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Home My WebLink About#5366-variance-2005 l j :- , � O`V � O �+ � � CITY of ORONO � � �, .� ti ti RESOLUTION OF THE CITY COUNCIL ��`9k'ES�I�g'�G NO. � � � � A RESOLUTION GRANTING A FRONT YARD SETBACK VARIANCE TO MUNICIPAL ZONING CODE � SECTION 78-330 (B) FILE NO. OS-3126 WHEREAS, Todd R. Courneya and Mysti Courneya, husband and wife � (hereinafter "the applicants") are the owners of the property located at 4620 Tonkaview Lane within the City of Orono (hereinafter the"City") and legally described as follows: Lot 1, Block 1, LEMMERMAN ADDITION, Hennepin County,Minnesota • � - � (hereinafter the"property"); and WHEREAS, the applicants have made application to the City of Orono . for a front yard setback variance to Orono Municipal Zoning Code Section 78-330 (B) to allow construction of garage additions with living space above to the existing two-stall attached garage at a setback of 20' where 35' is normally required and 25' currently exists and was approved by variance in 1995; and where a front yard setback variance of 20' was denied and a 25' front yard setback was approved for garage additions with living space above based on the 1995 variance documented in Resolution 3519. NOW, THEREFORE BE I'T RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File OS-3126. 2. The property is located in the LR — 1 B, Zoning District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140 feet. 3. The Planning Commission reviewed this application at a public hearing held on July 18, 2005 and recommended denial of the requested setbacic of • 20' but approval of a 25' front yard setback variance based on the following findings: � Page 1 of 5 � � o� � � � o �� C ITY of ORONO � � n � �'� G'�' � RESOLUTION OF THE CITY COUNCIL �`9kESI�04� NO. � � � � a. The findings documented in Resolution #3519 approved in 1995 remain unchanged. b. The existing house maintains a 25' setback, therefore no further encroachment would be permitted. c. Due to the amount of undeveloped right-of-way in front of the applicant's property, the additions proposed will not have any further negative impacts as viewed from the road. 4. The City Council has considered this application including the findings �ld iecolnsnendatian of the Plaiu�ng Commission, rep�rts by Cit�,� s±aff, comments by the applicants 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 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. CONCLUSIONS, ORI)ER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a front yard setback variance of 25' where 35' is normally required and 25' currently exists for construction of garage additions with living space above based on the 1995 variance documented in Resolution #3519 and the additional findings noted in this resolution, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any � amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Page 2 of 5 � � O� � 0 �� C ITY of ORONO � : - � ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESIIOg'�G NO. � � � � 2. The applicant must submit a revised plan in accordance with this resolution at the time of building permit application. All other requirements of buildulg height, stories, and side yard setbacks must be compliant with Zoiiuzg Ordinance requirements. 3. Authorities granted by this resolution run with the property not with the � applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, - or the variance will expire on that date (August 8, 2006). 4. 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. • 5. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on beha.lf of the applicants and the applicants' 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 the 8th day of Aub st, 2005. ATTEST: � .n� ,� , Linda S. Vee le,rl' Barbaxa A. Peterson, Mayor � /� , �-�` C" ,�- Pr erty O• e . � ' Page 3 of 5 ' O � � � 0 �. � � C ITY of ORONO � � - : � � ti ti RESOLUTION OF THE CITY COUNCI L ��`�kESSOg'�G NO. 'rJ � � � STATE OF MINNESOTA . COUNTY OF HENNEPIN z The foregoing instrument was acknowledged before me on tlus _ day of � �/, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota m icipal corporation and said instrument was executed on behalf of the City. . i- � � �:; � Not�ry Au lic � � JACQUELYN M,YOUNG, �,. Not�,ry�Puhliq`Minriesota m' ' " MyCdSmmll�aa�Eacpfres•Jnn31 2010 :n'n:�-:.i�. .:v, � � ��'ti":: „ .�z.. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instniment was acknowledged before me on this (L,`�day of ��' 2005 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. �:r° �Q ��`{ti.�•� C�J(��fl--.� �� L� �� RACHEL DODGE Notary Public �� , NOTARY PUBLIC-MINNESOTA ��':�,�..�.` My Commission Expires Jan.31,2010 ��.� . Page 4 of 5 e O - �. � s o � � C ITY of ORONO � - : � . ti ti RESOLUTION OF THE CITY COUNCIL ��kESIIOg'�G NO. S a� � � STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of j�ece._w�l,.o�, 2005 by Todd R. Courneya,husband of Mysti Courneya,husband and wife. .�J- , RACHEL DODGE ��.,� ►� � NOTARY PUBLIC-MINNESOTA Notary Public ��;;,,,:a� My Commission Expires Jan.31,2010 A � - STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of ��b , 200� by Mysti Courneya,wife of Todd R. Courneya, husband and wife. Qce='�; :, :;e:::��,��s;tiu:oa�,�� C�J�b C'c�.,R , � ..r�_ ;.,..,�: , � Notary Public . �,:l ..J .J`itJ�ti��..... . 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