HomeMy WebLinkAboutResolution 5212 0 0
CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL lop, II04�G NO. 3 .
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 78-395 (B)
FILE NO. 04-3036
WHEREAS, James F. Brooks, a single person (hereinafter "the
applicant") is the owner of the property located at 3785 Watertown Road within the City
of Orono (hereinafter the "City") and legally described as follows:
That part of the Southwest Quarter of the Southwest Quarter of Section 32,
Township 118 North, Range 23 West of the 5th Principal Meridian described as
follows: Beginning at the Southeast corner of said Southwest Quarter of the
Southwest Quarter; thence north along the East line of said Southwest Quarter of
the Southwest Quarter a distance of 1197.83 feet to the centerline of Watertown
Road (formerly County Road 45); thence northwesterly along said centerline of
Watertown Road a distance of 118.8 feet; thence south and parallel to the East
line of said Southwest Quarter of the Southwest Quarter a distance of 1242.93 feet
more or less to the South line of said Section 32; thence east along the South line
of said Section 32, a distance of 109.1 feet to the point of beginning.
(hereinafter the"property"); and
WHEREAS,the applicant has made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-395 (B) to allow construction of an
attached two-car garage measuring 22' x 24' in front of the existing single stall garage, to
be located 12' from the east side lot line where a setback of 14.4' currently exists and 50'
is normally required.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#04-3036.
2. The property is located in the RR — IA zoning district, which requires a
minimum lot area of 5 acres, 300 feet of width, and 50 foot side yard
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL SI;ONO. 52-111
setbacks. The applicant's property contains 2.914 acres, 118.29 feet of
width, and a 14.4 foot eastern side yard setback.
3. The Planning Commission reviewed this application at a public hearing
held on July 19, 2004. The City Council reviewed this application at their
July 26, 2004 meeting and voted 3-2 for approval of a 12' eastern side
yard setback variance based on the following findings:
a. A garage wider than 20 feet should be allowed for storage of outdoor
equipment.
b. The height differentials within the driveway create the need for an
adequate driveway apron and turnaround access to pull out onto
Watertown Road.
c. The property contains a limited amount of buildable area.
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 applicant, but is
necessary to alleviate a demonstrable hardship or difficulty; is necessary to
preserve 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.
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 78-395 (B) to allow
construction of an attached two-car garage measuring 22' x 24' in front of the existing
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL` ZS130NO. 521
single stall garage and located 12' from the side lot line where a 50' setback is normally
required, subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicant 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.
2. Authorities granted by this resolution iLin with the property not with the applicant,
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 9, 2005).
3. 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.
4. The undersigned applicant has read, understood and hereby agrees to the terms of
this resolution and on behalf of the applicant and the applicant's heirs, successors
and assigns, hereby b to the recording of this resolution in the chain of title
agrees g
of the property.
Adopted by the Orono City Council on the 9`" day of August, 2004.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
()'Prperty Owner
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
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State of Minnesota )
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County of Hennepin )
This instrument was acknowledged before me this day of vacrs '- , 2004
by James F. Brooks.. a single person.
DENISE MWOTARY .IESKINEN
pUBUC.MWNESOTA r-
aa nExpjresJan.31,2005 Notary Public
CMMISSW
MY
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)F SURVEY FOR EXHIBIT A 5211,
BROOKS
1 /4 OF SEC. 32- 118- 23
NTY, MINNESOTA
APPPt V F-D 6M-Aa E:
22' x. 2-14'
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HOUSE DETAIL
1I = 201 SCALE