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Home My WebLink About#5527-variance-2006 � °� i � �_ � � CITY of ORONU ,� � . ,, . � ��L �G'�' RESOLUTION OF T�i 5C1T� COUNC�L `9 4�' NO. 5 2 7 k'ES�I� A RESOLUTION GRANTING A VARIANCE � TO MUNICIPAL ZONING CODE SECTION 78-420(b) FILE NO. 06-3236 WHEREAS, Theodore James Bonnett, a single person, (hereinafter "the applicant") is owner of the property located at 60 Smith Avenue within the City of Orono (hereinafter "City") and legally described as Lot 41, Oroiio Orchards, Hennepin County, Minnesota(hereinafter"the property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-420(b) to allow a deck with a side yard setback of 10 feet wheil a 30 foot setback is required; and • WHEREAS, after due published notice and mailed notice in accordance with ., Miiuzesota Statutes and the City of Orono Zoiling asid Planning Codes, the Orono Planning Commission held a public heanng on October 16, 2006, at which times all persons desinng to be heard concerning this application were given the opportuiuty to speak thereon. , 1�TOW, '�HEREFORE, BE IT RESOLVED by the City Council of Orono, � Mirulesota: FINDINGS l. This application was reviewed as Zoning File#06-3236. 2. The property is located in the RR-1B zoning district, where two acres is the minimum lot area and 200 feet the minimum lot width. The property is approximately 0.83 acres in area. It has a lot width of 105 feet. a 3. The Planning Commission reviewed this application on October 16, 2006 and on a vote of 6—0 recommended approval of the setbacic variance based on the ' following findings: a. The usable width of the lot is only 50 percent of minimum required. b. The house was constructed in 1946, before the zoning code was adopted • and before decks were common residential appurtenances. Page 1 of 4 � o� � � o � o � CITY of ORONO � � ti �� G�' RESOLUTION OF THE CITY.COUNCIL �`9kES�I�g'� ' ., NO. 5 5 2 7 • c. Approximately 35 feet behind the house the property drops sharply to a wetland area 60 feet below. The view of tlus area would be considered an amenity to the property. The expanded deck will make it easier for the applicant to enj oy this view. d. The deck would not be out of character with the neighborhood or have an adverse impact on the adjacent property. At its closest point the deck would be at least 30 feet from the nearest structure on the adjacent property. This structure is a detached garage. 4. The City Council has coilsidered this application including the fmdings and recommendation of the Planning Commission, reports by City staff, comments by the applicant 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 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 applicant, but is necessary to alleviate a demonstrable hardsliip or difficulty; is necessary to preserve a substailtial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Coinprehensive Plan of the City. CONCY�USIONS, Ol[tDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-420(b) to allow a deck with a 10 foot side setbacic, subject to the following conditions: � � 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan may require further Planning Coirunission and City Council review. • 2. The deck must remain open, uncovered, and cannot be converted to a screened Page 2 of 4 ^ O � � . � � ,� p , o � ^ CITY of ORONO � -. ; - � , ti ti RESOLUTION OF THE CITY COUNCIL ��`�kEsH.og'�G rvo. 5 5 2 7 . porch or a room. (The area under the deck may be enclosed with lattice or other screening inaterial.) 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a ' building pennit for the deck before October 23, 2007 or the variance will ' expire on that date. 4. Violation of or non-compliance with any of the tenns and conditions of this resolution shall constitute a violation of the zoiling code, shall automatically terxninate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understands and hereby agrees to the • terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 23rd day of October, 2006. ` ATTEST: . ,/�/ � . (/ Lin a S. Vee, City Clerk Barbara A. Peterson,Mayor �� , � Theodore Ja es Bonnett • Page 3 of 4 D O � � � O �. O � C ITY of ORON� � � � ��, - ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'Esi3�g'�G � NO. 5 5 2 7 . STATE OF MINNESOTA � COUNTY OF HENNEPIN The foregoing instnunent was acl:nowledged before me on this�'day of ��, , 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Miiinesota municipal corporatioii and said instnuneizt was executed on behalf of the City. Not y P bl'i l JAG��F�,Y�(!�.�'QUMG �ta8��r t��,:�lic-P+l[anr�esota tslY t5cnxr�?�s�en Explrss Jan�7�2010 STATE OF MINNESOTA • COUNTY OF HENNEPIN The�foregoing instniment was acknowledged before me on this��day of �� ,2006 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. `'°��,�-Q.-C� �OC�-l� � ' RACHEL DODGE Notary Public �- >,�- NOTARY PUBUC-MINNESOTA y:�i��'z My Commissi�n Expires Jan.31,2010 IA+ STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acicnowledged before me this�day of �(,�� , �y Theodore James Bonnett, a single person. _ zc�o� � � • o ary Public ,�� CHRISTiNf M.AlIA1TSON Page 4 of 4 � �j��.��A 7 > R4y Cotn�i�ion 6�kw Jat►.91.200A � � . ,.:�u.tA . 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