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Home My WebLink About#4928-variance-2003 R � � O� O , O ��-, CITYof ORONO � �- � : ��-. �, �� .:��. �'�t �G~ RESOLUTION OF THE CITY�COUNCiL �kEsH�4 NO. � � � � A RESOLUTION GRAlr'TING A VARIANCE TO MUNICIPAL Z01vING CODE SECTION 10.23, SUBDIVISION 6 (B) FILE NO. 03-2872 WHEREAS,Terry Morse and Christine vlorse,husband and��fe,(hereinafter"the applicants")are the owners of the property located at 2080 Spates Avenue,within the City of Orono (hereinafter "the City") and legally described as follows: Lots 1,2,3,4,5 and 21, Ora Park on Lake Minnetonka,Hennepin Count�-.�1�iinnesota, (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance from Municipal Zoning Code Section 10.23, Subdivision 6 (B) to add a second ston-on the most southwesterly portion of the existing principal structure, 20.6' from the side street lot line where 50'is required, in the LR-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 February 19, 2003, at which time all persons desiring to be heard concerning this application were given t�e 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 #03-2872. 2. The property is located in the LR-lA Zoning District,where 2 acres is the minimum required lot area. The property consists of approximately 1.16 acres. 3. The Orono Planning Commission reviewed this application on February 19, 2003 and recommended approval by a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: Page 1 of 5 f . � O� O O �� -� CITY of ORON� `� � hd�.._ �+ ti ��L Y � �G~' RESOLUTION OF THE CITY COUNCIL �kESI1�¢ NO. L� � �' � A. The structure within the 50' setback has been in existence since 1971; B. The proposed addition does not increase the footprint of the existing building nor further encroach into the 50' setback; C. Although Railroad Avenue is a platted street, it is not in use as a street at this point. 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 variances 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 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. 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 variances 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 add a second story on the most southwesterly portion of the existing principal structure, 20.6' from the side street lot line where 50'is required. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant as attached to this resolution as Exhibit A. Any amendments to the plans may require further Planning Commission and City Council review. 2. Approval is subject to the following condition: . a) application for combination of lots 1, 2, and 3 with the existing homestead (lots 4, 5, and 21) must be made prior to issuance of a building permit. Page 2 of 5 , � , � � °� 0 0 �; CITY of ORONO ,� ;,. �, . ., � ti �� G~ RESOLUTION OF THE CITY COUNCIL ��kESI;�4� NO. � � r `� 3 . 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 these variances will expire on that date(February 24, 2004). 4 . 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. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree 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 24th day of February, 2003. ATTEST: �?`��-�� .�-�� -�� -�>-� Linda S, Vee, City Clerk Bar a A. Peterson, Mayor . �2� �Z ' � � D. !2�.._ Property Owner(s Page 3 of 5 � � °� � o 0 � CITY of ORONO ,� - ,.. �, ti �'C�� G~ RESOLUTION OF THE CITY COUNCIL `�x'EsKog' rva _ 4 9 2 g STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 24th day of February,2003 by Bazbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �n�� Not Public � MOmYlIfPI/LIC-t�lAVESOTA � Myp�lon6pM,lan.39,2007 1u 3 ST TE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this Za day of February, 2003 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. � ,d�� -��-� Notary Public .-��,. _ '� RACHEL DODG� � � NOTARYPUBLIC-MINNE^OTA 3 � '� �'�Y Coirn�bs(on E�ies Jan.31,2Cp5 � ��:;.KM; � Page 4 of 5 � � °� 0 0 CITY of ORONO � � � . .;�. ,., ti �'�� G~ RESOLUTION OF THE CITY COUNCIL `�kEsKa�`' No. 4 9 2 8 State of Minnesota ) ) ss. County of Hennepin ) r ►^ r This instrument was acknowledged before me this l� day of L c.�, 'ti��, ,2003 b��Terry Morse,husband of Christine Morse. ��-� -A.} �,, "- RACH�LDODGE �; � NOTARY PUBLIC-MIP�R�"'OTA /� ,;�r(� tity Commissiai Expires Jan.3�,2005 r. - i<-�'�,�.�., �I vL.� :_�__�._ Y� Notary Public State of Minnesota ) ) ss. County of Hennepin ) �'� This instrument was acknowledged before me this a2/ day of 2003 by Christine Morse,wife of Terry Morse. ,',rn.�r.. . --T_ •�-�?� r , RACHEL DOCG� ;` . `� „ /} n 't." NOTARYFUBUC-MI�;�v�^OTA ? ��(�/��'Lx�.. �p�C �+hj Ccmm.ission E�cpiip Jan.:;',�^r,; -._.,_k_.. �_.��,,-- _. Notary Public Page 5 of 5