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Home My WebLink About#6408-variance-2014 , oZG6� �.yC?L�- �itr� Doc No A10092322 Certified, filed and/or recorded on Jun 27, 2014 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McMormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 42 Pkg ID 1125449M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46..00 This cover sheet is now a permanent part of the recorded document. .� o,�,. O O CITY of ORONO � � �_ � RESOLUTION OF THE CITY COUNCIL � �� No. 6408 ��kESH04'� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-420 (B) FILE NO. 14-3665 WHEREAS, Orono Woodlands, Inc., a Minnesota Nonprofit Corporation (hereinafter "the Owner") is the owner of the property located at 2100 Sixth Avenue North within the City of Orono (hereinafter the "City") and legally described as Lot 2, Block 1, Phillips Woodland Terrace 2"d Addition, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the Owner has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-420 (B) to allow construction of a 24' x 38' attached garage with a 10' wide enclosed breezeway 16.3 feet from the west side lot line where 30 foot side yard setback is normally required and a 58 foot setback currently exists for the existing home; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on May 19, 2014 at which times 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 14-3665. 2. The Property is located in the RR-16 One Family Rural Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on May 19, 2014 and recommended approval of the variance based on the following findings: a. The Property contains 108,105 square feet (2.48 acres) in area and has approximately 305 feet in width along Sixth Avenue North. Page 1 of 4 � o� O � O CI TY of ORONO � ' ,�., A► RESOLUTION OF THE CITY COUNCIL � G'��' NO. � 4 � S ��kESH�4'� b. The Property is served by sanitary sewer. c. The site layout and the location of the existing home makes it difficult to construct conforming additions or appurtenances. d. The garage addition appears to be reasonable and consistent with similar residential properties in the area. e. The existing topography and vegetation on the Property should serve to address or mitigate any negative visual impacts. f. The addition of an attached garage to the existing home is consistent with the comprehensive plan and will not alter the character of the area. g. The Owner's request will alleviate a practical difficulty inherent to the Property and not created by the Owner. h. The Owner's request will not alter the essential character of the neighborhood and wilt result in minimal negative impact on adjacent properties. i. The Owner's request is in harmony with the purpose and intent of the ordinance. j. The location of the existing home; the layout of the accesses and the interior of the residence; the sewer lift station; as well as the topographic chaltenges of the Property create practical difficulties for identifying a viable alternate location for attached garage addition in a conforming location. k. The Owner has demonstrated that enforcing the setback provisions of the Zoning Ordinance deprive the Owner of the reasonable use of the Property. 4. The City Council has considered this application including the findings and recommendation of the Planning Cornmission, reports by City staff, comments by the Owner and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on the 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 Owner, but is necessary to alleviate a practical difficulty; is Page 2 of 4 � o� O � O CITY of ORONO � ;�,. � RESOLUTION OF THE CITY COUNCIL �� ,� No. 6408 �kESHOg' necessary to preserve a substantial property right of the Owners; 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 above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-420 (B) to allow construction of a 24' x 38' attached garage with a 10' wide enclosed breezeway, 16.3 feet from the west side lot line where 30 foot side yard setback is normally required and a 58 foot setback currently exists for the existing home, subject to the following conditions: 1. Council approval is based on the survey and plan submitted by the Owner and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to the plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining a buifding permit and commencing construction of the addition. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (June 9, 2015). 3. Violation of or non-compliance with any of the terms and conditions of this resolution 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 Owner has read, understands and hereby agrees to the terms of this resolution and on behalf of the Owner and the Owner's 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 the 9th day of June, 2014. ATTEST: , �� -� Rachel Dodge, City Clerk Lili Tod McMillan, May Page 3 of 4 .� o�. O O CITY of ORONO � . +� .-..;. �r RESOLUTION OF THE CITY COUNCIL ��t G'�'F NO. � � O 8 �kESHOg'� \�`� � Property O ner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ��day of t�t..!'��-- , 2014, by � � C�cd C - , its Administrator/RN Director, on behalf of Orono Woodlands, nc. `-- ��.�--��- �C�� d �'" Notary Pubfic s� '• {�p��{,.40DGE �n�t�s�-�s��a �ycx,�„�„��,�s Page 4 of 4 . . �r � - ANo , �- �- � , , , � � �,o�E�nEN� / I V��!�'S / � 10 , , i��'' / i � :� � � Resolution - Exhibit A i � I �" � / � � � � W I �� I � � / �, ��- � � �; � � � / i� { � I I \ \ REVISED / I // 0 I I \\D�NEATED BY SER� / // _I / z i � \ \-1—�� / / ,� i / . � \ � \`•.F-- �'� �/ // __ i / / , \i`� /'�——�—�� -- �i / � � ': f� /,� // � � ��_% -f� I / � _�� '•..,'\ �\��—�� /�— j i / � � ' �/� /„�'�" —�� i ��-` ''� �—�-- / ------�'� N 88°45 30"W ... 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Iy— O O O Q � �� - O a Q w � o W 2 Z r ¢ ' � �;K'� Q O o�e �: o[ .� '�:: � Z Z 4 p � S � �W ' � _ m Z p : �LL Q O � u3 4' �I Op � R V= �i � a � � , �Q . N p � � . 1� P�`�. r ` ^'q Il. �ae� � � � p Q ,t � ,O. m N a � �p � � 4�. K O� � C= c J � O ____ _ I '-_ � __ _ _ � ` �'_.. � < __ '`_ � `I ` �-��__`____ i �I �' I .�'�b�. _'- .8".z. 0� �' �1� G — �'- _ `. I 6� ` / 1 ` � `' ' S � ( ��_-_ OW � �. i d� W '��'�.� I �$ � / �� '�. d �, c� �_ �, �, � '�-� STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on June 9th , 2014, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corporate seal of the City this��day of n,2 , 2014. �.-'��z,�.--'c.�.-P ./�C � City Clerk .