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Home My WebLink About#4866-variance-2002 , ., � O� O �� O , � u��t_-.; ,,, � C I TY of ORONO `� � '�,. �� ti�, �L Y 4 �G RESOLUTION OF THE CITY COUNCIL `�kEsKo4' No. 4 � C � A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZOi�'ING CODE SECTION 10.23, SUBDIVISION 6 (B), FILE NO. 02-2820 WHEREAS,Michael Lasher(hereinafter"the applicant")is the owner of 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'/4 of the Southwest%4 of Section 10,Township 117,Range 23, described as follow: 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 thereof; thence Northwesterly to said Southwest corner; thence, Southwesterly along the Easterly line of the right-of-way of the Great Northern Rail�vay 179.06 feet; thence deflecting left 90 degrees to an intersection with a line drawn through the point of beginning at right angles South�vesterly from the Southerly line of said Lot 6;thence Northeasterly to the point of beginning;subject to that part thereof lying within Central and Railroad Avenues, Hennepin County, Minnesota, (hereinafter "the propert�'); and WHEREAS,the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to allow construction of a covered porch to the front of the existing house to be 40' from the front lot line where 50' is required in the LR-lA zoning district. `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 hearing on Septeinber 16, 2002, at which time all persons desiring to be heard concernin� this application were given the opportunity to speak thereon. NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #02-2820. 2. The property is located in the LR-lA Zoning District,where 2 acres is the minimum 1 of 6 1 � I O� O � , ,� .�.. � CITY of ORONU. ti �� G�' RESOLUTION OF THE CITY COUNCIL �kES�I04�' NO. 4 � G � rec�uired lot area. The property consists of approximately.51 acres. 3. The O�ono Planning Commission reviewed this application on September 16,2002 and recom�nended approval by a vote of 7 to 0. � 4. The Paanning Commission made the following findings of fact: A. The structural coverage on the lot is increasing to 2,360 s.f.(10.6%) well below the allowed 15%. - B. The hardship is the existing house location in relation to the front lot line. C. The hardcover in the 500-1000' setback zone is well below the allowed 35%. D. The existing residence was built in the early 1960's,prior to current zoning standards. E. The front covered porch is in character with the neighborhood. F. The only neighbor potentially impacted by the covered porch wrote a letter of support. 4. 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 will 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 ne�cessary to preserve a substantial property right of the applicant; and would be in kaeping 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 variances on the health, safety and ��elfare of the community. 2 of 6 � O� O � 4 > CITY of ORONO ,� - � � �� ' ,(h�'� RESOLUTION OF THE CITY COUNCIL �`�kEsKog'� rvo. 4 � 6 �8 CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to allow construction of a covered porch to the front of the existing house to be 40'from the front lot line where 50'is required in the LR-lA zoning district. Approval is subject to the following conditions: 1. Counicil 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. Authorities granted by this variance run with the property not with the applicant,but are permissive only and must be exercised by application for a building pernut within one yeax of the date of Council approval, or these variances will expire on that date (September 23,2003). 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. Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 23rd day of September, 2002. � ATTEST: ---_ � .� � � _ _ . .� 4..��C� nd S. V , i e Barbara A. Peterson, Mayor roperty wner(s) 3 of 6 � °� o � o . �� ti � CITY of ORONO � ,. . ti w RESOLUTION OF THE CITY COUNCIL �� o4�G rvo. 4 8 � � kESII STATE OF MINNESOTA COUNTY OF HENIVEPIN ��", The foregoing instrument was acknowledged before me on this�3rd day of September,2002 by Barbara A. Peterson,Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. - , Notary Public - D�NiS�M.LESKINEN STATE OF MINNESOTA - - `� NOT��•MINNESOTA - My Convrdssion Expires Jan.31,2005 COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this �7 day of September, 2002 by Linda S.Vee,City Clerk of the City of Orono,a Mi esota municipal corporation and said instrument was executcd on behalf of the City. � � _._. Notary Public �;.:.�_.. ,e �, .� _��:;.=,=M.LESKI�vc:�l STATE OF MINNESOTA NOTARYPUBUC-MINNcSOTA COUNTY OF HENNEPIN •-� Nh'�0D��an.31,2005 . On this�day of � ,�, ,2002, �\,�c�.•c.�` . L�s�e..('. �'� ers`ally appeared before me, �p who is personally known to me • �/ whose identity I proved on the basis of !�t IJ l��- whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument,and acknowled?ed that he/she/they executed the same as his/her/their free act and deed. Notary Public C�NISE M.LESKINEN NOTARY PUBLIC-MINNESOTA .�„ Wly Cort�rds�ion Expires Jan.31,2005 4of 6 � O� O � � � " CITY of ORONO � ' .;-. � �� '' RESOLUTION OF THE CITY COUNCIL `9kESII�4' NO. 4 8 � � STATE OF MINNESOTA COUNTY OF HElYNEPIN On this�day of , 2002, _ versonally appeared before me, who is personally known to me whose idsntity I proved on the basis of whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act�nd deed. Notary Public 5 of 6 i - . . . ' 'Exhibit A-� ' • 1360 Railroad Ave., Crystal Bay,Mn, 55323 LEGAL DES G�tI�TION:All that part o�Northeast 1/4 of the SovthvPest 1/4 a�fSoctia�I0,Toarnship 117,Raage 23 �'bed as follows: Beginning at a point on the Sovtherly line of LoE 6 of IIbridge S.Barnes'F'ust Subdivisiost d��t 205.08 fat Southeastaiy finm thc Soufl�west oana�theroo� theaa Nacthwcstaly to said Soutiiw�st ooma;:theaoe Southw al the , -,� . . �«�Y � ��of�he iight-of-way of the C�s+eat Nathan Ra�way 179.06 foe��pieuoe:d�cfla�iag leR 90 dcgrccs to ea intasocti�with a line drawn through the point of begiffiing et right angies Soi�hw�stal3i�fro�t� ^ Southaiy line of said�Lot 6; theaoe Natheasta2y to the point of begitmin�subjoct to thai patt�ha�ob�tp�ag withia • ' •Ceatral aadRai']roadAv� � � . . s. . .. .. . + _ . . . . ... r� �: ._ � . . -�- . . . . . ..._ _._.-�- . . . _ �:8=s.�� . �• o 'w � -_• • � . �� v�I MO' `� 9 c , � • • `� . , �'�•� 2� y • � .G;` ` �. � �it' c�� • � � d � � .' . / - � r h "8�� . � � c� � q- `�, '� :` p�' a c.,,F� +' � D `7�or�e� C' 90 f �•'�.:'+_ �sA�, - 8� ' o. �S,oB:�P �y C'��f� � .�h;,�4 � �, � . e�� a/ � �..� �� t. n,� S" r�,�..�� VP/ � �n V �3� �. v �,�`� 6?¢2 �"� �6 �Jp,��T.'•.;;.� ti' 4�:� "' . I A 3./ � v �� X� •�- � �; � • �'� 2 . S6 o S . . �;� :�� e2S, � � i a� �� . �/ � 9 2S?s„ �9-1� _ .q�• -�ti�� 9 ��_�_ .` , _ z� , � �- .� y�o�� /p� c c .;,�,..� �8�� _. -\`,1 , o�<� � • � �. e �, � .. o �a,.`';�; ,i� y i.,� �, �j,.� ' -. p.� D �...., � ' .y�� ti � �od .i�'.��.'� �9 't. >�'`c�✓a- . �. . 6� � `�� i � � e .�� $: ' . :'`�'; . " � ` • ��` Q' � � 'KC•( � :.� , ' � ��` �4 � � • , . • �I �� ;��1; ' ♦ . • . \ 't G� . . � � .�Y � • •t. � \.�� v . . . . �► , y={ • 1, ` � ,. .�<.. l�L. . . / /�� , �� c�' o�tl • �� y°��.�'�%N�� 'e . �n : � • _. �--- '��i �n. ^ � b L, �O oc� • .� Q ��; �� `�O' � 'F ' P �! ' • ' . . � •V�/ � •/ � C�' �. � � . � ,� � � '�c� A (�.0 . ��=; � � , 1• ' `� o �� 3� �''/6 ' y � o� . �•. 2� •� . �' �C . QD �S• pP • :.�,t"Ftan�tP'�t �j • . • p; V . o .��; � � . - • n�� • an1'` � . , � •C . 9 p1 ��' ./ . � . "''i �ub. ' � �- � �� /S'6� • . � �,,d - � . ' . . ; . � G� . �l�Zo S- • ,�� 6��PQ . . - ' �Gx�: _ ./ . ' °.34g%W `� '��,�J : � � . � . Bearings a�e assu�mod � ' .� �'� �p �siB_ ��`'ace � '. � . � . e Denotes IronPipe Fa�md � . ' o,Z3 . 'B P.P.-Deaotes PowaPole - . . • ,� ��• M-Deaotes G�nx�t Meas�aod Distaaoes • • . D-Dcuotes Original Dxd Measutrmeats • � ' Area=0.52 Acres � ' I hereb certi.fy that this�;ERZ7FICATE OF SiJRVEY was prepared by me aad that I am a duly -� � — � Re ' t Laad Surveyor under the laws of the State o£Minnesota. As survveyed by me � y of ZmQA_:=. . . Crarv L.B r,La.nd Surveyor,Mn License No. 10948 • Pac.e fi �f fi