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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 78-420(B)
FILE NO. 05-3157
WHEREAS, Sara Moos, a single person (hereinafter "the applicant") is
the owner of the property located at 2160 Webber Hills Road within the City of Orono
(hereinafter the"City") and legally described as follows:
Lot 2, Block 2, Webber Hills, Hennepin County, Minnesota (hereinafter
the "property"); and
WHEREAS, the applicant has made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-420(B) to allow a front yard
setback of 43.9' where 50' is required and 44.4' currently exists in order to construct
additions to the existing home consisting of a 12' westward addition of the existing
footprint and a 2"d story addition above portions of the existing home.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 05-3157.
2. The property is located in the RR-1B, Zoning District which requires a
minimum lot area of 2 acres and a minimum lot width of 200'.
3. The Planning Commission reviewed this application at a public hearing
held on October 17, 2005 and recommended approval of the front yard
setback variances for the home additions based on the following findings:
a. The applicant's property is 1.05 acre in area and 180' in width.
b. There is no additional land available for acquisition by the applicant to
make the property conforming.
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c. The proposal will not have a negative impact on light, air or open
space within the neighborhood.
d. The proposed additions are not out of character for the immediate
neighborhood.
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 78-420 (B) to allow a front
yard setback of 43.9' where 50' is required and 44.4' currently exists in order to construct
additions to the existing home consisting of a 12' westward addition of the existing
footprint and a 2nd story addition above portions of the existing home, 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 run 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 (November 14, 2006).
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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 agrees to the recording of this resolution in the chain of title
of the property.
Adopted by the Orono City Council on the 14th day of November, 2005.
ATTEST:
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Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
K(...COS
Property Owner
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'\....,,,,,I.: CITY of ORONO
4, 1,i , .4,. el RESOLUTION OF THE CITY COUNCIL
ikES-0.04 NO.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this V day of
`4�; ;v-,1:w t, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
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RACHEL DODGE �
n �} Notary Public
; 'C t'.- NOTARY PUBLIC-MINNESOTA
t`si 1 `,
� w.,;;,, , My Commission Expires Jan.31,2010 �;
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 21='tday of
l'..;,,t.-„,0,-;', 2005 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.
RACHEL DODGE 1' a- t. ,� ' : c _
NOTARY PUBLIC-MINNESOTA :,
;,,,;. My Commission Expires Jan.31,2010 ;
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this r) day of ._'.ij`(e,wd- r', 2005
by Sara Moos, a single person.
DENISE M. LESKINEN
NOTARY PUBLIC MINNESOTA - ,�ti ----
�' My Commission Expires Jan.31,2010 ` • b'
l Notary Public
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