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Home My WebLink About#5678-variance-2007 Doc No 9072698 12/07/20 12:22 PM I'l Certified filed and or recorde on above date: Office of the County ecorder Hennepin County, innesota Michael H. Cunniff, unty Recorder T nslD 360678 Deputy 33 Fees $35.50 DOC v / $10.50 SUR $46.00 Total A RESOLUTION GRANTINGA VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-420(b) FILE NO. 07-3318 TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES t X 07 tuul ByN COUNT'�, MN DEPUTY o 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL `q�iEgK0 NO. 5 6 7 A RESOLUTION GRANTINGA VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-420(b) FILE NO. 07-3318 WHEREAS, Stephen Hopkins Otto, a single person, (hereinafter "Owner") is the owner of the property located at 2185 Watertown Road within the City of Orono (hereinafter "City") and legally described as: The South one acre of the following described property: That part of the Northwest Quarter of Section 3, Township 117 North, Range 23 West of the 5th Principal Meridian described as follows: Beginning at a point on the North line of said Northwest Quarter distant 961.68 feet West from the Northeast corner of said Northwest Quarter; thence South parallel with the East line of said Northwest Quarter a distance of 396.18 feet; thence West parallel with said North line a distance of 247.55 feet; thence North parallel with said East line a distance of 396.18 feet to said North line; thence East along said North line a distance of 247.55 feet to the point of beginning. Hennepin County,Minnesota(hereinafter"the Property"); and WHEREAS,Anders Holm has made application on behalf of the Owner to the City for a variance to Municipal Zoning Code Section 78-420(b) to construct an addition to the house as close as 20 feet from the south property line when a 50 foot setback is required; 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 September 17, 2007, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File#07-3318. 2. The Property is located in the RR-1B zoning district, where 2 acres is the minimum lot area and 200 feet is the minimum lot width. The Property is approximately 1 acre in area and 248 feet in width. Page 1 of 4 o 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL `4kESII04NO. 5 6 7 3. The Planning Commission reviewed this application on September 17, 2007 and on a vote of 3 - 1 recommended approval of the variance, based on the following findings: a. The original part of the house was constructed around 1920, long before the adoption of any setback requirements. The house is currently as close to the south property line as 34 feet when a 50 foot setback is required. b. The addition would add a room to the house. This room is necessary to make reasonable use of the Property. There is no other location for this room. The basement ceiling height is less than required for habitable space. The internal arrangement of the house and the alternative septic system preclude its placement on the north side of the house. The existing septic system precludes reducing the amount of the variance by placing the addition farther from the property line. c. With the addition structural coverage would be 7.11 percent. d. The addition would be screened from the property to the south by significant trees which the Owner intends to preserve. 4. The City Council has considered this application including the findings 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 Owner but necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owner; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 4 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL SYi04�G NO. 5 h 7 CONCLUSIONS, ORDER 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 an addition to the house as close as 20 feet from the south property line when a 50 foot setback is required, subject to the following conditions: 1. Council approval is based on the site and house plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A. and B. Any amendments to these plans may require further Planning Commission and City Council review. 2. By separate document the Owner shall provide a conservation easement to guarantee preservation of the trees along the south property line. 3. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining a building permit for the new construction before October 8, 2008 or the variance will expire on that date. 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 Owner has read, understood and hereby agrees to the terms of this resolution and on behalf of his heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 8th day of October, 2007. Page 3 of 4 . o o CITY of ORONO AV ti RESOLUTION OF THE CITY COUNCIL �`9kES0 NO. ? 78 ATTEST: Z42;�� J, 1• �i Linda . Vqe. ' v er J es M. White, Mayor Ste ph opkins Otto STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ZV day of N 2007 by Stephen Hopkins Otto, a single person. Notary Public CHRISTINE M.MATTSON NOTARY PUBLIC-MINKSOTA 1 ah COM46W EO" 81,2009 Page 4 of 4 ZONING FILE NO.07-3318 EXHIBIT A- RESOLUTION NO. 5__6-78 CERTIFICATE OF SURVEY FOR HEINZ AND LIBBY OTTO IN THE NW 1/4 OF SEC. 3-117-23 HENNEPIN COUNTY, MINNESOTA 5 89.32'52" E 247.55 1 fal- u NxIll - \ r •. ANS' 4 N 89.32'52' W' '24755 - —pl7ero5CP_hpD17pN..ARIYEWyV•+ft1'Tlt ANa'r-p"' HWA,uw..:PrAv,'r K A.00V 4" L.o.l Dowholiod - Tlr Soum en.ae a da mwawq-d..omsd pmy.rly: �. Thin PM of the NWO.-.t Oi .eta-tim12:Taw"ft i t7 mom,Rrq.23 ww1 of me SM RIngW W-lio.na..G,lbwd WON—:9.pwwfp..t.•p.wd on the Nero, . rw a.rd Noro.wat owmrawro eer.6s Mt Wsdwenttlm Noidrrt earwrd' - ..m Nadn..N Ou~.lh.,o.Beth p.r U..WVwE.d Mo ni s WS NWW~ o,armr.dW.bpK.of 708.18 toot tn.n...WeR P11010wMh'a10 MOM line.dialm o. 0247.551oft:0no,ow dmtl rp�Fw18W yp.E.gdir. n d 71Q.18 m.l m..W Nero+On.;duneo E&M."WW North Was dfa.no.a 217.58 IW O me point of Two wvM'fiiow'INi�kotlon a(w aMtlnd b.u...n4:propd..d.ddlYen M nW.11on m n. above atn.above d..CnbW pnrp.ny.:n`dor na p.fpon'mym W~ . . bprw:n.ns e..nwwwrnu. o:dsrrom.imn'gmrb.n K.YI [il10®rV Ilrvwpr [rrt ��.nw '.Ieewb,enW wlYi.+.nw ras,nepwdMme w,rdr,w,drtnw /�LSL andlrrSne\e,rw.i. an wSardNMra. 1Wk S c—"NYwru twente!>rW.W" ff.IJ ZONING FILE N0.07-3318 EXHIBIT A - RESOLUTION NO. 6 7 8 ?9.45 32.42 64.11 I i I o - 1 � 1 �ax I I 4 p 0 `'p ei 2 0� yo- g L f o a CA IL 0 91i Z I r�� ' ti ! � 'y ZONING FILE NO. 07-33 18 EXHIBIT B- RESOLUTION NO. 67 (� li !! i i I I i II i I Iz Q� 'i wi - J• f w S (� H i I � i cff � II C V ' !I a \ ' ZONING FILE NO. 07-3318 EXHIBIT B5 6 7 0 Z RESOLUTION NO. � II N I I I O c II II � n If li �� 7 si v x� _O y I w � w s 0 z STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on October 8, 2007, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 16th day of October , 2007. Y. `►� - Q City Clerk