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HomeMy WebLinkAboutResolution 5003 � .9 \ IN THE S 03 2-70" , Nfla�4a11-_ iso S 7�=$ey✓'73r�"" --------84---------- Z O W o r 1 UI / N O O m CO!°i I � • I m I PROPOSED ELEVATI( oI 1) Garage m ►.1 I 2) Top of founds I3) Basement e La I j TRACT 1 i 0 I I Z LEGAL DESCRIPTI( 40) Tract 1 o That part of the I Township 118, Re CA w Cam-encin9 at tl i N O Quarter; thence v W along the South distance of 149 a distance of 6 described; then 446.69 feet to io South 67 degree of 179.17 feet- of 1031.03 feel Quarter; thence South line, a d I40 seconds West Tract 2 Irn That Part of th Township 118, F " IOA Commencing at I Quarter; thence along the Soutf distance of M described; ther 654.94 feet; t l of 654.04 feet Quarter; thence South line, a � I Io : denotes i I (90.8): denotes e 4V I 91-----•: denotes e Bearings shown I, I This survey in w sw 1/4 and the propos �2-ne-23 I I to show any of I NOTE Legs[ _ doted 1-26-90. 1 196.51 the West 392.5 +—•nnt '— �• �~ �,. -- _ is the underlt Y O, O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL `�kESIi0gNO. ti0 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.27 SUBDIVISION 5(B) -FILE NO. 03-2908 WHEREAS, Ned L. Butterfield and Lorna L. Butterfield, husband and wife, (hereinafter"the applicants")are the owners of the property located at 3745 Watertown Road within the City of Orono (hereinafter the "City") and legally described as follows: (Exhibit A,attached) (hereinafter the "property"); and WHEREAS,the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 10.27, Subdivision 5(B)to allow construction of a new residence on a lot 4.84 acres in area and 185'in defined width where a lot area of 5.0 acres and lot width of 300'are normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#03-2908. 2. The property is located in the RR-lA Rural Residential Zoning District, which requires a minimum lot area of 5.0 acres and minimum lot width of 300'. The area of the property is 4.84 acres (210,739 s.f.) and defined lot width is 1851. 3. The Planning Commission reviewed this application at a public hearing held on June 16, 2003 and recommended approval of the lot area and lot width variances, based on the following findings: a) No additional land is available for acquisition by the applicants to make the property conforming in area or width. Page 1 of 5 o, 0 0 ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL 9kESI30 NO. 5003 b) A single family home existed on the property in a non-conforming location for many years prior to its destruction by fire earlier this year. C) The proposed new residence on the property will be located to meet all required setbacks and will make use of the existing septic system which was recently constructed to serve the house which was destroyed. 4. 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 public,and the effect of the proposed variances 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 variances 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, ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 10.27,Subdivision 5(B)to allow construction of a new residence on a lot 4.84 acres in area and 185'in defined width where a lot area of 5.0 acres and lot width of 300' are normally required, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant, attached to this Resolution as Exhibit B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. All other standards of the RR-1A zone shall be met by the new residence. 2. Prior to issuance of moving/building permits for the new residence, applicant shall submit an acceptable grading plan for the site, and shall confirm that the existing septic system has the capacity for the size home being moved in. Page 2 of 5 ©,�. O O A- CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5003 3. Applicants shall eliminate all non-residential uses on the property such as commercial storage, etc. unless such uses are allowed by CUP or license, in which case the proper approvals shall be obtained if applicants wish to continue those uses. The applicants are advised of limitations on continued commercial greenhouse use of the property, given that the conditional use permit for such use which previously existed is no longer in effect. 4. Due to past concerns with commercial storage,on the site,applicants are advised to eliminate any non-residential uses of the property absent appropriate permits, and are advised to eliminate the clutter and debris on the property and maintain the property in a manner that will match the character of this rural residential neighborhood. 5. 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(June 23, 2004). 6. 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. 7. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' 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 23rd day of June, 2003. ATTEST: fl�°L -�-{c�\ Linda S. Vee, City Clerk Barbara A. Peterson, Mayor r P operty caner s) Page 3 of 5 0 0 �. CITY of ORONO RESOLUTION OF THE CITY COUNCIL �kES80 N0. 5 U 0 a`3 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ),3 day of`.a i,,� ,2003 by Barbara A. Peterson,Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 4 4- RUC-M��i�l ' Not Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this gIday of 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. RACHEL DODGE Not Pu NOTARY FUBLIc-Niivt<'. "QTA Notary b11C ?: v'y Co-nmisston Expires Jan.:;?,2005 Page 4 of 5 01 . O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL `�kESI;0 N0. 5003 STATE OF MINNESOTA COUNTY OF HENNEPIN On this 0:!Nay of gJ u�r-Q_�- , 2003, Alt&-e4 fied( M 444'-O d personally appeared before me, who is personally known to me !, Y" whose identity I proved on the basis of J )&U'-e j xica-A. � whose identity I proved on the oath/affirmation of a credible witness ' and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. (Arm EAR^,":r A G. SILUSd tloTn ,,11N ESOTA wgrCortur�:s_.1(:r,ut;:2n 31,2008 otary Public STATE OF M NNESOTA COUNTY OF HENNEPIN On this Lf—day of , 2003,_ t t rr?e, L, 6 u f 4�r 7(;,e I c/ personally appeared before me, who is personally known to me r/ whose identity I proved on the basis of whose identity I proved on the oath/affirmation of a credible witness ' and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. UNDA S.VEE / PUBLIC MNMN W W MWE*WJan.31.2005 Notary Public Page 5 of 5 1� so03 LEGAL DESCRIPTION OF PREMISES Tract 1 That part_ of the Southeast Quarter of the Southwest Quarter of Section 32, Township 118, Range 23, Hennepin County, Minnesota, described as follows: Commencing at the Southwest corner of said Southeast Quarter fo the Southwest Quarter; thence South 89 degrees 54 minutes 36 seconds East , assumed bearing, along the South line of said southeast Quarter of the Southwest Quarter , a distance of 149.03 feet ; thence North 03 degrees 14 minutes 50 seconds East , a distance of 654.94 feet to the actual point of beginning of the tract to be described; thence North 03 degrees 14 minutes 50 seconds East, a distance of 446.69 feet to the centerline of Watertown Road (County Road No. 6); thence South 67 degrees 13 minutes 56 seconds East, along said centerline, a distance of 179. 17 feet ; thence South 00 degrees 54 minutes 40 seconds East , a distance of 1031 .03 feet to the South line of said Southeast Quarter of the Southwest Quarter ; thence North 89 degrees 54 minutess 36 seconds West , along said South line, a distance of 196.51 feet ; thence North 00 degrees 54 minutes 40 seconds West , a distance of 654.04 feet to the point of beginning. Tract 2 That part of the Southeast Quarter of the Southwest Quarter of Section 32, Township 118, Range 23, Hennepin County, Minnesota, described as follows Corrmencing at the Southwest corner of said Southeast Quarter of the Southwest Quarter ; thence South 89 degrees 54 minutes 36 seconds East , assumed bearing, along the South line of said Southeast Quarter of the Southwest Quarter , a distance of 149.03 feet to the actual point of beginning of the tract to be described; thence North 03 degrees 14 minutes 50 seconds East, a distance of 654.94 feet ; thence South 00 degrees 54 minutes 40 seconds East , a distance of 654.04 feet to the South line of said Southeast Quarter of the Southwest Quarter ; thence North 89 degrees 54 minutes 36 seconds West , along said South line, a distance of 47.50 feet to the actual point of beginning. NOTE Legal descriptions are from a survey by Westwood Professional Services dated 1-26-90. The East line of Tract 1 should have referenced the East line of the West 392.98 feet of the Southeast Quarter of the Southwest Quarter , which is the underlying legal description of this parcel . Y F` � J