The URL can be used to link to this page

Home My WebLink About#3976-variances-1997 . � � �� 0 �e -- CITY of ORONO � � �� G~' RESOLUTION OF THE CITY COUNCIL • t9kESHOg'� NO. e� � � s A RESOLUTION GRANTING VARIANCES TO NIUNICIPAL ZONING CODE SECTION 10.22, SUBD. 2 AND SECTION 10.24, SUBD. 5(B), FILE NO. 2291 WHEREAS, Steven and Sheila Sigel (hereinafter "the applicant") having an interest in the property located at 1399 Park Drive within the City of Orono (hereinafter "the City") and legally described as follows: See E�ibit A for property description (hereinafter "the property"); and VVHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subd. 2 and Section 10.24, Subd. 5(B) to permit the replacement of a two stall 365.82 s.f. detached garage with a three stall 768 s.f. garage and a 22 s.f. retaining wall requiring a variance of 5.08% to allow 30.08% hardcover in the 75' to 250' lakeshore zone where 25% is allowed and 25.32% is existing and a variance for side setback of 2' to allow a side setback of 8' where 10' is required and 12' is existing. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2291. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District requiring one acre in azea. The property consists of 22,010 s.f. or .51 acres. 3. The Orono Planning Commission reviewed this application on September 15, 1997 and recommended approval of the proposed variances based upon the following findings: A. The zoning lot does not meet lot area or width requirements. Page 1 of 6 . , � O� . O O �. CITY of ORONO .� � �� G'�' RESOLUTION OF THE CITY COUNCIL ' t�kESHOg'� NO. `�4 '7� - B. A significant tree and topography limit where the garage may be located on the property. 4. The City Council fmds that the conditions existing on this property are peculiaz � to it and do not apply generally to other properiy 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 applicants, 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. 5. 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 10.22, Subdivision 2 and Section 10.24, Subdivision 5(B) to permit construction of a new garage that is 768 s.f. in footprint as shown on Exhibit B. Approval was subject to the following conditions: 1. If the existing wood walkway between the house and garage is removed, it must be replaced with a walk not over 4' in width. 2. The driveway must be reduced to meet the 30% hardcover requirement in the 250' to 500' lakeshore zone. � 3. Authorities granted by this variance run with the property not with the applicants, but aze 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 13, 1998). Page 2 of 6 , � O� O O . CITY of ORONO � � � �� G'�' RESOLUTION OF THE CITY COUNCIL ' 9kESi304�' NO. R 9 "Y S _ 4. 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. 5. 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 City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of October, 1997. ATTEST: ..� . . Dorothy M. a11' , City lerk G rie bour, Mayor � l ; - - � _ Property Owner (s STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of October, 1997 by Gabriel Jabbour 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. .--�: �a ��. CAROLE A HASEMAN ` �. NOTARY PUBIIC-MINNESOtA ��iY�Q � �• � A i m�� .�, ►+e�N couNtY Not Public •,�..• My co„un�sron�xv�es�an.�.2�+00 �' Page 3 of 6 �, r � O� O O � CITY of ORONO e � � �� '�' RESOWTION OF THE CITY COUNCIL �9kESH04'� NO. i3 9 "7 6 - STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /�f N day of��,Q�- , 199`? before me a Notary Public within and for said county,personally appeared �,•.,j,,„ 1 �hd ,,�;.�P known to me to be the person(s) described in and wh executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � �. � CAROLE A.HASEMAN ��G,�. ,��i1�y_.�.__i � �� NOTARY PUBLIC �'•..: t�t conant�sslan 6�kes,l�.3t.2�00 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 Page 4 of 6 .. �X��. � l� � 97 � JOB N0. 97R-243 LEGAL DESCRIPTION Lot 16, Biock 6, Saga Hill Revised, Hennepin Co., Minn., according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. Those ortions of vacated Park Drive (formeriy Lafayette Avenue�, vacated Oak Ploce, vacated Forest Avenue and vacated Forest Boulevard, all as dedicated in the plat of Saga Hill Revised, Hennepin Co., Minn.", described as follows: Beginning at the most Easterly corner of Lot 16, Block 6, in said plat; thence South 22 degrees 43 minutes 16 seconds East, assuming the Northeasterly line of said l.ot 16 bears South 43 degrees 44 minutes 05 seconds East, a distance of 42.43 feet to a point hereinafter referred to as "Point A"; thence Southwesterly along a non—tangential curve concave to the South having a radius of 245 feet, the radial line passing through said "Point A" bears North 08 degrees 04 minutes 36 seconds West, to the intersection with the Southeasterly line of vacated Forest Avenue; thence Southwesterly olong said Southeasterly line to the intersection with the Southeasterly extension of the center line of said vacated Forest Avenue; thence Northwesterly along said Southeasterly extension� along said center line and along the Northwesterly extension of said center line to the shore line of Forest Lake; thence Northeasterly along said shore line to the Northwesterly extension of said Northeasterly line of Lot 16; thence Southeasterly olong said Northwesterly extension of said Northeasterly line to the most Northerly corner of said .Lot 16; thence Southwesterly. Southeasterly and Northeasterly along � � the Northwesterly, Southwesterly and Southeasterly lines of said Lot 16 to the point of beginning. ! � \ �__ _ • . . ` \ ROCM. u VACATED FOREST . BLw. w EDGE ��(�� m �' � 976 543'15�23'W 40.02 9�A .n i--- J6` o O�q / .J ' � '9J 4 N J9 I 'Q�eS. � ��'s°yo s• • I 9 pS, 25 I I �_ �� —� � � � x 940.9 Oj � � 40.4 � � 12. n N D EXISTING O -� a a HOUSE 12.0 � � N y � � u � '*� � A A , . � m UN tN,� N . N N N � I'1 N • � N i N D N ZS.4 � N N T . Z p�I - ^�/, N G $ `/ m c.' Sd,s a x9 s v °� . � I N N O 9�4 I O I�' RETVYALL--� Io 96, � •S I 8.0 I PROPOSED o g 25 GARAGE � I '32.0 SA x I q� � '�s,� �, _�-� - %� a's'es�• ~'.�° ' ,n A I '`, �� •_-.--- N '��/ Oo :�A 966�q �VACATED �� SaS'i5'23"W 47.45 � '4 rn PARK J VACATED �AVEi y SD �,OR� 6'� � OaK ORivE ti S`��,o� Qa�s_� �LACE �� '�.� ,1.0. 4•l0. �a Ra ?ss �; .��C �k9, @s �? . � GAK PLACE ; . . /