HomeMy WebLinkAboutRes 4570 t
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O OCITY of ORONO
KRESO,4 4, 0�; I� sC~�/
LUTION OF THE CITY COUNCIL
` `9 4' / NO.
\kESH�/ 4 5 7 0
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.03. SUBDIVISION 9 (D)
FILE NO. 2637
WHEREAS, William W. McGuire and Nadine M. McGuire, (hereinafter "the
applicants") are the owners of the property located at 315 Woodhill Road within the City of Orono
(hereinafter "the City") and legally described as follows:
Exhibit A attached, Hennepin County, Minnesota(hereinafter "the property"); and
WHEREAS,the applicant has applied to the City for a variance to Municipal Zoning
Code Section 10.03,Subdivision 9(D)to allow the proposed accessory structure to be located nearer
the front lot line than the principal building where no accessory structure is allowed.
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 November 20, 2000, 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#2637.
2. The property is located in the RR-1B Zoning District,where 2 acres or 87,120 s.f. is
the minimum required lot area. The property consists of approximately 8.48 acres
or 369,388 s.f.
3. The Orono Planning Commission reviewed this application on November 20, 2000
and recommended approval by a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
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_. �,� CITY of ORONO
�t IA 1 0. ��;r �G~j' RESOLUTION OF THE CITY COUNCIL
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A. The location of the principal residence is 285'and a guest house is 480'from
the south property line toward the rear of the 8+ acre property, making it
impossible to place an accessory structure within the front 8 acres without a
variance.
B. The accessory structure will be located more than 135'from the south lot line
reducing its potential impact on neighboring properties.
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 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 variance on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER, AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Municipal Zoning Code Section 10.03. Subdivision 9 (D) to allow the proposed
accessory structure to be located nearer the front lot line than the principal building where no
accessory structure is allowed. Approval is subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicant attached to this
resolution as Exhibit B. Any amendments to the site plan may require further
Planning Commission and City Council review.
2. Authorities granted by this variance run with the property not with the applicants,
but are permissive only and must be exercised by application for a building. permit
Page 2 of 6
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CITY of ORONO
`\ to. G')/ RESOLUTION OF THE CITY COUNCIL
ESVS
within one year of the date of Council approval,or these variances will expire on that
date (November 27, 2001).
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 agrees to the terms of
this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agrees 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 27th day of November, 2000.
ATTEST:
,/
Linda S. Vee, City Clerk Gabriel abbour, Mayor
Property Owner (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 27th day of November,2000
by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
«. RACHEL DODGE Notary Public
rr NOTARY PUBLJ'MINNEVOTA
• MM Commission Expo Jan'31.
Page 3 of 6
♦.
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-lute.. CITY of ORONO
��49
�� �, RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this , % r<i day of = v/ , 2000, before me a Notary Public within and
for said County, personally appeared >' ' - -:r, �'' �f? = known
to me to be the person(s)described in and who executed the foregoing instrument,and acknowledged
that he (they) executed the same as his (their) free act and deed.
Notary Public
STATE OF MINNESOTA ) 4 MARY ANN JOHNSON
s. • NOTARY PUBLIC MINNESOTA
) SS. • lAy Commission Expires Jan.31.2005
COUNTY OF HENNEPIN ) v
On this 3 I s day of / , nog before me a Notary Public within
and for said County, personally appeared L l (Lx• / J ) c. C cc i rc /7 7(--f7--71e1
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
-L. � /'/-/C4--t./_` -
."T"'SL RACHEL DODGE NotaryPublic
.f
fir, �_ NOTARY PUBLIC-bBNNE30T� ��
my Ex �
Page 4 of 6
Exhibit A
457
Legal Description:
Tract A, Registered Land Survey No. 1595, Files of Registrar of
Titles, County of Hennepin except that cart which lies Northerly of
the Easterly extension of the South line of Lot 3, Block 1, Woodhill
Ridge, according to the recorded plat thereof, and which lies
Westerly of the following described line:
Commencing at the Southeast corner of said Lot 3; thence
Northeasterly along the Northwesterly line of said Tract A, 241.87
feet to the point of beginning of the line to be described; thence
Southwesterly to a point on the Easterly extension of the South line
of said Lot 3 distant 17.00 feet Easterly of the Southeast corner of
said Lot 3 and said line there terminating.
AND
That part of Lot 3, Block 1, Woodhill Ridge, according to the office
of the Registrar of Titles, which lies Northeasterly of the •
following described line:
Commencing at the Southeast corner of said Lot 3; thence
Northeasterly along the Southeasterly line of said Lot 3, a distance
of 241.87 feet to the point of beginnirn of the line to be
described; thence Northwesterly to a point on the Northerly line of
said Lot 3, distant 72.95 feet Northwesterly of the Northeast corner
of said Lot 3, and said line there ter-_'::ating.
•
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Paye 5 of 6
Exhibit B
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