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Home My WebLink AboutRes 5018 cog%) O _ CITY of ORONO �4LA0 or, �Gti:, RESOLUTION OF THE CITY COUNCIL __ .4v, N0. 0 I 8 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03 SUBDIVISION 9D FILE NO. 03-2924 WHEREAS, James L. Harstad and Julie R. Harstad, husband and wife, (hereinafter"the applicants") are the owners of the property located at 4550 Wolverton Place within the City of Orono (hereinafter the "City") and legally described as follows: Lot 1, Block 1, Foxfyre Estates, 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 10.03 Subdivision 9D to allow construction of an accessory gazebo/shed structure located nearer the street or front lot line than the principal residence structure on the property where no such structures are normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #03-2924. 2. The property is located in the RR-1A Rural Residential Zoning District, which requires minimum lot area of 5.0 acres and minimum lot width of 300'. The lot is conforming as to the area and width. 3. The Planning Commission reviewed this application at a public hearing held on July 21, 2003 and recommended approval of the requested variance based on the following findings: a) The gazebo structure is approximately 245 feet from the private road, whereas the house is approximately 300 feet from the road. The gazebo is located 27.6' from the side lot line, meeting the 10' minimum side setback for a 200 s.f. detached accessory structure. Page 1 of 5 ‘VV O ?‘, CITY of ORONO v,a, .„, r\ � ' ► ,110. �._�C7 RESOLUTION OF THE CITY COUNCIL `-kEsHD4 NO. b) The location of the house near the rear of this 10-acre parcel has made it difficult for the property owner to use the property in a reasonable rural residential manner with regards to locating accessory buildings. c) The gazebo structure is a rather ornamental feature, does not take on the character of an intrusive structure,and is setback far enough from the road and lot lines to not require any special screening or other visual treatment 4. The City Council has considered this application including the findings and recommendations 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 recessary 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 10.03 Subdivision 9D to allow construction of an accessory gazebo/shed structure located nearer the street or front lot line than the principal residence structure on the property where no such structures are normally allowed, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes or are outside the scope ofthis approval will require further Planning Commission and City Council review. Page 2 of 5 ev O == Ay _ CITY of ORONO "i*�t I ' !' G RESOLUTION OF THE CITY COUNCIL 4kESI-1& NO. 5 0 .1 8 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 (July 28, 2004). 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, understood 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. Adopted by the Orono City Council on this 28th day of July, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor,,,„•7 . 41 . ( (.„•_,t_,Wi. X,,.(i;/ , 4!t‘cif- 4 a 'roperty Owner(s) v Page3of5 . , , .. . . 0.ili 0 O g - ,., 1., CITY of ORONO L*: .; , !, 'olio'�,_ G~ RESOLUTION OF THE CITY COUNCIL L`�kESII0g� NO. e 0 1 8 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ��day of ,,Lk, ,2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporate n and said instrument was executed on behalf of the City. iKRin�. ,,,T',TT niiA NOTARY PUBLIC-MINNESOTA y? _ ,l�J�i•_ . ,�,rl 1 0. ''`. n Expires Jan.31,2007 r4' ti� My Notary Public STATE OF MINNESOTA . COUNTY OF HENNEPIN 1 The foregoing instrument was acknowledged before me on this_n day of / -c.cs/c.t S-I-,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. -?.--..i,- ry Krt,() SIV I�.�l l'� c/I4 "5 RACHEL DODGE Notary Public i •' NOTARY PUBLIC-KiNNE^OTA "ti My Commission Expires Ja,' , ..05 r! be, Page 4 of 5 . Iv O ,-,--4, - CITYof ORONO 't ' iiNLpA._ G RESOLUTION OF THE CITY COUNCIL �` —,ESHOg� NO. 5 0 1 P State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this S day of Au .;t 1-2003 by James L. Harstad, husband of Julie R. Harstad. ssasa$ . ,fav o f ._ RACHEL DODGE '�" iN NOTARYPUBLIC-MINNE.^OTANotary Public ' My cmm��,a cxpires Jan.31,2D03� State of Minnesota ) ) ss. County of Hennepin ) L.J day of / .t This instrument was acknowledged12003 by before me this Julie R. Harstad, wife of James R. Harstad. itie-z,. '' fea_c_A—it--( ia)cl-e er,(__. ,-^ RACHEL DODGE i '_r, Notary Public i NOTARY PUBLIC-MINNE?OTA t:1 ) My Commission Expires Jan.31,2CC5 r; • ES �11, 01titi G 4, `1,POQ�• ,q N 89°27'30" E 673.93 4.ti�ya ; _ ` �� p. [_° CERTIFICATE OF SURVEY FOR as09. ` T JAMES L. JULIE R. HARSTAD • D"""ACE AND �, OF LOT 1, BLOCK 1, FOXFYRE ESTATES 1� \ UTEITY EASELENTS" VI \cnieeo HENNEPIN COUNTY, MINNESOTA ,p .,.,. UNDER CONSTRUCTION 0 u�. N91J BLACKTOP DRIVEWAY •. LP CA • O W • a 6 n • 4�: 1 :' , • 14550 ___ ea • 41. • EXISTING °• '"T r e n a sus HOUSE "' r'o'-+o TP0 o D= 0 3x01.p ZqI,.p; N iYol ti ) J �••r LEGAL DESCRIPTION OF PREMISES : ��0,, Lot 1, Block 1, FOXFYRE ESTATES iy .(r' Q/4106 , o : denotes iron marker p ill Y A0 Bearings shown ore boxed upon on assured dot un. don. This survey intends to show the boundaries of the T. Ra?? as -ti above.descr ibed property, the location of on existing 414,?2500 house, driveway and goxebo under construction thereon. y aT !2`Tr0 WEST 232.88 It does not purport to show any other ?>/) OrrR improvements or encroachments. 1414° 1416, a¢ 1� ®,..\ GRONBERG & INC. AS�PxVNaUeV IY 1 Ai PH nAa v[ucArw a.oar u [ *14.1190 ` ASSOCIATES, ° mer 1c a UO[A vY w[cu suKA.rtxsr A10 1+ ECO • ,,...- THAI r Au A a C umn[o lxor[ssxwa[14we[A A10 LA.I CONSULYNG ENGs4EERS,LAND SURVEYORS,SITE PLANERS vn(Yu uax o[Un 07.:...u.,:....:,,,,,........ M H.rt d w4souA s.1r VS3 — 445 NORTH WILLOW DR7-15-07 M� {� q_ s95� NE,IONS LAKE,4L 55736 i7 y. OS-]OS 937-473-4141 o•r[,7 ii L w[� .1 / O]°-701 I IM