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Home My WebLink About#3807 - Variance � /r '�'�e" --�v � O� o O ��b. - CITY of URONU � � �� G'�' RESOLUTION OF THE CITY COUNCIL �9kESHOS�`'�' NO. __� � � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 12 AND SECTION 10.28, SUBDIVISION 5 (B) FILE NO. 2194 WHEREAS, David Alan Sutherland (hereinafter "the applicant") is the owner of the property located at 1365 Arbor Street within the City of Orono (hereinafter "the City") and legally described as follows: Lot 3, Block 2, Markville, Hennepin County, Minnesota (hereinafter "the property"); and VVHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.03, Subdivision 12 and 10.28, Subdivision 5 (B) to permit construction of a partial second floor over the existing residence structure located 3' from an existing detached garage where a 10' setback is required, 29' from the street lot line where a 50' setback is required, and 18' from the side lot line where a 30' setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2194. 2. The property is located in the RR-1B, Single Family Rural Residential Zoning District requiring two acres in area. 3. The Orono Planning Commission reviewed this application on November 18, 1996 and recommended unanimous approval of the proposed variances based upon the following unique findings and hardships: A. The property consists of 7,000 s.f. and is subject to two acre zoning standards for development. Page 1 of 4 � ��-- �+� � O� O O ��b - CITY of ORONO � ' ti �� G~' RESOLUTION OF THE CITY COUNCIL �`�kEsKo�'� rvo. 3 � �D � - B. The proposed improvement will not result in further extensions into the substandard yard areas. C. The vacant lot to the immediate rear of property is legally combined with developed homestead parcel to immediate south and will not be developed as a single family residence. D. The property is served with sewer. E. The area. and width of this property is consistent with developed lots to the immediate south and sautheast of property. F. The property is located immediately west of the City's Old Crystal Bay Road park. . G. The City has received no negative comments from property owners notified of the proposed improvements requiring setback vaxiances. 4. 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 variances would not adversely affect traffic conditions, light, air nor pose a fire hazaxd 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 including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant 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 and hardships, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.03, Subdivision 2 and 10.25, Subdivision 5 (B) to permit construction of a partial second story over the existing residence and grants a 3' or 30% separation setback variance, a 21' or 42% rear setback Page 2 of 4 � -� � O 'V o O ��b� - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL �9kESH04'� NO. 3 � � � variance and 12' or 40% side setback variance, subject to the following conditions: 1. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building pernut within one year of the date of Council approval, or this variance will expire on that date (November 25, 1997). 2. Violation of or non-compliance with any of the terms and conditions of this variance sha11 constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punisha.ble as a misdemeanor. 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his 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 of Orono, Minnesota at a regular meeting held on the 25th day of November, 1996. A ST: � , . orothy M. H in, City Clerk Edward J. Cal an, Jr., Mayor operty Owner (s) Page 3 of 4 ,._� � O ' Y � O ��b. CITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESHOg'� NO. e� � O � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of November, 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. `,�,%=`w LINDA S.VEE ��,� „� �.� , ;; ��'.�� N�TARY PUBLIC-MINNESOTA � _' ��a:.;.,• H�NNEPIN COUNTY NOtB.ty PUbI1C �'`�'' M��Commissian Expires Jan.31,2C00 �- STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this "� day of �w t P r�� --� , 199 (� before me a Notary Public within and for said county, personally appeared `�� , �� S�.t-�h�►�1 a��c( , j t�� rr��'�'c� 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. . � ��•. LINDA S.VEE ' � �� "' ` � NOTARY PUBLIC-�dINNESOTA ��✓�� e;�:o�k�.',' HENNEPIN COUNTY NOTARY PUBLIC �--•••° My Commission Fxpires Jan.31,2U� � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_ before me a Notary Public within and for said county, personally appeared lcnown 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 Page 4 of 4 , , . br . � � . � RESOLUTION # � g � "7 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) . I, Dorothy M. Halli.n, City Clerk of the City of Orono, Hennepin Counry, 1Viinnesota, do hereby certify that I have compared the foreaoi.n� copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said Ciry Council at a 19 9 6 tl and othatsthe same is a�ruel andecorrect November 25 copy of said resolution duly adopted by said Ciry Council at said meetin�. In Witness Whereof, I have hereunto set my hand and seal this 2 7 th , day of November , 19 96 ��. . Dorothy M. H ' , City Clerk (S�-) �_ �.d E ��l ) I��, . ( - �iEGiSTERED VCL a 7�-a , , PAGE �d._7 G o� ,��(��i"Cr�F��'v'UL��3 �A�� `�z �. � COPY ��.��;�� a�� N�JEF1t�t u�t.i�;��'..1��'�i,�'�:��A C��1��'F�� D�C 121996 9�m �1 FEfSTF!�R ��G�t2w`".r,w+r%��i ITl_FS BY 7E`�'�.r`�T`r �� 9�1 s��C� �V�� '