HomeMy WebLinkAbout#3139-variances-1992 ‘4ifcco.4,4
-� , CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
410ES1104° NO. 3139
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
• SECTION 10.28, SUBDIVISION 5
FILE #1742
WHEREAS, James M. Laing and Amy J. Laing (hereinafter "the
applicants") are owners of the property located at 500 Orono Orchard
Road within the City of Orono (hereinafter "City") and legally
described as follows:
Lots 1, 2, 3, 22, 23 and 24, Block 13, Minnetonka Bluffs,
Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for
variances to Municipal Zoning Code Section 10.28, Subdivision 5 to
permit the construction of an addition to the east and south side of
the existing residence requiring approval of the following street
setback variances:
A. Front/street setback (Orono Orchard Road)
Required = 50'
Proposed = 43 ' 7"
Variance = 6' 3" or 12.6%
B. Side/street setback (Dickenson Street)
Required = 50'
Proposed = 19'1"
Variance = 30' 9" or 62%
C. Rear setback (12' alley)
Required = 50'
Proposed = 10' 6"
Variance = 39' 4" or 79.2%
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1742.
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2. The property is located in the RR-1B Rural Residential
Zoning District requiring 2 acres of dry buildable area.
The total property consists of 38,377, s.f. or .88 acres.
3. The Orono Planning Commission reviewed this application on
June 15, 1992 and recommended approval of the proposed
variances based upon the following hardships and findings:
a) The building envelope defined by public rights-of-way
is less than 1/2 acre in area and subject to RR-1B, 2
acre rural standards.
b) The existing house is located within substandard
setbacks from the adjacent right-of-ways.
c) Current detached garage encroaches Dickenson Street
right-of-way and creates hazards for users of Dickenson
Street and adjacent alley. The structure limits
sighting distance and is a potential hazard for users
of public road.
d) The location of the existing garage in relation to
crest of the hill and adjacent accesses.
e) The location of mature trees to the south of the existing
residence.
f) Persistent surface runoff/drainage problems that
necessitate the retention of a low depression or
retention area within the south yard of 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 applicant, 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.
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9kESIO g. NO. 3139
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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants variances to Municipal Zoning Code Section
10.28, Subdivision 5 (B) to permit the construction of a family
room/garage addition to the east side of the residence and a bedroom
addition to the south side requiring approval of setback variances as
already noted above, subject to the following conditions:
1. Applicants shall immediately apply for the legal combination
of all six parcels at the City offices.
2. Removal of existing detached garage and garden shed located
adjacent to Dickenson Street to be completed at the time of
the footing inspection for the proposed additions.
3. Applicants to obtain driveway permit from Public Works
Director for new curb cut onto alley off Dickenson Street
and to provide a detailed plan of driveway to be installed
as portions of backout apron will be located in 12' alley
right-of-way.
4. Applicants shall provide grading and drainage plans with
building permit application to address new drainage needs as
a result of these improvements.
5. Authorities granted by 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 (July 13, 1993).
6. 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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^s: ,rh- CITY of ORONO
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Alik,e' RESOLUTION OF THE CITY COUNCIL�'9 4 - NO. 3139
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7. 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 recording of this resolution in the chain of
title of the property.
Adopted by the Orono City Council on this 13th day of July,
1992.
AT
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.„' ,,......„, . ----1--n . e ei,
Do oth A allin, C' i Clerk Barbara A. Peterson, Mayor
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M. Lai CIF yJainglips
erty .Owner(s
s
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
13th day of July, 1992, by Barbara A. Peterson & Dorothy M. Bailin,
Mayor & City Clerk of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
..-- - iL _)f--2-__d
Notar Public
. • ' , LINDA S. VEE
'�- ' , NOTARY PUBLIC MINNESOTA
:P''-=-'r- HENNEPIN COUNTY
Page 4 of 5 �il.:,_''''. ' My commission expires 8-12-96
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WiroN., - RESOLUTION OF THE CITY COUNCIL
ESHOg' NO. 3139
•
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this �U day of ��'� � , 199
before me a Notary Public within and for said county, personally
appeared i4,77y •' J.ei, LQi'i9 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.
5-&--& 6c)//4,(-
NOTARY PUBLIC -
SHEILA R.SWANCUTT
NOTARY PUBLIC-MINNESOTA
STATE OF MINNESOTA ) �At
�� HENNEPIN COUNTYM1►CamiMsbn Wes Feb.MOOS
)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
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