HomeMy WebLinkAbout#2787-variances-1990 s. . . � . . � ,. . . . .
. . .. 1 "r. . .. . . . . . .
� �� s
+r�' �
t.� r
,,y�t� •
�-;���'�J�o�l� :�'` �1�-1 O� O�,O�O .
• F f/
'�,:-� ' � RESOLUTION OF THE CITY COUNCIL
# '�
��, ��� NO. 2 7 8 7
�h,,,.
, �._�.• • �
Y:�
` A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (C)
� FILE #1489
WHEREAS, F. John Hardin (hereinafter "the applicant" )
is the owner of the property located at 1496 Park Drive within
the City of Orono (hereinafter "City" ) and legally described as
follows:
Lots 4 and 5, Block 14, Saga Hi11 Revised, Hennepin County,
Minnesota. Also commencing at the southwest corner of Lot
4, Block �l4 , Saga Hill Revised, Hennepin County, Minnesota;
thence south to the northeast corner of Lot 6, Block 14;
thence 54.4' east to the west line of Lot 94, Highwood Lake
Minnetonka; thence north to the intersection with the
northerly line of Lot 4, Block 14 extended; thence
northwesterly to the point "of beginning, (hereinafter "the
• property" ) ; and �
WHEREAS, the applicant has applied to the City for
" variances to Municipal Zoning Code Section 10.03, Subdivision 9
(C) to permit a 167 square foot addition to an accessory
structure that would result in an oversized accessory structure
of 1,166 square feet where only 1,000 square feet is allowed for
this property. The addition also brings the total area of
accessory structures on the property to 2,055.6 square feet where
only 2,000 square feet is allowed for a property less than 1.99
acres in area.
NOW, THEREFORE, � BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1489.
2. The property is located in the LR-1B Single Family
Lakeshore Residential Zoning District requiring 1 acre in
area. The property consists of 44 ,418 square feet or 1. 01
acres.
3. The Orono Council reviewed this application on March 12,
• 1990 , and recommended conceptual approval of the proposed
variances based upon the following findings:
Page 1 of 4
�. .. •
,.<.,
�� ���� o� ORONO
�`���`` Cit�
� �
• � �
�.,��,� ;� ; .
RESOLUTION OF THE CITY COUNCI L
;�,_ :�:,-;- �.r
� • --' ;� NO. 2787
�.�.-�� � : .
^;�.,- ur:-'„�. � . - .
A) The addition of 167 square feet to the existing
accessory structure will have a minimal visual impact
based on the roof design of the structure and the
location of the structure on the property.
B) The oversized accessory structure meets the
principal structure setbacks for the zoning district.
4. The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by City staff, comments by the applicant
and the effect of the proposed variances on the health,
safety and welfare of the community.
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
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 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 with the spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants variances to Municipal Zoning
Code Section 10.03, Subdivision 9- (C) to permit the addition of
167 square feet to an existing accessory structure resulting in a
total building area of 1,166 square feet and a total area for
accessory structures on the property at 2,055.6 square feet,
subject to the following conditions:
l. Applicant must obtain a building permit for the proposed
addition to the existing accessory structure.
2. Authorities granted by this resolution run with 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 date (April 9, 1991) .
• Page 2 of 4 .
• r 9
• '
;! �• , . ::.�°,�' '
a`� Cl�y O� O�,ONO ;
7� v �
• �� ' RESOLUTION OF THE CITY COUNCIL � `
�
; r
'� NO. 2787 �
• �� • ' I
;y�' ` I
3. Violation of or non-compliance with any of the terms and I
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.
4 . The undersigned applicant has read, understoocl 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 City Council of the City of Orono,
Minnesota at a regular meeting held on the 9th day of April,
1990. •
ATT T:
• or thy M llin,� City Cle k Jame R. Grabe7c, or
• .
Pro rty Owner s
,
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 9th day of April, 1990, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City. �
`�2,(,e�� - �l/�
Notary Public
THERESA L. NAAB 9� 9a
''; NOTARY PUBLIC - MW�eSOTA M COI11Iil1SSlOI1 Expires
HENNEPIN COUNTY Y
� MY�mmission explrgs 8-8-92
• Page 3 of 4
...... . r ` L �. .. ..'!. .. .. ., .. . . . .. . .. . .
,�;�� -��
'� .
.t,:�:,';,:.:
�.� 9i�r. ..
=Y,= - - - Cit� o� ORONO
:�� �� .
• �;� , ����}�
`��- RESOLUTION OF THE CITY COUNCIL
�.:91
�f� ; .
• � N0. 2�8�
'.�'`��
• • • •.
...�+, ..;.r,.,
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 9�' d�y of �/,Of i � ► 199�
before me a Not�ry Public within �nd or s�id county, personal�
�ppe�red F. John Hardin a single erson
known to me to be the person(s described in and who executed t e
foregoing instrument, and acknowledged th�t he (they) executed
the s�me �s his (their) free act �nd deed.
/"uu�"
NOTARY PUBLIC
:"�" THERE3A L, NAAB
� ; NOTARY PUBIIC- MINNESOTA _
HENNEPIN COUNTY (
My commiaalon expirw e-e-92 . / -� 9a
• MY COMMISSION EXPIRES �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this d�y of , 199 , before me a
Not�ry Public within �nd for s�id County, personally appeared
known to
me to be the person ( s described in �nd who executed the
foregoing instrument, �nd acknowledged that he (they) executed
the s�me ��s his (their) free �ct and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
• Page 4 of 4