HomeMy WebLinkAboutResolution 4791 ,„„
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A RESOLUTION APPROVING VARIANCES
TO MUNICIPAL ZONING CODE SECTION 10.27,
SUBDIVISION 5(B) AND SECTION 10.03, SUBDIVISION 9
FILE NO. 02-2762
WHEREAS,Timothy Sweezo and Mary Sweezo,(hereinafter"the applicants")are
owners of the property located at 4480 Watertown Road within the City of Orono (hereinafter"the
City") and legally described as follows:
Exhibit"A"attached,Hennepin County,Minnesota(hereinafter"the property");and
WHEREAS, the applicants have applied for variances to Municipal Zoning Code
Section 10.27, Subdivision 5 (B) to permit a new house to be constructed on the property with a
defined lot area of 1.44 acres where 5 acres is required in the zoning district,to permit a side setback
of 42.27' where 50' is required,and to permit a front setback of 53.6' where 100' is required;and to
Section 10.03, Subdivision 9 to permit accessory buildings to remain on the property absent a
principal building; 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 April 15,2002,at which time 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#02-2762.
2. The property is located in the RR-1A, Single Family Lakeshore Residential Zoning
District where 5 acres is the minimum lot size.
3. The Planning Commission reviewed the application for variances and recommended
approval by a vote of 4 to 3 based on the following findings and hardships:
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
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A. The property has been used for single-family residential use since
approximately 1900. The property also has a recently installed(1998)septic
system and has demonstrated a future septic site for the size of house that is
proposed on the property.
B. The preferred alternative would be to build a new house conforming to
required setbacks. However due to a number of property acquisitions by
Hennepin County to allow improvements and realignment of County Road 6
the size of the property has been reduced. The most recent acquisition in
1998 has also reduced the front yard setback for the existing house.
C. A large wetland area on the property has reduced the overall lot area from 4.0
acres to a dry buildable area of less than 1.5 acres. The property is located in
the RR-1A district requiring a minimum lot size of 5.0 acres and also applies
setback standards for lots assuming a lot area of 5.0 acres. The required
setbacks in the district are 100' front and rear yard and 50' for a side yard.
This building area of this property has further been reduced by the 26'
required setback to the wetland.
D. The proposed house would be built meeting the setbacks currently met by the
existing house.
E. The location of the septic drainfield site 20' from the north end of the house
and the well at the southeast end of the house restricts any possible
movement of the building based on the design of the house submitted by the
applicants.
F. Accessory buildings are required to be removed from a property when a
principal building is removed. The property contains a barn that is
approximately 115 years old and a pole barn (garage/workshop) that are
classified as oversized accessory buildings. The variances are justified by the
fact the buildings were built on the property prior to existing zoning
regulations,and the barn did meet the minimum required setbacks prior to the
most recent acquisition of property to expand the County Highway.
G. The granting of variances to permit accessory buildings to remain on the
property does not change the status of the buildings as legal non-conforming
structures. They are allowed to remain on the property until such time they
have reached the end of their useful life. The Orono Zoning Ordinance
addresses improvements allowed to non-conforming structures. Such
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structural repairs shall not exceed 50%of their assessed value at the time they
became non-conforming. The buildings are allowed only general cosmetic
repair.
H. The property has been used as hobby farm for many years. Currently, the
property has 2 cows and several chickens. At such time the property is no
longer used as a hobby farm such use shall cease and use of the property shall
be in conformance with the provisions of the zoning ordinance. The existing
use is legal non-conforming since the property is not large enough to harbor
animals.
I. Allowing the house to be located as proposed in the plan would not change
the character of the property or locality. A mature wooded area is located
between the house and County Road 6. Moving the house to the center of the
property would expose the house to County Road 6.
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 will 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 renewal
variances to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit a new house to be
constructed on the property with a defined lot area of 1.44 acres where 5 acres is required in the
zoning district,to permit a side setback of 42.27' where 50' is required,and to permit a front setback
of 53.6' where 100' is required; and a variance to Section 10.03, Subdivision 9 to permit accessory
buildings to remain on the property absent a principal building subject to the following conditions:
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CITY of ORONO
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1. The property shall be developed in conformance with the site plan attached to this
Resolution as Exhibit B.
2. The granting of variances to permit accessory buildings to remain on the property
does not change the status of the buildings as legel non-conforming structures. They
are allowed to remain on the property until such time they have reached the end of
their useful life. The Orono Zoning Ordinance only permits improvements to non-
conforming structures when such improvements do not exceed 50%of the assessed
_value at the time they became non-conforming. The buildings are allowed only
general cosmetic repair.
3. Authorities granted by the variances 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 these variances will expire on that date
(April 22, 2003).
4. Violation of or non-compliance with any of the terms and conditions of the variances
shall constitute a violation of the zoning code, shall automatically terminate any
authority granted herein, and shall be punishable as a misdemeanor.
5. The undersigned owners have read,understand 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 22nd day of April, 2002.
ATTEST:
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Linda S. Vee, City Barbara A. Peterson, Mayor
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Applicants ,/
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 22nd day of April,2002 by
Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
Notary Public 1 ` l_rl, //-i_ _--
. .g J•CKIE YOUNG
'+ NOTARY PUBLIC-MINNESOTA I
STATE OF MINNESOTA �.� Ccr.^misicnEarir:.;,
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this ` XJ" day of
it f-Df/ / , 200 ,- 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.
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
r
On this a day of rviCt _i , 200a,T 4op-h�, §t f1 �,�J SWe€zo 1 f ri ec
personally appeared before me, J J
who is personally known to me
/ whose identity I proved on the basis of 'MN IJi-
whose identity I proved on the oath/affirmation , 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.
Ltd �(
^ } RACHEL DODGE
NOTARY PUBLIC-MINNE^OTA Notary Public
- My Commission Expires Jan.31:2035
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� EsK_� NO. 4791
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this day of ,20_,
personally appeared before me,
who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation , 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.
Notary Public
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Exhibit A
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LEGAL DESCRIPTION
That part of the East 582 feet of the East one half of the Northwest quarter of Section 31,
Township 118,North, Range 23, West of the 5th Principal Meridian, lying North of the
centerline of County Road No. 6, and South of a line described as follows: Commencing
at the Northeast corner of said Northwest quarter;thence South aloof ngt e eEaast e bine es of said
Northwest quarter a distance of 1137 feet to the point of beginning
described;thence deflecting right 90 degrees to the West line of said East 582 feet, and
there ending. _
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