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Home My WebLink AboutRes 4937 t . , o_ OO lorw. 1`3 CITYofORONO + , '0NA._ G RESOLUTION OF THE CITY COUNCIL �`9�fESYiOg�Y NO. it 9 2 A RESOLUTION GRANTING AFTER THE FACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) SECTION 10.03, SUBDIVISION 15 (A) FILE NO. 03-2871 WHEREAS,Dan W.Weatherly and Sally Weatherly,husband and wife,(hereinafter "the applicants") are the owners of the property located at 1214 Wildhurst Trail within the City of Orono (hereinafter"the City") and legally described as follows: Registered Land Survey No. 1450, Tract A, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for after-the-fact variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.03, Subdivision 15 (A)to allow encroachment of a new single family residence to be located 6" (0.5') into the side yard setback resulting in a 9.5' setback where 10' is required in the LR-1B zoning district; and to allow said new residence to have eaves of 3' where 1 %2' is allowed; 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 February 19, 2003, 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#03-2871. 2. The property is located in the LR-1B Zoning District,where 1.0 acre is the minimum required lot area. The property consists of approximately 1.086 acres. Page 1 of 6 t O jv —� O saa_{ - CITY of ORONO � I G RESOLUTION OF THE CITY COUNCIL l� � ° �� No. 493 �' - ESHO 3. The Orono Planning Commission reviewed this application on February 19, 2003 and recommended approval by a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A. .There was a lot line rearrangement in 1976 to correct a substandard setback. Another lot line rearrangement would only create a substandard setback for the adjacent property. B. Cutting back the eaves on the north side of the residence and moving the foundation of the residence 6" is not economically feasible or reasonable because the construction is nearly complete. C. Cutting back the eaves on the north side of the residence and not the south would result in the residence losing its symmetry. D. The project to construct a new single family residential home on the property is nearly complete after a series of errors which were not realized until long after they occurred. 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 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. 6. 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 variances on the health, safety and welfare of the community. Page 2 of 6 . 0 _� OCITYofORONO `J'. . ti n „ ,,,A1- �j.,,,ti RESOLUTION OF THE CITY COUNCIL �z.,10 No. 493 CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants after- the-fact variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.03, Subdivision 15 (A) to allow encroachment of a new single family residence to be located 6”(0.5') into the side yard setback resulting in a 9.5' setback where 10' is required in the LR-1B zoning district; and to allow said new residence to have eaves of 3' where 1 %2' is allowed. Approval is subject to the following conditions: 1. The location of the newly constructed residence is approved as shown on the survey attached to this resolution as Exhibit A. 2. Authorities granted by these after-the-fact 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 (March 10, 2004). 3. 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 terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. 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 or Orono,Minnesota at a regular meeting held on the 10th day of March, 2003. ATTEST: �'�1!rk :J , f/ � t k-et/ C�/z Linda S. Vee, City Clerk Barbara A. Peterson, Mayor _4s.w / /Go N..--,„,(„utu._‹ a(t_ ,..., i ....Ad,. __,- Property Owner(s) i r i-- Page 3 of 6 e°- -6 ...„, io CITY of ORONO 0st. Ai /f�'i`1 G RESOLUTION OF THE CITY COUNCIL i44 NO. 493 7 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 10th day of March,2003 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 Pubic " ,�. ALISSA A.WiNTERNHEIMER STATE OF MINNESOTA F,;,_. ti ti - �� NOTARYPUBLIC-MINNESOTA ti COUNTY OF HENNEPIN ti My Cornmtasfon Expires Jan.31,2006 The foregoing instrument was acknowledged before me on this (7•fI'day of March,2003 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. r ,, RACHEL DODGE ti Ct c_. C,�L `� rY 4� > P:OT.'"‘Y PUBLIC-MINNE.^OTA T /c r.m.sion Expires Jan.31,2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this l s} day of /1.f,/ ,2003,D a n l'UL, 1, Oa 0 e;iy a,:i 56// V Y t`l �tpersonall�`L re-, !i (/ appeared before me, who is personally known to me whose identity I proved on the basis of / A/ 4' ,'r ,..t l, e e,>s E whose identity I proved on the oath/affirmation of , 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. X---,-i z-e---Li,--- / 17 ' 1 .;i ',u... LINDA S.VEE Notary Public } + NOTARY PUBLIC-MINNESOTA My Commbs on Expires Jan.31,2005 hiaZaaeamateezaaatase Page 4 of 6 v -(31.4" 0 0 -ASH {e- CITY of ORONO �'' ' I ' 0 RESOLUTION OF THE CITY COUNCIL L`9kEs%101" NO. STATE OF MINNESOTA COUNTY OF HENNEPIN On thisday of , 2003, 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 of , 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 Page 5 of 6 (�\\\\ % Exhibit A co St=9 0 _ \\ I SP _ 1 i 440 • SI0 B0 07 s I r ; :;moo '4,iP ' c K o� N. ' ;1' p0 N. s. 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