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Home My WebLink About#4896-variance-2002 ,� . �, , � � O _ V O � O �'��;a..- C ITY of ORON� � ,� � � �3..,,... � � � j * � � "� RESOLUTION OF THE CITY COUNCIL ��`9kEsH�S�`�� NO. � � � � A RESOLUTION GRANTI�'G VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 5 (B), FILE NO. 02-2849 `VHEREAS, Steven Jacobson (hereinafter "the applicant") is the owner of the property located at 4185 Sixth Avenue North within the City of Orono (hereinafter"the City")and legally described as follows: The west 245.00 feet,as measured at right angles,of that part of the north 25 acres of the Northeast Quarter of the Northeast Quarter of Section 31,Township 118,Range 23 lying south of County Road No. 6, which was formerly also known as State Highway No. 110, Hennepin County, Minnesota, (hereinafter "the propei-t}r'); and `VHEREAS,the applicant has applied to the City for a variance to Municipal Zonin� Code Section 10.27, Subdivision 5 (B)to allow constniction of an attached�ara�e/bedroom addition to the existing house to be 41.3' from the front lot line where 100' is required in the RR-lA zoning district; 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 November 18, 2002, at which time all persons desiring to be heard concernin�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#02-2849. ' 2. The property is located in the RR-lA Zoning District,where 5 acres is the minimum required lot area. The property consists of approxi:nately 1.02 acres. 3. The Orono Planning Commission reviewed this application on November 18, 200? and recommended approval by a vote of 6 to 0. Page 1 of 6 . `4 , � l � O� O O ,� .: ;.. �, CITY of URONO � ti �� G~' RESOLUTION OF THE CITY COUNCIL ��kESYi04'� NO. � � g � 4. The Planning Commission made the following findings of fact: A. The structural coverage on the lot is increasing to 1,723.62 s.f. (3.9%)well below the allowed 15%. B. The hardship is the existing house location in relation to the front lot line. C. The existing residence was built in 1945,prior to current zoning standards. � D. The well and septic system are in locations that are not affected by the proposed addition. E. The interior layout of the house would make it difficult to construct a functional attached garage/bedroom at a location not needing a variance. F. The adjacent properties are not affected by the attached garage/bedroom addition. 5. The City Council finds that the conditions existing on this property are peculiaz 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 properiy;would not merely serve as a convenience to the applicant,but is necessary to alleviate a demonstrabl� 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. 6. 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 welfaze of the community. CONCLUSIONS, ORDER, AND CONDITIO\'S Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to allow construction of an Page 2 of 6 .. , � . , � O� O O � CITY of ORONO � ,� . ,. �, . ti �� G~' RESOLUTION OF THE CITY COUNCIL `��fEsl�o4' No. � � � � attached garage/bedroom addition to the existing house to be 41.3' &om the front lot line where 100' is required in the RR-lA zoning district. Approval is subject to the following conditions: . 1. Council 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 pernussive only and must be exercised by application for a building pernut within - one year of the date of Council approval, or these variances will expire on that date (November 25,2003). 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 25th day of November, 2002. ATTEST: , � __. , � ��Cr� f/ C%,�ti �4.�c�.�;� ' �U� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor �C��s-----��..�c 4 a�r�r�.�--� - Property Owner�� Page 3 of 6 • • �, , , . �O� O O � CITY of ORONO � 9 � i.. � F �� ~' RESOLUTION OF THE CITY COUNCIL `�kES1I04' NO. 4 � � � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was aclrnowledged before me on this 25th day of November,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. _ ��«��t��"-�o�.�-�..o� Notary Public r... �^�'S::.�'�„*"�"Y:�^�^ � T."v:.a:� _.::c:n�Lc.+.�:.-a......'' .�"w....c.':.. • �,LiSSA A.b"T,�`�T��ivH�l�41ER > NOTARY PUBUC•MINNESOTA STATE OF MINNESOTA MyCommts�onEx;,�:�s,�an.3t,2oo6 COUNTY OF HENNEPIN (- ��p�jy�+�,,,,�_ The foregoing instrument�vas acknowled�ed before me on this,�day of��i��:��r; 'r'� 2002 by Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. .�.� �- �, .,;�,�u.�< RACHEL DODGE Notary Public z , NOTARY PUBLlC-MINNE.^OTA �� ►. � . My Camm3ssion Expires Jan.31,20a5 :.. _..�: _. .. ...t. _ �. _ _. STATE OF MINNESOTA COUNTY OF HENNEPIN ��ny� On this�day of � � ,2002, �� pt/Z'� � ,Tc<.�vGson, pers�nally arrearel before me, who is personally known to me ✓ whose identity I proved on the basis of ��V 17 L whose identity I proved on the oath/affirmation of ' , a credible witness and who executed the foregoing instniment,and acknowledged that he/she/they executed the same as his/her/their free act and deed. ,� � �J�C�Zc�.C. Notary Public a�s DENISE M.LESiCiNEN Page 4 of 6 ��c•�r�� '�Y�bn Expi�es Jan.31,2005 . � � 1 . . , �O� O O ,� ., �. �., CITY of ORONO � ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESKog'�G rua 4 � � � . STATE OF NIINNESOTA COUNTY OF HENNEPIN On this day of , 2002, nersonally appeared before me, who is personally known to me - whose identity 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/heritheir free act and deed. 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