HomeMy WebLinkAboutRes #5070 O
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�9kE0 N0. S O 7 0
A RESOLUTION GRANTING VARIAN CES
TO MUNICIPAL ZONING CODE
SECTION 78-420 (B)
FILE NO. 03-2957
WHEREAS, Joseph C. Thies and Valerie K. Thies, husband and wife,
(hereinafter "the applicants") are the owners of the property located at
the City of Orono:(hereinafter the "City') and legally described as
follows:,.","-,
The North one hundred and ninety-six feet(196') of the West two hundred and
twenty feet (220') of the Southwest quarter(SW'/4) of SEC. 27, TWP. 118, RGE.
23, subject to road easement over the Westerly thirty-three feet (33') thereof,
according to the�nap or plat thereof on file or of record in the office of the
register of deeds in and for said county and state, Hennepin County, Minnesota
(hereinafter the "property"); and
WHEREAS, the applicants have made application to the City of Orono
for a rear yard setback variance to Orono Municipal Zoning Code Section 78-420 (B) to
allow construction of an addition to the home which consists of an attached garage and
living space.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File X03-2957.
2. The property is located in the RR — IB zoning district, which requires a
minimum lot area of 2 acres. The applicants' property is .839 acres in
size.
3. The Planning Commission reviewed this application at a public hearing
held on October 20, 2003 and recommended approval of the rear yard
setback variance based on the following findings:
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O
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CITY of ORONO
0 RESOLUTION OF THE CITY COUNCIL
�9kESI'i0g� NO. 5070
a. The home, as it currently exists, has a non-conforming rear yard
setback.
b. The locations of the septic system and well and the existing footprint
of the home constrain alternative locations for additions.
c. The additions will have minimal or no impact on the visual density of
the surrounding 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 applicants 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 convenient-- 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.
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-
construction of an addition to the home which consists of an at-ached garage and living
space to be located 32.5 feet from the rear lot line where a 50 foot setback is normally
required, subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicants 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 reNzew.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
9kESI30gNO. _ 5070
2. The proposed detached garage shall be constructed to meet all required setbacks
consisting of 10' from all property boundaries and 10' from the principal
structure. This structure shall also not be in excess of 1,000 s.f.
3. The proposed deck off the east side of the addition shall be moved to the north
side of the addition and shall be located so that the deck meets a rear yard setback
no less than the approved 32.5 feet.
4. No other encroachments shall be allowed in the rear yard so as to decrease the
setback less than the approved 32.5 feet, with the exception of an unenclosed
stairway for access purposes from the proposed 3-season porch to be located
above the attached garage.
5. Authorities granted by this resolution run with the property not with the
applicants, 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(October 27, 2004).
6. 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.
7. The undersigned applicants have read, understand and hereby agree to the terms
of this resolution and on behalf of the applicants and the applicants' 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 27`h day of October, 2003.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
`ate
G 0M
PjopertOw'ner(s)
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CITY of ORONO
P%qti
RESOLUTION OF THE CITY COUNCIL
9kESI30 NO. 5070
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this le-day of
, 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 Public
ALM X"N7ERNHEIMER
M,cmvb*n E+ 331.2006
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this j a day of
2003 by Linda S. Vee, City Clerk of the Citi- of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
RACHEL DODGE
i NOTARY PUBLIC-MNNE?OTA
Notary Public
My CommiSWW Exom Jan.31.2005
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w- CITY of ORONO
�� G~ RESOLUTION OF THE CITY COUNCIL
SS0 NO. 5070
State of Minnesota )
) SS.
County of Hennepin )
This instrument was acknowledged before me this--�-day of oaf n �� ,2003
by Joseph C. Thies, husband of Valerie K. Theis, husband and wife.
NOTARY PUBLIC-MINR 2 NESOTA
My Commission Expires Jan.31,ZM Notary Public
BOB 88888888M
State of Minnesota )
) ss.
County of Hennepin ) //
This instrument was acknowledged before me this � day of /CJS,/e fn 46-, 2003
by Valerie K. Theis, wife of Joseph C. Thies,husband and wife.
G--NISE M.LESKINEta
hQ NOTARY PUBLIC-MINNESOTA Notary Public
r My Commission Expires Jan.31,W05
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