HomeMy WebLinkAbout#4277-variance + denying V-1999 O O
CITY of ORONO
ti
�� G~ RESOLUTION OF THE CITY COUNCIL
LI S NO. A 9 r
A RESOLUTION GRANTING VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.27, SUBDIVISION 5 AND DENYING
VARIANCES FROM SECTION 10.03, SUBDIVISION 9 (D) AND (F)
FILE #2475
WHEREAS, Ronald P. Zelinsky, Jr. and Jennifer L. Zelinsky (hereinafter "the
applicants") are owners of the property located at 320 Turnham Road within the City of Orono
(hereinafter "City") and legally described as follows:
Lots 1 and 2, Chippewa Third Addition, Hennepin County, Minnesota (hereinafter "the
property"); 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 April 19, 1999, at which times all persons desiring to
be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.27, Subdivision 5 and Section 10.03, Subdivision 9 (D) and (F) to
permit the construction of a swimming pool 90' from the front lot line and 55' from the side
yard adjacent to street lot line, and variances to permit an accessory structure with indoor
plumbing 33' from the side yard adjacent to street lot line where 100' is required for setbacks
in the RR-lA Zoning District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 92475.
2. The property is located in the RR-lA Zoning District, where 5 acres or 217,800
sq. ft. is the minimum lot area. The property consists of 2.8 acres or 121,968
sq. ft.
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RESOLUTION OF THE CITY COUNCIL
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3. The Planning Commission reviewed this application on April 19, 1999 and
recommended approval of variances for the swimming pool and denying
variances for an accessory structure on a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
A. Plumbing in an accessory structure requires the applicants apply for a
conditional use permit.
B. Any accessory building with plumbing is required to meet all yard
setbacks. The building is located entirely within the side yard setback,
therefore a "Plumbing in Accessory Building Conditional Use Permit"
cannot be granted.
C. The swimming pool will be surrounded by a berm, with landscaping, to
screen that portion of the property from other areas outside.
D. Other areas on the property could not support a swimming pool as a
result of existing utility lines, sewer pipes, septic tanks and drainfield and
the driveway.
E. The property owner to the south spoke in favor of the swimming pool.
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.
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 variance on the health, safety
and welfare of the community.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�9kESIID�� NO. 42 7 '
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 10.27, Subdivision 5 to permit a swimming
pool and patio to be located 55' from the side lot line and 90' from the front lot line, and
denies variances to permit construction of an accessory building, with plumbing, within the side
yard adjacent to street setback. Approval was subject to the following conditions:
1. The applicants submit an updated survey showing existing and proposed
conditions on the property and elevation and fill data for a berm around the
swimming pool.
2. The applicants apply for and receive a land alteration permit for the berming
shown on the landscape architect's drawing on file with the Building & Zoning
Department.
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 this variance
will expire on that date (April 26, 2000).
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, 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.
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RESOLUTION OF THE CITY COUNCIL
�9kE8hi0g� NO. 4277
Adopted by the Orono City Council on this 26th day of April, 1999.
ATTEST: j
Lind S. Vaq City lerk Gabrie Jabbour, Mayor
Prope y Owner(s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of April,
1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
r• �
Notary Public
,t ..�. CSR
NGi;.pOLEA NASf.�V1�,INJ
HEA X hV Cco.'T
` U.7�'rrrTiceir.
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CITY of ORONO -
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RESOLUTION OF THE CITY COUNCIL
..... STrI0¢�G .NO. -4 .2 .7 `e
STATE OF MINNESOTA )
) ss.
COUNTY OF FIENNEPIN )
On this Aim day of J egi/ , 199 9 before me a Notary Public within and
for said county, personally appeared ,e,7„i,&eyeL. y, �IaRRA'e-e
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he(they) executed the same as his (their) free act and deed.
[::MARY ANN JOHNSONRY PUBUC-MINNESOTAmissio Expires Jan.31,2000 NOTAV PUBLICy
STATE OF MINNESOTA )
) ss.
COUNTY OF FIENNEPIN )
On this day of 199 before me a Notary Public within and
for said county, personally appeared r 'P
known to me to be the person(s) described in and who exe utel the foregoing ><nstrument,and
acknowledged that he (they) executed the same as his(their)free act and deed.
VCAROLEA NrSr'.?'1;.Plr ��� "`---LLL �-L[� ( i� -t,1,-4U2XA —
ti 1: NOWAY FUELIC-MUII:KE.OTA NOTARY PUBLIC
HENNF.FI;J COUNTY K
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