Loading...
HomeMy WebLinkAboutResolution 6210 O O CITY of ORONO RESOLUTION OF TbH 2 I COUNCIL G� NO. �9kE1 0 S 0g� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-395 FILE NO. 13-3592 WHEREAS, Brian Butterfield and Judith Butterfield, a married couple (hereinafter "the Applicants") are the owners of the property located at 3955 Watertown Road within the City of Orono (hereinafter the "City") and legally described as follows: That part of the Northwest Quarter of the Southwest Quarter of Section 32, Township 118 North, Range 23 West of the 5t' Principal Meridian described as follows: Commencing at a point on the West line of said Section 32, distant 878.60 feet south of the Northwest corner of the Southwest Quarter of said Section 32; thence east and parallel to the North line of said Southwest Quarter a distance of 100.81 feet to a point which is the actual point of beginning of the tract of land to be described; thence a left deflection of 10 degrees 57 minutes from aforesaid East line, extended a distance of 339 feet, more or less, to the center line of County Road 45; thence northwesterly along said centerline of road to a point distant 313 feet southeasterly from a point on the West line of said Southwest Quarter, distant 304.6 feet south of the Northwest corner thereof; thence southwesterly a distance of 147.4 feet to a point distant 100.81 feet east of the West line of said Southwest Quarter and distant 284 feet north of the actual point of beginning; thence south to the actual point of beginning, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-395 to allow construction of a new residence on an existing lot 1.50 acres (65,332 square feet) in area and 370 feet in width where 5 acres (217,800 square feet) in area and 300 feet in width are normally required; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-395 to allow a 50-foot front setback where a 100-foot setback is normally required; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-395 to allow a 68.2-foot rear setback where a 100-foot setback is normally required in conjunction with the construction of a new residence; and Page 1 of 5 1 l I II' I WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on February 19, 2013 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 13-3592. 2. The Property is located in the RR-1A Rural Residential Zoning District which requires a minimum lot area of 5 acres and a minimum lot width of 300 feet. 3. The Planning Commission reviewed this application at a public hearing held on February 19, 2013 and with a 5 to 0 vote recommended approval of the requested variances based on the following findings: a. The Property contains 1.50 acres (65,332 square feet) in area and has 370 feet in width along Watertown Road. b. There is an existing home on the Property which was built in approximately 1957. c. There is no additional land available to bring the lot area into conformity. d. The topography, septic treatment locations and shape of the Property creates a practical difficulty for locating the home in a conforming location. e. The Applicants' request will alleviate a practical difficulty inherent to the Property and not created by the Applicants. f. The Applicants' request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. g. The Applicants' request is in harmony with the purpose and intent of the ordinance. Page 2of5 I I I I i l h. The Applicants have demonstrated that enforcing the front and rear setbacks, and lot area provisions of the Zoning Ordinance deprive the Applicants of the reasonable use of their Property. 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 practical 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 to allow construction of a new residence on an existing lot 1.50 acres (65,332 square feet) in area and 370 feet in width where 5 acres (217,800 square feet) in area and 300 feet in width are normally required; a variance to Orono Municipal Zoning Code Section 78-395 to allow a 50-foot front setback where a 100-foot setback is normally required; and a variance to Orono Municipal Zoning Code Section 78-395 to allow a 68.2-foot rear setback where a 100-foot setback is normally required in conjunction with the construction of a new residence subject to the following conditions: 1. Council approval is based on the survey and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to the plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The Applicant's building permit survey and plans shall address all of the City Engineer's comments and recommendations. 3. The home plans submitted are for the purpose of hardcover review. The construction plans and survey submitted for building permit will be reviewed for conformance with Orono's building height and number of stories calculation. Page 3 of 5 1 I i I I I I I i O O CITY of ORONO r1 D„ RESOLUTION OF THE CITY COUNCIL NO. 6210 Og�G SYi 4. 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 and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (March 11, 2014). 5. 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. The undersigned Applicants have read, understand 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 the 11th day of March, 2013. ATTEST: Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Page 4of5 i II I it i j i i i I O O CITY of ORONO �+ RESOLUTION OF THE CITY COUNCIL NO. 6 2 1,-0 SH0 Fl�rerttSmne­r(sO STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this X13 day of 2013, by Brian Butterfield, husband of Judith Butterfield. ,1 MONICAA.FADNESS c51 NOTARY PUBLIC-11WESOTA Notary Public W Commission Expires Jan.31,2017 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 1 day of 4ttll-e— 204, by Judith Butterfield, wife of Brian Butterfield. 'r MONICAA.FADNESS r- NOTARY PUBLIC-MINNESOTA ` W C0mmM0n ExpuesJan.31.2017 Notary Public Page 5 of 5 �I Ii l I �I r j i i \ Resolution \ Exhibit A J IN-THE SY ............... \ 6 2I�I (kNEP. LEGAL \ I 6'p That pa Range 2 41 "'w.,c°" I West lin Quarter a distor Arsir EOF aoAo \ to\ d TRAVELED tisTRAVELEDextenn der o p pointint or or corner ' te82-, east of of begir \ \ \ 4 PRDPOSED �^ , o DRIVEWAY ^Rrr�%, S7 •'9 n SAS —217 This sul 1 ••• '�-••yu•-'-' .. �\ \ � .J location the pro ?\ PRQRQ.SED \ \ thereon, —,GOP— ........... ...... \ HOUSE am t \ \ \\ ? \ X13955 TT rF+ur\ \ \ \\ \\os \ \ AN OVN.Be ATH \ sSaur°CQ K°CLOT. 1 ATN TO Ty£•, \ jtn \ \ /may \ , � 1•�"" � \\ \/ a�mss\ �/`J..1 .� 140.12.•" \ . • ........ ...-.... S -79 i .•..................... ,.�� i �i .. ��� ...... ....:.......�; SaWOH amid M.N�JlS30'4 9tlldcjp �.,.au�aon ma�� 'dd'0 Resolution Exhibit B 6 2TO a 4 = i Imo"z i1 9 i } . la �1 r YI qYC E ills. EB e i i pl 011 z O i o at Y� y e w f- Z Oc Z I L t k 0 ~t 1 Jk9 l y 4 i i �, == aI-�Ilillillli�� gN NJI330 4��NrNVId � w.uauoxan®��+ 'd•d•a i� •�a.awrv.nuno �90 9d� His,--------------- o r-------------------, I I I I I I €---- ol a I I I I I ►H _..j I �. I Ita9 E'p I i Dili I I I I I ____-______ N L 1 I I L: I TJ I I L J 1 LrsJ�E! I I � •` r I I I jwa 8'4CeeiKil4 �♦ I I � Etl a+ ♦I I w ��� I I II I e I k yy� y 1 I I a.�ppyCy I x I I Q i I I I I E� ii 1 I a9 t t-t- I I - - a I ii I il� Lw.w w R01830 7.J.NWNNVwIda rnax.o�iannel w ..'r t' I I I I I I I I I 't Y 1 � IN ! y3 a: a6 � a L � Iw M Ly i tl I 1i A • j 1 � y 1 ® € Y Y b t Y �d a �y e:esaa ssaa�aae�ae:aa i M I 4 9= C = J � I m `" J � I ii f 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 March 11, 2013, 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 1-7t day of , 2014. City Clerk k 4 9i b` 1 i I I I i i I �� Doc No A10092333 Certified, filed and/or recorded on Jun 27, 2014 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McMormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 42 Pkg ID 1125462M Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document.