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Home My WebLink About#4470-variance-2000 ,-�__-�� /� O�\ �� ' '�� CITY of ORONO � �° ;� a 6� � ' �, ,; ��'.�- �,'�� RESOLUTION OF THE CITY COUNCIL ��SH�p�/ NO. �� e .,, "� A RESOLUTION GRANTING A VARIANCE TO NIUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6(B) FILE NO. 2580 WHEREAS, Timothy J. Pattrin, (hereinafter "the applicant") is the owner oi the property located at 1360 Railroad Avenue within the City of Orono (hereinafter "the City") and legally described as follows: All that part of Northeast 1/4 of the Southwest 1/4 of Section 10, Township 117; Range 23, described as follows: Beginning at a point on the Southerly line of Lot 6 of ElbridQe S. Bames' First Subdivision distant 205.08 feet Southeasterly from the Southwest corner thereof; thence Northwesterly to said Southwest corner; thence, Southwesterly along the Easterly line of the right-of-w•ay of the Great Northern Railw�ay 179.06 feet; thence deflecting left 90 degrees to an intersection with a line drawn through the point of beginning at right angles Southwesterly from the Southerly line of said Lot 6; thence Northeasterly to the point of beginning; subject to that part thereof lying �vithin Central and Railroad Avenues, Hennepin County, �Iinnesota (hereinafter "the property"); and `VHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6(B)to allow the construction of a 624 s.f. attached garage to the existing residence to be located 23' from the street side yard where 50' is required. `VHEREAS, 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 hearin� on May 15, 2000, at which time all persons desiring to be heard concernina this application�vere given the opportunity to speak thereon; and NO�V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 6 � � �— �� 0 0 ��, CITY of ORONO � � ti RESOLUTION OF THE CITY COUNCIL �l� �'~ t� �� :� �SH04� NO. FINDINGS 1. This application was reviewed as Zoning File#2580. 2. This property is located in the LR-lA Zoning District, where 2 acres or 87,120 s.f. is the minimum lot area. The property consists of approximately.51 acres or 22,137 s.f. ;. The Orono Planning Commission reviewed this application on May 15, 2000 and recommended approval by a vote of 5 to 0. � 4. The Planning Commission made the following findings of fact: A. The structural coverage on the lot is increasing to 2,160 s.f.(9.76%),but still well below the allowed 15%. B. The 500-1000'hardcover coverage is increasing,but well below the allowed 35%. C. The well is located on the east side of the residence, limiting the ability to construct an addition to the reaz of the house. Also, the existing residence already encroaches the front, side and side street required yards, and any addition would require encroachment of one of these yards. D. The lot is small compared to the LR-lA zoning district standard. E. The driveway will continue to access from Railroad Avenue. 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. Page 2 of 6 • I /'_ /� O� � O �, CITY of ORONO . � ' � � �'� RESOLUTION OF THE CITY COUNCIL �ESIIp4� NO. � �T �;�' �'' 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. 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 10.23, Subdivision 6 (B)to allow the construction of a 624 s.f. attached gazage to the existing residence to be located 23'from the street side yazd where 50' is required. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 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 (May 22, 2001). 3. 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. 4. 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. Page 3 of 6 I /�O �� O O . �, CITY of ORONO � � � �',� �,'� RESOLUTION OF THE CITY COUNCIL � � ��9,kESI1p4�' NO. �� Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 22nd day of May, 2000. ATTEST: + ��.��v(s�GV� �; v � � Linda S. Vee, City Clerk Gabriel bbour, Mayor '�' .,- �_ _ �1C�� ' << / roperty r(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of May, 2000 by Gabriel Jabbour and Linda S.Vee,Mayor and City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. . ��7vn/ , �- Notary blic " ,' ; MARY ANN JOHNSON NOTARY PUBIIC•MINNESOTA 1,Ip Cortmb�bn Expire�Jati 31,� Page 4 of 6 i�� 0 0 �, - CITY of ORONO � � �'� G'� RESOLUTION OF THE CITY COUNCIL ��ESHpg�' NO. � t' �� ' STATE OF MINNESOTA ) ) ss. COUI�ITY OF HENNEPiN ) On this � ��h day of ��"� �`� -� , 2000,before e a Notary Public within and fqr said County, personally appeared �i n�o`f-h� J • a�-� �'%N,, r� a �K%F�� 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. � - .�.� ��a��. C�� :; f MIARY AND1 JOHNSON Notary P lic �� NOTARY PUBUC-MINI�SOTA i�►CanndWon Exp�,lan.31,2005 STA�'E ��F MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this .5 f� day of _ �� , 2000,before me a Notary Public within and for said County, personally appeared 5�n�r�� . -�c f-��R%N �� z ��1� �� , known to me to be the person(s) described in and who executed the foregoing instrument, and acknawledged that he (they) executed the same as his (their) free act and deed. T„� �'i�n-�' �iJ�L.�n/ _ Notary�ublic v�7 � �' ' MARY ANN JOHNSON � NOTqRY PU811C•p�INNEc,�pTA � ';,'. ��i0n Expirpy J�.31,2ppS �� I� II�� Page 5 of 6 Exhibit A 1360 Railroad Ave., Crystal Bay,Mn, 55323 4 �' s � _, LEGAL DESCRIPTION:All that part of Northeast 1/4 of the Southwest 1/4 of Sectioa 10,Township 117,Range 23, described as follows: Beginning at a point on the Southerly line of Lot 6 of Elbridge S.Barnes'First Subdivision distant 205.08 feet Southeasterly from the Southwest corner thereoP, thence Northwesterly to said Southwest comer, thence Southwesterly along the Easterly liae of the right-of-way of the Great Northern Railway 179.06 feet; thence deflecting left 90 degrees to an intersection with a line drawn through the point of beginning at right angles Southwesterly from the Southerly line of said Lot 6; thence Northeasterly to the point of be�nning,subject to that part thereof lying withia � • Central and Railroad Avenues. - r-, . , � • . ^- �r �0 �•• �l. � "� �� / � �. ��^.'� . ��t��- . � .. ~� o' p � J� �/ ��;:.%:�`'�.L:��.:'`��-�;;: � � V � / y `' ��':` . ^ \ � f +.: .� ,�._ .., : y. {r � � ' � � .. �:;-� a � '�=�::•�. ��. � .:. •>..�� /�M � � � � N �, : _�:: i� �. g�a� ��;�. �.,;� • r ., �tu 4' � , .. r;` �f , . 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LEGEIvn: ` � Jv,2,�34g�� ,,lrub'cj w��,y� '`1 Scale: 1 inch=40 feet W S,� . ` - 6 r P,P, -gs.78_ ��P r B�arings are assumed . • __. -. ; � "� o Denotes I r oa Pipe F o u a d . ��',�,p, {� �P.P.-Denotes Power Pole - Z , / - �� - . M-Denotes Cutrent Measured Distances �`•t' D-Denotes Original Deed Mea.surements � , � Area=0.52 Acres � �� f. :.� -�_ � � '�� I hereb certify that this CERTIFICATE OF SURVEY f a�esota.d As surveyed by m�a duly Re ' ter d Land Surveyor under the laws of the State o t ' ay of 2oa0�: . �'� Page 6 of 6 Garv L. B r, Land Surveyor,Mn License No. 10948