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Home My WebLink AboutResolution 3989 Pt gv 0.il . O O ==\ IA ` : �, CITY of ORONO t6 spi I�; �c RESOLUTION OF THE CITY COUNCIL 9kESHO4 NO. 3 9 8 9 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 5(B), FILE NO. #2304 WHEREAS, Deborah Sholl (hereinafter "the applicant") is the owner of the property located at 4100 Watertown Road within the City of Orono (hereinafter "the City") and legally described as follows: see Exhibit A for the legal description of the property (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.27, Subdivision 5(B) to permit the construction of an attached garage and additional living space addition to the rear of the existing residence. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2304. 2. The property is located in the RR-1A Single Family Rural Residential Zoning District requiring five acres in area. The property consists of 1,326,837 s.f. or 30.46 acres. 3. The Orono Planning Commission reviewed this application on October 20, 1997 and recommended approval of the proposed variance based upon the following findings: 1. The existing residence is located entirely within the required 100' front setback as measured from the edge of the street. Page 1 of 5 O O to- _ CITY of ORONO Al Cit VS1.0 .1 G RESOLUTION OF THE CITY COUNCIL • 9kESH040' NO. 3989 2. The proposed addition would not further encroach on the required front setback requirement. 3. Watertown Road is unplatted. The front property line follows the center line of the street. The existing residence is 86' from the center of the street and 55' from the edge of the pavement. The required 100' front setback is measured from the edge of the street. 4. 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. 5. 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 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 allow a front setback variance of 5' to permit the construction of an attached garage and living space to the rear of the existing residence located 95' from the edge of the street where 100' is required and 55' is existing. Approval was subject to the following conditions: 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 (October 27, 1998). 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically Page 2 of 5 4iPt) 0 4,. 0 0 ==�A N.4 CITY of ORONO t I,ip.017.1 �0 RESOLUTION OF THE CITY COUNCIL 9kESHOg' NO. 3 9 8 9 terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of October, 1997. AT ' ST: -,.:/ /h, A / G1111-.0 Dorothy M. ' ' n, City Clerk Gabri Jabbour, Mayor CC-r,an.4- 11 lir' Property Owner ( ) i;r2Y ' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of October, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. V.+r/J!/J/,-,,,,,,, .--. _iii....., JAMIE L GEMAR ,) {�, `' NOTARY PUBLIC-EMAR TA 1 • ?e.: HENNEPIN COUNTY 1 N Public •,.. • *Commission 6vires Jan.31.2000 `\ Page 3 of 5 4?‘‘ 0 4t O O 4 CITY of ORONO �� 4;^iM� �Oti RESOLUTION OF THE CITY COUNCIL • 910ES1104' NO. 3 9 8 9 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 4,4th day of C Qt,4,t , 199 7 before me a Notary Public within and for said county, personally appeared `Th ...L_1( .4-71-z - 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. ll JAMIE L.GEMAR r � c�di./6127-4-A--) = �� NOTARY PUBLIC-MINNESOTA � ... i'.' HENNEPIN COUNTY ti N T¢�RY PUBLIC MY Caiunlsaian Expires Jan.31,2000 '✓ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ,,;>9f', day of (D) (--)fje, , 199 /1 before me a Notary Public within and for said county, personally appeared J e ri,y J 5h e 11, rrnetrr►'ed 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. ll ' CAROLE A.HASEMAN ,ll S :' NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY eaA...e-ede--i l ilt_d_wid--A-/ My Commission Expires Jan.31,211C0 " NOTARY PUBLIC >- Page 4 of 5 O O o- C ITY of ORONO \ 3149 ; RESOLUTION OF THE CITY COUNCIL • 9kESH04 NO. 11 9 8 9 PROPERTY DESCRIPTION OF RECORD AS SUPPLIED BY FRANK KOKESH IN 1988: PARCEL t: The south 7.50 acres of the East Quarter of the Northeast Quarter of Secpart on he, Half 118 North, ange West of the ethst Paof the and that part of the East Half of the south 27.50 acres of the West Half of East Half of the Northeast Quarter lying north of the Watertown Road described as: 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 East Half of the South 27.5 acres of the West Half of the East Halt of the Northeast Quarter a distance of 264.00 feet; thence West parallel with the north line of the South 7.5Q acres of the East Quarter of the Northeast Quarter a distance of 165.00 fee;thence South parallel with the aforementioned East line to the centerline of Watertown Road;thence Southeasterly along said centerline to it's intersection with the West line of the south 7.50 acres of the East Quarter of the • Northeast Quarter,thence North along said line to the point of beginning,according to the ' United States Government Survey thereof and situated in Hennepin County,Minnesota. PARCEL 2: The West Quarter of the South 3/8 of the Northeast Quarter of the Northeast Quarter,and that part of the West Quarter of the Soytheast Quarter of the Northeast Quarter tying north of the centerline of the Minneapolisrnd Watertown Road,in Section 31,Township 118,Range 23, I EXCEPT,That part of the West one-fourth of the Southeast Quarter of the Northeast Quarter, Section 31, Township 118. Range 23, described as commencing at the intersection of the centerline of the Watertown Road with a line 35 feet west of.measured at right angles,to and parallel with the east line of said West one-fourth of the Southeast Quarter of the Northeast Quarter;thence North,parallel,with said East line,a distance of 135 feel;thence East,at right angles,a distance of 35 feet to the point of beginning; thence West.at right angles to saw East line,a distance of 70 feet;thence South parallel with said East line, to the centerline of said road;thence Southeasterly along said centerline,to the East line;thence North,along said East line to the point of beginning, • according to the United States Government Survey thereof and situated In Hennepin County,Minnesota PARCEL 3: That part of the East Half of the south 27150 acres of the West Half of the East Half of the Northeast Quarter tying north of the Minneapolis and Watertown Road described as beginning at the Northwest corner of the south 7.50 acres of the East Quarter of the Northeast Quarter of Section 31,Tcwns lip 118,Range 23;thence North along the east line of said East Half of the south 27.50 acres of the West Half of the East • Half of the Northeast Quarter a distance of 264.00 feet to the actual point of beginning of land to be described;thence continuing North along the east line of said East Half of the south 27.50 acres of the West Half of the Eas!Half of the Northeast Quarter to the Northeast corner thereof;thence West along the north line of the south 27.50 acres to the West line of the East Half of the Northeast Quarter;thence Southerly on the west hne of the East Half of the Northeast Quarter of the centerline of the Minneapolis and Watertown Road;thence Southeasterly along said centerline to its intersection with a line drawn 165.00 feel west of the west line of the South 7.50 acres of the East Quarter of the Northeast Quarter;thence North parallel with and 165.00 feet west of the west line of said south 7.50 acres,616.98 feet to a point 165.00 feet west of the actual point of beginning; thence East 165.00 feet to the actual point of beginning,according to the United States Government Survey thereof and situated in Henncpin County,Minnesota. PARCEL 4: That part of the West one-fourth of the Southeast Quarter of the Northeast Quarter, Section 31, Township 118, Range 23. described as commencing at the intersection of the centerline of the Watertown Road with a line 35 feet west of,measured at right angles to.and parallel with the East line of_n.d West one-fourth of the Southeast Quarter of the Northeast Quarter;thence North,pa,ailel with said East line,a distance of 135 feet;thence East,at right angles,a distance el 3 i:cu;:o lin^pulnt ofle ginning;.. , • thence West.al right angles to said East line.a d,;'a1ce of 70 feet;thence South 1wallei with said East line,to the centerline c!said roar,thence Southeasterly,along said centerline,to=aid Cast line;thence North,along sari East line,to the point of beginning. according to the United States Government Survey thereof,and situated In Hennepin County.Minnesota.