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Home My WebLink About#4166-variances-1998 :h . � O� � � . • O O ��6. - CITY of ORONO � ti '� .RESOLUTION OF THE CITY COUNCIL ��9 4�'G . NO. � � � �D "� . . kESH� . . � A RESOLUTION GRANTING � VARIANCES TO MTJrTICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) AND . SECTION 10.22, SUBDIVISION 2 FILE #2414 . WHEREAS, Randall G. Staffanson and Marie L. Staffanson (hereinafter "the applicants") are owners of the property located at 1422 Park Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 14 "Saga Hill Revised", Hennepin County, Minnesota (hereinafter "the property"); 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 September 21, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.22, Subdivision 2 to permit the construction of a new 24'x26' garage, 15' in height, to be located 6.16' from the side property line where 10' is required. Hardcover in the 250-500' setback is 31.75% (4,566.78 sq. ft.) where 30% is allowed. The previous garage was destroyed by fire. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � " FINDINGS . � . . 1. This application was reviewed as Zoning File #2414. 2. The property is located in the LR-1B, One Family Lakeshore Residential Zoning District, where 1 acre or 43,560 sq. ft. is the minimum lot area. The property _ consists of .33 acres or 14,383 sq. ft. • Page 1 of 4 � °� . - • � � ��b. - CITY of ORONO - � � � �'ti RESOLUTION OF THE CITY COUNCIL . �L�kESH�4��' � NO. 4 � � �+ 3. The Planning Commission reviewed this application on September 21, 1998 and recommended approval on a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. . The previous garage was destroyed by fire. Variances are required to preserve a substantial interest in the property. B. The previous garage was 12' in height to the peak. Using storage trusses increases the height to 15'. C. The height of the new gaxage is less than the principal structure and conforms to the Zoning Code. D. The garage replacement at a height of 15' does not increase the amount of hardcover or increase the encroachment into the side yard. • E. The proposed garage will not have a negative impact on adjacent residential property. F. No negative comments were received during the public hearing. 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 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. � , � 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. • Page 2 of 4 � °� � � o 0 ��b. - C ITY of ORONO � ' ti �� G'� RESOLUTION OF THE CITY COUNCIL ��kESH�4� . NO. � �. �a � � �� 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 10.24, Subdivision 5 (B) and Section 10.22, Subdivision 2 for hardcover and side yard setback to permit construction of a 24'x26' garage, 15' in height to be located 6.16' from the property line and to allow 31.75% hardcover in the 250-500' setback. Approval was subject to the following conditions: 1. If the shed in the rear yard is destroyed in the future, it shall not be allowed to be reconstructed to encroach in any required yard nor increase in size. 2. 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 this variance will expire on that date (September 28, 1999). • 3. Violation .of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, sha11 automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. 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 28th day of September, 1998. ATTEST: � �• ,/� � . (/ Linda S. Vee, City Clerk Gab 'el Jabbour, Ma r � ��1 �:� �� Property Owner(s) • Page 3 of 4 ' • � O ' v - • O O �b. - C ITY of ORONO � � ��. G'� � � RESOLUTION OF THE CITY COUNCIL � � � L�kEsi3�4�' . � . NO. 4 �. � �a . . STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) � . The foregoing instrument was acknowledged before me on this 28th day of September, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the �Gity� .;>�-��-� . .�<.�,:� . �� ._•;��. JAMIEL.GEMAR � ; "'a�` �a NOTARY PUBLIC-MINNESOTA � o;''�" : ' HENNEPIN COUNTY ��J •-��••° My Commission Expires Jan.31,2oao NOt Pub1iC STATE OF NIINNESOTA ) �)ss. COUNTY OF HENNEPIN ) � On this ) �.`N"' day of �C�6-P�� , 199�1 , before me a Notary Public within and for said County, personally appeared (��,,,,,�.�p�2 � known to me to be the person(s) described in and who executed e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � °T"`• JAMIE L.GEMAR �-�-' � :�•� � _, � NOTARY PUBLfC-MINNESOTA Not � Public �.�.��••"• HENNEPIN COUNTY �Y Commission Expires Jan.31,2000 . STATE OF . � )ss. COUNTY OF HENNEPIN ) � On this �+'� day of (� �bb��- , 199$ , before �ne a � Notary Public within and for said County, personally appeared ��rr i � �'r��-��h r rvra rr�ec�. 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. �G�� J -`'`"`• CAROLE A.HASEMAN Notary Public '�,� , NOTARYPUBLIC-MINNESOTA • \ .� ' H6NNEPIN COUNTY \'�•`'°� My Commission Expires Jan.31,2000 �.� , age 4 of 4