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Home My WebLink About#3919-variance-1997 r . , , � O� O O CITY of ORONO � F '�' RESOLUTION OF THE CITY COUNCIL . ��k'E i3�g'�G NO. .a� � �1 9 _ S A RESOLUTION GRANTING A VARIANCE TO MUNICIPA.L ZO1�iING CODE SECTIONS 10.24, SUBDIVISION 5 (B) ANI� 10.03, SUBDIVISION 9 (E) FILE #2247 VVI3EREAS, Wayne Holmes (hereinafter "the applicant") is owner of the property locateci at 1390 Park Drive within the City of Orono (hereinafter "City") and legally described as follows: Lots 19 and 20, Block 13, Saga Hill Revised, Hennepin County, Minnesota (hereinafter ��the property�� and W�iEEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.24, Subdivision 5 (B) and 10.03, Subdivision 9 (E) to permit the construction of an accessory storage gazage to be located less than the normally required 35' from the adjacent side street and less than the required 15' setback from any lot line for a structure of area 750-1,000 s.f. NUW, THEREFORE, BE IT RESOLVED by the City Council of Orono, � Minnesota: FiNDINGS 1. Tlus application was revie�ved as Zoning File #2247. 2. The property is located in the LR-1B, Single Family Lakeshore Residential. Zoning District. 3. The Orono Planning Commission reviewed this application on June 16, 1997, and recommended conditional approval of a side setback and side street s�tback variance based upon the following fmdings: . Page 1 of 5 � �11�' . O O � CITY of ORO�TO � ti '�' RESOLUTION OF THE CITY COUNCIL ��kESil�g'�G. NO. � � 1 9 A. Topography of the site as well as the location of the existing garage, makes it difficult to locate the proposed storage garage at a location meeting the 35' side street setback requirement. - B. A 36" oak tree near the southeast corner of the house would be jeopardized by moving the front of the proposec� building nearer the center of the lot. However, moving the rear of the garage closer to the center of the lot would only impact existing lilac bushes which can be replaced and which do not provide significant screen.i.ng in the neighborhood. C. Applicants have items of personal property which need to be stored inside, and it is not feasible to store those items in an expansion of the existing garage without totally reconstructing that garage. D. Neither hardcover nor lot coverage variances aze required to accommodate the proposed structure. E. The side street known as Forest Avenue is an unimproved dedicated City right-of-way which provides potential future access to the Highwood nature area, and serves as a drainage way. It would be appropriate to require a 10' minimum side street setback at this location to accommodate the necessary slope grading and/or retaining walls between the right-of-way line of Forest Avenue and tr�e proposed garage. Further, a 10' setback will have less visual unpact if Eorest Avenue is ever improved. F. Applicants have agreed to relocate the proposed garage so that it meets a 10' side street setback, and to reduce the footprint of the garage to. 825 s.f. These reductions and the lack of any impa�ted adjacent residence are jusdfication for the 5' setback variance needed based on � tne 825 s.f. footprint of the building. � G. �he location of the�garage above a slope adjacent to the right-of-way � of Forest Avenue will require suitable grading or retaining wall to avoid encroachment into the right-of-way. Page 2 of 5 � °� � 0 0 � , � CITY of ORONO .� � ti ti RESOLUTION OF THE CITY COUNCIL ��kESII�4��G NO. �A � � 4. 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 tr�c 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 i�ecessary to alleviate a demonstrable 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. 5. The City Council has considered this application including the fmdings and recommendation's of the Planning Commission, reports by City staff, cominents by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSiONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.24, Subdivision 5 (B) atld 10.03, Subdivision 9 {E) to permit the construction of a detached accessory storage garage located less than the required 35' side street setback and less than the 15' required lot line setback for the structure, subject • to the following conditions: 1. The garage shall be reduced in footprint area to 22'x37.5' or 825 s.f. 2. The garage shall be relocated to maintain a 10' setback from the side street lot line. 3. Applicant shall provide a sui[able grading plan an�l/or retaining �Nall plan which must be approved by the City staff and the City Engineer prior to issuance of the buiiding permit for the garaae. � 4. Authorities granted by this variance nm �vith 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 d�te (June 23, 1998). Page 3 of 5 � °� � 0 0 b CITY of ORONO � ti . �� '�' RESOLUTION O�F T�Hi C�ITY COUNCIL 9kESH�g' NO. 5. Violation of or non-compliance �vith 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. 6. 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 tlus 23rd day of June, 1997. A EST: , . Dorothy llin, City Clerk Gab 'el Jabbour, Ma or ._._ m. ,9,,.�...._-� ' m Prope Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 23rd day of June, 1997, by Gabriel Jabbour & Dorothy M, Hallin, Mayor & City Clerk of the City of �rono; a Minnesota municipal corporztion and said instrument was executed on behalf of the City. JAMIE l.GBNAR "' NOTIIRYPUB�I�RNNESOU Not � ublic ' FI@1PI�N�1 t�IJ�RY - M �� . . Page 4 of 5 � °� . 0 0 �b_ - C ITY of ORONO � � �� '� RESOLUTION OF THE CITY COUNCIL ��kESH�4��' NO. s� � 1 9 STATB OF MINNE50TA ) ) ss. COUNTY OF HENNEPIN ) On this �.b day of Lc�� , 199�_, before me a Notary Public within and for said County,per lly appeared �,�)aL�,: /-�,, ��,,.,/�.c M �i,z,��, �t,�hhc.�� known to me to be the person(s) described in and who ex cuted t foregoing insrrument, and acicnowledged that he (they) executed the same as his (their) free act and deed. O �M�� / :-;:-' , •� JAMtE L GEMAR �rinc._es✓ IVOTARYPUBUFMINNESOTA Notat P blic •`. � HE�H�N�IN COUNTYM I�/�/� � ' 4 �,/�/�� IMY{ �vv��MW1�I E�I��S�J1�LYW STATE OF MINNESOTA ) ) ss. COUNTY OP HENNEF'IN ) On this day of , 199 , before me a Notar}�Public � ��itliiii and for said County,personally appeared kno�vn to me to be the person(s) described in and who executed the foregoing instrument, ai:d acknowledged that he (tliey) executed the same as his (their) free act and deed. Notary Public Page f� af 5 S