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Home My WebLink AboutReso #6314 O O CITY of ORONO �► RESOLUTION OF THE CITY COUNCIL NO. 6,31 4 t�kESH0 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-420(B) FILE NO. 13-3617 WHEREAS, William Pocock Bowman and Cynthia Joan Bowman, a married couple (hereinafter"the Applicants") are the owners of the property located at 450 Willow Drive South within the City of Orono(hereinafter the "City") and legally described as The East 202.86 feet of the West 279.32 feet of the South 115.50 feet of the North Quarter of the Southwest Quarter of Section 3, Township 117, Range 23, West of the 5t' Principal Meridian, ALSO .The West 15.00feet of Outlot A, WILLOW HILL, Hennepin County, Minnesota (hereinafter the Property ), and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-420 (B) to allow construction of an above- grade deck 25 feet from the south side lot line where 30 foot side yard setback is normally required and a 25 foot setback currently exists for the existing home; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on August 19, 2013 at which times 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 13-3617. 2. The property is located in the RR-1 B One Family Rural Residential Zoning District which requires a minimum lot area of 2.0 acres and .a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on August 19, 2013 and recommended approval of the variance based on the following findings: Page 1 of 4 a� O CITY of ORONO A► RESOLUTION OF THE CITY COUNCIL NO. 6_3 , SH0 a. The Property contains 25,166 s.f. (0.58 acre) in area and has 115 feet in width. b. Sanitary sewer is not available. c. The Applicants recently purchased the west 15 feet of Outlot A, Willow Hill. There is no additional land available to bring the lot area into conformity. d. The Applicants' request will alleviate a practical difficulty inherent to the Property and not created by the Applicants. e. The Applicants' request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. f. The Applicants' request is in harmony with the purpose and intent of the ordinance. g. The Applicants have demonstrated that enforcing the setback provisions of the Zoning Ordinance deprive the Applicants of the reasonable use of the Property. 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 the 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 Applicants, but is necessary to alleviate a practical 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 above- grade deck on the existing home set back 25 feet from the south side lot line where 30-foot side yard setback is normally required, subject to the following conditions: Page 2 of 4 O CITY of ORONO A Aq RESOLUTION OF THE CITY COUNCIL �� Gtiti NO. 6 31 4 ��kESH0 1. Council approval is based on the survey and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. 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 Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A footing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (August 26, 2013). 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 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 agree to the recording of this resolution in the chain of title of the Property. hi th opted by the Orono City Council on the 26 day of August, 2013. 71 1, lerkLili Tod WcMillan, Mayor Property Owner(s) Page 3 of 4 O , O CITY of ORONO +-� RESOLUTION OF THE CITY COUNCIL NO. 6 31 4 ��kESH0 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 28 day of rt , 2013, by William Pocock Bowman, husband of Cynthia Joan Bowman. r BARBARA G. SILUS NOTARY PUBLIC MINNESOTA My Commission Expirmian.31,2018 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of 2013 by, Cynthia Joan Bowman, wife of William Pocock Bowman. MONICAA.FADNESS NOTARY PUBLIC MINNESOTA Notary Public Coon Expms,i�.31,2017 Page 4 of 4 IN THE NW 114, SW 114, SEC. 3-117-23 i PCExhlbllB I AND -OUTLOT A, WILLOW HILL HENNEPIN COUNTY, MINNESOTA ' I S 89059'51" E 217.86 ............... I ' ----------------- I ' r INGRESS/EGRESS EASEMENT I •.... - ...............�............. PER DOC.NO.5027577 ............................... ......._..._..._. _.. ............. ... ---- %' ° 142.51 I { 80.35 I i b ''•. i ........... .......... .. t ` .................... . ............... ...................j...........T....... ............. ............................•202.89 ................................................................... �--rj •. i I �� ' .............................. .......... .........................................................................279.32.--_.--....-.--...-----...--.--_-.-•-...__..._......_...._..._... I.. I ....... ..........•---............................................................ ........i. . ...........a 14-2 d I ................... i4r..y".......;..................... ......75.49................ i I I I I � Fiu.s I I co to m j M I I Ui N I I �� ••�+ ' I I S O te.o M Lo ' N sm ' I ' o"�-� ;,a or EXISTING Z HOUSE II1 a; #450 eo �� _i ............. . .............................I ...�...�.— .,.;.j. .. ..... ...................................................... f� I BLACKTOP , / I 4 DRIVEWAY i 50 Pf��'� ��••.� I P ' i — -- --- — --- — _ I N 89059'51"W 217.86 i 33 I LEGAL DESCRIPTION OF PREMISES SURVEYED: SOUTH LINE OF NORTH 114 OF NW 114 ' The East 202.86 feet of the West 279.32 feet of the South 115.50 feet of the North Quarter OF SW 114 OF 0—fl...,v -rn.—hln 117 Modh Ranna 71 Weal of the 5th m � c� O w EE r: D0 .. r Resolution Exhibit Bi 3f 10' -2- 2-kc Zllc e r �r ,4 REVISIONS PROD: LSI CORPORATION OF AMERICA, INC. NUMBER 210D xenium lane•minneapolis•mm•55441 BY: jim gulbransen DA ph 763-383.7793•tx 763-559-4395 jgulbransen@lsi-casework.com Resolution Exhibit B¢ - - -- - Deck 1 — Dining Room - 18' x 16' — 32" above grade Pressure treated lumber, Trex decking, stairs and railing - - 4 footings —42" deep see drawing 1 for size and location -=- - 2 — 2"x 12"x 17'9" beam — see drawing 2 for details - -- -- - 2" x 12" x 16' joists — 16" 0. C. — see drawing 3 for layout 2 ft cantilever, clipped outer corners —see drawings -- -- - Stairs and railings per City code. 41 ►;f 1 i u zf 1f REVISIONS PROJECT: LSI CORPORATION OF AMERICA, INC. NUMBER corporate porate offices•2100 xereum lane•minneapolis•mn•55441 www.si-casework.com•Ix 763-559-4395-ph 763-383.7793 D��rE; The feat case for learning,working k fiving Resolution _ 5 Exhibit B3 . - - -- - 6 3 1. 4 4,3 ZIA: OP 5e, yiv-1- tL : S- -Q7.-- _— . - - 1 y REVISIONS PROJECT: LSI CORPORATION OF AMERICA, INC. NUMBER DRN, corporate offices•2100 xenium lane•minneapolis•mn 1 55441 www.fsi-casework.=n•tx 763.559-4395•ph 763.383-7793 DATE: The feat ease for seaming,working 6 living'� STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on August 26, 2013, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corporate seal of the City this day of F , 2013. F City Clerk Woe f Phe vGry y W iy4 M 4 f M f .k,r �r� •-�f .N��.y,�r s Ja J .• - _ x LUeI/o�u �i'•'S' Doc No T05123994 Certified, filed and/or recorded on Oct 9, 2013 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 47 Pkg ID 1041498D Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1370672 This cover sheet is now a permanent part of the recorded document. 0 Doc No A10008902 Certified, filed and/or recorded on Sep 9, 2013 12:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 30 Pkg ID 1033046M Doc Name:Variance Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document.