 106' wide and contains a total of 31,540
s.f. or .72 acres and is subject to the LR-1A lot standard
that would require 2 acres in area and 200' of width. The
current structure does not satisfy the 30' side setback on
either the east or the west side.
b) The proposed structure does not encroach any further into
the substandard side setback area.
c) The elevations and plantings along the west side
property line lessen. the visual impact of the proposed
structure.
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RESOLUTION OF THE CITY COUNCIL
NO. 2388
d) The applicant has reduced the hardcover within the 250-
500' setback area, thereby reducing hardcover by
approximately 1,025 s.f. or 30%.
e) The improvement appears consistent with the pattern of
development within the immediate neighborhood.
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.
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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 demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the
applicant; and would be inkeeping 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 the above findings, the Orono
City Council hereby grants a variance to the Municipal Zoning Code
Section 10.23, Subdivision 6(B) to permit the construction of an
attached garage to the existing residence that will be located 14'
from the west side property line instead of the required 30' subject
to the following conditions:
1. Authorities granted by this variance run with the property
not with the applicant, 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 (March 28, 1989).
2. 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.
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0,.,,.. „. Cit of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2388
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3. The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of herself,
her heirs, successors and assigns, hereby agrees to the recording
of this resolution in the chain of title of the property.
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4 Adopted by the Orono City Council on this 28th day of
Marl , 1988.
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ATTE•T:
tille
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morothy ql:allin, City Clerk Edward J. Cra ek, Jr. ,, Acting Mayor
1Cs ILLA L.\ . L.L) dIS .
Property Owner(s)
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Cityof ORONO
` ,.ow RESOLUTION OF THE CITY COUNCIL
, arra` NO. 2388
vAr
ORONO
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this VII day of APEr'i , 198J
before me a Notary P blic within and for said county, personally
appeared Yana- 41- (i'Je.1/.S , 6-in,,SS ie-
known to me to be the person(s) described in aid who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
: Patricia L. Peterson N TARP PUBLI
„ 'LWA-64;cla /26—_--.„.______
�- NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
.,. My commission expires 7-15.93
x-15- 3
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 198 , 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.
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NOTARY PUBLIC
MY COMMISSION EXPIRES
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EXHIBIT A
RESOLUTION NO. 2388
Lot 9, Hones on Brown's Bay, and that part of Government Lot 3,
Section 2, Township 117, Range 23, described as follows:
Beginning at the Southwesterly corner of Lot 9 in Homes on Brown's
Bay, which :said Southwesterly corner is the point of intersection
of the Westerly line of said Lot 9, with the shore line of Lake
Minnetonka; thence Northerly along the Westerly line of said Lot
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9, Homes on Brown's-Bay, to the Southerly line of the Wayzata and
Spring Park Road; thence Westerly along said Southerly line to a
point which is 108.00 feet due East form the West line of said
Government Lot 3; thence Southerly parallel to the West line of
said Government Lot 3 to the shore of Lake Minnetonka; thence
• Easterly along the shore of said lake to beginning, according to
the map or plat thereof on file and of record in the office of the
Register of Deeds in and for the County of Hennepin and State of
Minnesota including any part or portion of any street or alley
adjacent to the premises herein conveyed heretofore vacated. Also
Tract.A, Registered Land Survey No. 191.
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