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Home My WebLink About#2972-variances-1991 / O CITYof ORONO RESOLUTION OF THE CITY COUNCIL `r`V, p4��' NO. 2 9 7 2 ESTI A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (D) AND SECTION 10.28, SUBDIVISION 5 (B) FILE #1639 WHEREAS, Eleanor L. Ferri 1 (hereinafter "the applicant") is the owner of the property located at 240 Wakefield Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 2, Block 1, Wakefield Farms Second Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to allow an accessory building nearer the front or street lot line than the principal building on the property; and a variance to Section 10.28, Subdivision 5 (B) to permit construction of an above-grade encroachment-type deck attached to the house and located 22' from the side lot line where a 30' side lot line setback is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1639. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 20, 1991, and unanimously recommended approval of the proposed variances based on the following findings: A) Because the house is located more than 250' from Wakefield Road, and because there is much vegetative screening between the street and house, the greenhouse will not appear as a front yard encroachment as viewed from the street. Page 1 of 4 , 1 CITY of ORONO RESOLUTION OF THE CITY COUNCIL �kES1140 NO. 2972 B) Regarding the requested 8' side setback variance, the deck/greenhouse addition will be approximately 150' from the nearest affected neighbor to the southwest. There is adequate distance and screening so that this deck encroachment will have no significant visual impact on the visual density of the neighborhood. C) The Planning Commission generally agrees with the applicant's stated hardships and unusual property conditions, which include: i. Other locations for this structure on the property would require extensive digging and loss of trees and wildlife habitat. ii . The greenhouse structure requires a north/south orientation, resulting in the proposed alignment. iii. The exact location of the structure is limited by existing retaining walls , trees , topography and other improvements to the property. 4 . 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 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 hardship or difficulty; is necessary to pre- serve 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. Page 2 of 4 • O� i �- CITY of 0 ONO ra{tji� RESOLUTION OF THE CITY COUNCIL 0 NO. 2972 �IfESYi4L CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to allow an accessory building nearer the front or street lot line than the principal building on the property; and a variance to Section 10.28, Subdivision 5 (B) to permit construction of an above-grade encroachment-type deck attached to the house and located 22' from the side lot line where a 30' side lot line setback is normally required, subject to the following conditions: 1. Applicant is advised that any changes in plans from those submitted for this application review may require further City review. 2. Authorities granted by this variance run with the property not with the applicant, 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 (June 10, 1992). 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 here- by agrees to the terms of this resolution and on behalf of herself, her 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 10th day of Jun , 1991. At" a — ATT ST: xu"A� orothy allin, City Clerk Barbara A. Peterson, May Property Owners Page 3 of 4 i CITYof ORONO RESOLUTION OF THE CITY COUNCI L 9kESIl-I0 NO. 2972 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of June, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City 1 k of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. VEE NOTARY PUBUC - MINNESOTA ENNEPIN COUNTY My Hcommission exPiros 5-1288 / Notary Public Irn-TIrm sun ss. COUNTY OF HENNEPIN ) On thi s f day of Tu h e- 199 before me a Notar Public within and f or, said county, personally appeared / i!?m e I 2 ^ Owner 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. LINDA S. VEE NOTARY PUBUC - MINNESOTA HENNEPIN COUNTY Nota Public My commission expires 8-12-08 y EGE OF MINNUPTAL )ss. COUNTY OF HENNEPIN ) On thi s day of �u►� e- , 199 before me a Notary Public within and for said county, personal y appeared 2a a r i-• r-e�'ri ` oinf Own ger known to me to be the persons degctlibed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ��aca%� �► vii Notdry Public LINDA S. VEE Page 4 of 4 NOTARY PUBUC - MINNESOTA HENNEPIN COUNTY -ias;;m expires&12-08