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Home My WebLink About#4837-variance-2002 � � o� o �, o � �;. -, CITY of ORONO � , ��, � ay� . �'',� �' `� G�' RESOLUTION OF THE CITY COUNCIL ��kESH�4� N O. e A RESOLUTION GRANTING VA TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5(B), SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16(L)(2), FILE NO. 02-2798 WHEREAS, Fred Shearer and Karen Shearer, husband and wife, (hereinafter "the applicants ) are the owners of the property located at 1405 Park Drive within the City of Orono „ (hereinafter "the City") and legally described as follows: Lots 1, Block 15, Saga Hill Revised, including the adjacent part of vacated streets, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B), Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to permit construction of a third stall garage to the existing residence to be located 9.8' from the side property line where 10' is required, 27.9' from the front property line where 30' is required in the LR-1B zoning district and to permit 4,376 s.f. (28.9%)hardcover in the 75-250' lakeshore setback where 4,363 s.£ (28.8%) hardcover exists and 3,779.75 s.f. (25%) is allowed; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on July 15, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#02-2798. 2. The property is located in the LR-1B Zoning District. where 1 acre is the minimum required lot area. The property consists of approximately .51 acres. 1 of 6 � ' / • / O � � O O . C ITY of ORONO � ,� � . �� '�' RESOLUTION OF THE CITY COUNCIL--� ��sKo¢� No. 4 8 4 �' 3. The Orono Planning Commission reviewed this application on July 15, 2002 and recommended approval of the proposed variance based upon the following findings: _ A. The topography of the land limits where additional buildin�s can be located. To the east the land drops significantly making it difficult to place a structu�e there. B. The lot was platted prior to current zoning requirements. -' C. The lot coverage by structures is well below the allowed 15%. D. The lot is undersized for the LR-1B zoning district. There is not additional land to combine with the property. It was increased to its present size in 1988 with the vacation of Forest Boulevard. 4. The City Council fmds that the conditions existing on this property aze peculiaz to it and do not apply generally to other property in this zonina district; that granting the variance will not adversely affect traffic conditions, light,air,nor pose a fire hazazd 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 in keeping w�ith 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 variances on the health, safety and welfaze of the community. . CONCLUSI01'S, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Niunicipal Zoning Code Section 10.24,Subdivision 5 (B),Section 10.22,Subdivision 2 and Section 10.56,Subdivision 16(L)(2)to permit construction of a third stall gara?e to the existing residence to be located 9.8' from the side property line�vhere 10,' is required and 27.9'from the front property line where 3Q' is required in the LR-1B zoning district; and to permit 4,376 s.f. (28.9%) hardcover in the 7�-250' lal:eshore setback where 4,363 s.f. (28.8%)hardco�•er exists and 3,779.7� s.f. (2�%) is allo��•ed. Approval is subject to the following conditions: 2 of 6 , ��_ . � O� O O ��. CITY of ORONO � � �� G~' RESOLUTION OF THE CITY COUNCIL-- 9k'ESH� NO. _ 4 � � '�' 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. The 6'x 40' section of the driveway shall be removed from the property prior to final inspection of the garage. 3. Authorities granted by this variance 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 these variances will expire on that date (July 22, 2003). 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 or Orono,Minnesota at a regular meeting held on the 22nd day of July,2002. ATTEST: y�L4� � U�-� -- inda S. Vee, City Clerk Barbara A. Peterson, Mayor � � �� , �� Property Owner(s) 3 of 6 • -�i-� , � O� O O �. CITY of ORONO � F �� G'�' RESOLUTION OF THE CITY COUNCIL --� ��`9�fEgg� � NO. _ 4 8 � � �._ STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing inshument was aclrnowledged before me on this 22nd day of July, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporatio�r and said instrument was executed on behalf of the City. r.. _. ti�� `� ^ RACHEL DODGE L�� .. �� '� � 1 NOTI`,RYPUBLIC-IdINNE^-0?A ` ,� �,�y�„��^•31�� Notary Public .�"Y STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this �-�day of July,2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �...<_ � ��("`"' RACHEL DODGE �'�.�� NOTARY PUBIIC•MINNE:OTA �� < _� vtJ" ��,�' N+r c��°"�°''�a".3�'� Not Public _ �Y �...�=�.�. STATE OF MINNESOTA COUNTY OF HENNEPIN �h ,r,,�r-r;ecl On this aq day of:5�� ,2002, __��e d S h e�r��, nersonally appeared before me, who is personally kno�rn to me _� whose identity I proved on the basis of r'v�r� �D t_ whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing inshzunent,and acknowledged that he/she/they executed the same as his/her/their free act and deed. � � �-��.� C�� , `•` �"�'� RACHEL�DGE t� ` N` �' NOTARYPUBUC-NpNNE^OTA NotaryPublic �,`=•-:'`'� Mp Canrnisaion E�S Jan.31.2005 4 of 6 . /--- . �� 0 0 �. CITY of ORONO � � �� G~' RESOLUTION OF THE CITY COUNClL--� ��ESK� rvo. 4 8 3 '7 STATE OF MINNESOTA COUNTY OF HENNEPIN On this 2! day of vG� , 2002, �Cc,rQ,f'I `��c�r�� personally appeared before me, � who is personally known to me �/whose identity I proved on the basis of %�'�'v ��- whose identity I proved on the oath/affirmation of_ . a credible witness and who executed the foregoing instnunent,and acknowledged that he/she/they executed the same as his/her/their free act and deed. . , Notary Public �;;�-'=�r �:�: •: " L�cNiSE M.LESfQNc\1 c,'� ��', NOTARY PISLIC-MIN�.�SOTA ;. �;. ,: �'•-:,�. Nhr Corrrnbebn Expires J�.�.31,2005 :, 5 of 6 . ' Exhibit A _ _ _-- _ -- - -_ -= 483 '7 '�� 929.4 ' 0000 ��0000�� rn^L��:T' r"^I � in ; �VI\Lv � ��.��. � (VACAIID-RESOlU110H /YJ9� I • � � . I + �_ --� . i �� '� -S 58'23'30' W-- '' • � i � 1 77.16 \I = � i., I � � �i ' o g � I � „\ � 1 V � - I � � I N � , m � � ; � � I N . i ; I : , � -� ; C� � � � —I— —► — . � � . � � � . 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