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Home My WebLink About#4840 - Variance � O� O 4 , �� - CITY of OR4N0 � ,� ;�a �, � ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESII�g'�G NO. A RESOLUTION GRANTING V TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B), FILE NO. 02-2804 WHEREAS, Phillip Martin and Constance Martin,husband and wife, (hereinafter "the applicants") are the owners of the property located at 1230 Arbor Street within the City of Orono (hereinafter "the City") and legally described as follows: Lots 8 and 9, Block 1, Maxwell's Addition to Crystal Bay, Lake Minnetonka, Hennepin County, Minnesota, (hereinafter°the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28,Subdivision 5 (B)to allow construction of a front porch and an attached two stall garage to the existing house to be 26' from the front lot line where 50' is required and 15' from the side lot line where 30' is required in the RR-1B zoning district. 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 July 15,2002,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#02-2804. 2. The property is located in the RR-1B Zoning District,where 2 acre is the minimum required lot area. The property consists of approximately .47 acres. 3. The Orono Planning Commission reviewed this application on July 15, 2002 and recommended approval of the proposed variance based upon the following fmdings: A. The existing residence was built in 1957,prior to city adoption of the current 2 acre zoning standards. 1 of 5 � �-- � O� O O ��b - CITY o� ORONO . � ` ti �� G'�' RESOLUTION OF THE CITY COUNCIL--- 9kESH�4' NO. � d w o B. The hardship is the existing house location in relation to front and street lot lines. - C. The hardcover in the 500-1000'setback zone is well below the allowed 35%. D. Lot coverage by structures will be 10.6%,well below the 15%limit. E. The front porch and attached garage aze in character with the neighborhood. 4. The City Council finds that the conditions existing on this property are peculiaz to it and do not apply generally to other property in this zoning district;that granting the variance will not adversely affect tra�c 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 necessary 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. 5. The City Council has considered this application includina the fmdings 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 welfaze 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 Zonina Code Section 10.28,Subdivision 5(B)to allow construction of a front porch and an attached twro stall gazage to the existing house to be 26' from the front lot line where 50' is required and 15' from the side lot line where 30' is required in the RR-1B zoning district. 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 A. 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 pernut within 2 of 5 � . , � e . � � O� O O ��b - CITY o� ORONO . � ` ti �' RESOLUTION OF THE CITY COUNCIL--� �t`qk'E Og'�G NO. � S � O sx one year of the date of Council approval,or these variances will expire on that date (July 22, 2003). _3. Violation of or nQn-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, sha11 automatically terininate 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 22nd day of July,2002. ATTEST: � � ,� U ' Linda S. Vee, City Clerk Bazbara A. Peterson, Mayor -� �'1�� I� � ,�` Property Owner(s) STATE OF MIlVNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged befare me on this 22nd day of July, 2002 by Barbaza A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. -�z� �-��-�-�-� !�✓oc�� ' ;�°��. RACHEL DODGE "�: NOTARY PUBUC-MIN�iE^0'A Notary Public M�r Commisston Expire.g Jan.3?,M^' _.�..__�,�-.^^•-�`a 3of 5 e , � P � ' � ` �O � � O O ��b - CITY of ORONO . � � �� G~' RESOLUTION OF THE CITY COUNCIL--� �9kESfI04'� NO. � S � � � STATE OF MINNESOTA COUNTY OF HENNEPIN -The foregoing instrument was acknowledged before me on this ��I`��day of July,2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said �, of the City. �°;��. RACHEL DODGE ��'�'.� �C �v�� '` � NOTARY PUBUC-MIN�E.^OTA Notary Public i ^,dI W1y Cortu�siai ExpUes Jan.3S,2�0, m- "Y ..,.. STATE OF MINNESOTA COUNTY OF HENNEPIN On this��n��day of �c5-�- 2002,��/��p�'J��eT�NJ�eN�7.��e personally appeared before me, /�%�,P7'iN� ,fyl,g-��'� e� �. who is personally known to me � whose identity I proved on the basis of /%h� D L- whose identity I proved on the oath/a�rmation 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. MARY ANN JOHNSON (��' �orn�Y�-r�""FS°TA Not Publi �g►�nm�o��.3�,� az'Y . STATE OF MINNESOTA COUNTY OF HENNEPIN � On this day of , 2002, personally appeared before me, �vho 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 4 of 5 � FRANtC R. CARDARELLE Lana su � 644L1 F1 Exhibit A �nd Survey� (612) 9�i-3031 _ . Eden Prairie, MN 5534 ��r�i�i�a�� tri�� . 4 8 4 0 Survey For Phi 11 i P Marti n ' 8aok 336page �43 Fite '� �� 1230 Arbor St. � � • " Orono NN � --� • - ' � . . ., . . . .-. � li • � �sG.� ? ' 3�> > �� Fs..=: . ' . � �— — '' •�-� � f�Er�c vF Z.6' � � ��✓F . ' ! - �` . � r" , p L_ :i � ':: � � . . . � ,,n V . . '�' � �i' � � i � ��– , � � . — _ .. .-- � � `. •� � �. • �i / � � — l� � � . �r•b� ' � v � 26�� . I. - 4�1 � � pr;�Q . � � � : �• '�- ;: �� . . �_ Q � � �� 3� 3 � . , � . 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