HomeMy WebLinkAboutResolution 4104 F
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,4 im G~ RESOLUTION OF THE CITY COUNCIL
<�kESHO�� NO. 14 2 0 . e
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.27, SUBDIVISION 5 (B)
FILE #2379
WHEREAS, Deborah M. Sholl (hereinafter "the applicant") is owner of the
property located at 4100 Watertown Road within the City of Orono (hereinafter "City") and
legally described as follows:
Exhibit A attached (hereinafter "the property"); 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 June 15, 1998, at which times all persons desiring to be
heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.27, Subdivision 5 (B) to permit an amendment to a variance for front
yard setback to allow construction of a three season porch to be located 75' from the right-of-
way boundary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2379.
2. The property is located in the RR-1A Zoning District, where 5 acres is the
minimum lot area. The property consists of 30.46 acres.
3. The Planning Commission reviewed this application on June 15, 1998, and
recommended approval on a vote of 7 to 0.
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RESOLUTION OF THE CITY COUNCIL
\ES NO. 4 1 0
4. The Planning Commission made the following findings of fact:
A. The property meets the minimum lot area requirements for the RR-1A
Zoning District.
B. The existing residence was a farm house constructed in 1900. The
residence was built before the 100' front yard setback requirement.
C. A variance was previously granted for front yard setback in 1997
(Resolution No. 3989).
D. The proposed porch will not interfere with views from adjacent property
or adversely impact traffic.
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.
6. 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. -
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit
amending a front yard setback variance granted in Resolution No. 3989 to include a three
season porch to be located 107' from the center of Watertown Road and approximately 75' from
the right-of-way boundary where 100' is required. Approval was subject to the following
conditions:
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ON.
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CITY of ORONO
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• 0 RESOLUTION OF THE CITY COUNCIL
�ESxog' NO. 4 1 0 4
1. Authorities granted by this variance run with the property not with the
applicants, 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 22, 1999).
2. 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.
3. The undersigned applicant has read, understood and hereby 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 22nd day of June, 1998.
ATTEST:
Xn-e(e• I
Linda S. Vee, City Clerk Gabri-1 Jabbour, Mayo
. CA) C
Property Owner(s)
STATE OF MINNESOTA ) -
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 22nd day of June,
1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
'
TM, JAMIE L.GEMAR 1\1: ary Public
•
P NOTARY PUBLIC-MINNESOTA S
•E` . ' HENNEPIN COUNTY
' • My Commission Expires Jan.31,2000 1
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this , Al, day of , ,_ a---6- , 199 before me a Notary Public within and
for said county, personally ap ared 1 - - ---L_ Irv. ., f �:,,,.,,
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.
`{ ... JAMIE L GEMAR ti A
;`a' ``• NOTARY PUBLIC-MINNESOTA kNOT PUBLIC
• HENNEPIN COUNTY
•,..••'• My Commission Expires Jan.31,2000
rr.�..rrr��rrrlr,,,i�-�lr�rlir
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this (c''' day of act--ti--,,- , 199 ' before me a Notary Public within and
for said coup ersonall a ed 1 .1.C�N.�_ L A---6-44:11 4/4 -'�- G�-
tY, personally PP � � �
known to me to be the person(s) described)irr rand \Aio..executed the foregoing instrument, and
acknowledged that he (they)executed the same as his (their) free act and deed.
- 4; ( /'jam
-. ••_. JAMIE L.GEMAR �, NOTARY PUBLIC >
NOTARY PUBLIC-MINNESOTA -
S s.
.% •r HENNEPIN COUNTY
•,..••. My Commission Expires Jan.31,2000
..r .irrrff./rr�WW.r�f./r111�
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DESCRIPTION FOR PARCEL "A": RESOLUTION NO. 4104
The south 7.50 acres of the East Quarter of the Northeast Quarter of Section 31,
Township 118, Range 23, Hennepin County, Minnesota.
AND
That part of Tie West Half of the East Half of the Northeast Quarter of said Section 31,
described as follows:
Beginning at the Northwest corner of the south 7.50 acres of the East Quarter of
the Northeast Quarter of said Section 31; thence north along the east line of said West
Half of the East Half of the Northeast Quarter a distance of 264.00 feet; thence West
parallel with the south line of the Northeast Quarter of said Section 31, a distance of
165.00 feet; thence South parallel with the east line of said West Half of the East Half of
the Northeast Quarter to the centerline of the Watertown Road; thence Southeasterly
along said centerline to the east line of said West Half of the East Half of the Northeast
Quarter; thence north along said line to the point of beginning.
DESCRIPTION FOR PARCEL "B":
That part of the south 1081.46 feet of the West Half of the East Half of the Northeast
Quarter of Section 31, Township 118, Range 23, Hennepin County, Minnesota, that lies:
1) East of the west 33.000 feet of said West Half of the East Half of the Northeast
Quarter.
2) Northeasterly of the centerline of Watertown Road. EXCEPTING therefrom that
part thereof described as follows:
peginning at the Northwest corner of the south 7.50 acre of the East
Quarter of the Northeast Quarter of said Section 31; thence north along the east
line of said West Half of the East Half of the Northeast Quarter a distance.of
264.00 feet; thence west parallel with the south line of the Northeast Quarter of
said Section 31, a distance of 165.00 feet; thence South parallel with the east line
of said;West Half of the East Half of the Northeast Quarter to the centerline of the
Watertown Road; thence Southeasterly along said centerline to the east line of
said West Half of the East Half of the Northeast Quarter; thence north along said
line to the point of beginning.
DESCRIPTION FOR PARCEL "C":
That part of the East Half of the south 27.50 acres of the West Half of the East Half of
the Northeast Quarter of Section 31, Township 118, Range 23, Hennepin County,
Minnesota, that lies north of the south 1081.46 feet of the West Half of the East Half of
said Northeast Quarter.
ThD
at part of the West Quarter of the South 3/8 of said Northeast Quarter that lies north
df the south 1081.46 feet of the West Half of the East Half of said Northeast Quarter.
D
That part of the south 1081.46 feet of the west 33.00 feet of the West Half of the East
Half of said Northeast Quarter that lies northerly of the centerline of Watertown Road.
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