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Home My WebLink About#3692 - Variance � e � O� . O O V �b CITY of ORONO � ' ti '�' RESOLUTION OF THE CITY COUNCIL ��kE H�g'�G NO. `,� � � � "� S , A RESOLUTIO:�' GRA\TING VARIAi�'CES TO tiIUNICiPAL ZONING CODE SECTIONS 10.U3, SUBDIVISION 14 (C) ANI) SECTION 10.28, S'LIBDIVISION 5 (B) FIL,E #2109 WI�EREAS, Todd Smith (hereinafter "the a�plicant") is the owner of the property located at 1380 Arbor Street «�ithin the City of Orono (hereinafter "City") and legally dPscribed as follows: Lot 4, Block 1, Markville, Hennepin Co�nty, ivlinnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal "Loning Code Section 10.03, Subdivision 14 (C) and Section 10.2S, Subdivision 5 (B) to permit construction of a 10'x14' three season porch to be located 12.3' from the north side lot line ��here a 30' setback is required and 10' from the east rear lot line «rhere a 50' setback is reqt:ired. The proposed structural improvement will result in total lot coverage of 32% or � 1,763 s.f. where the code wo�.ald have allowed 1,�00 s.f. or 27.2% and where 32% eYists. NOW, THEREFORF, BE IT RESOLVED by the City Council of Oronn. r✓tinnesota: FINDINGS 1. This application was revie«�ed as Zonin� Fil� #2109. ?. The property is located in the RR-1B, Rural Residential 7_onin� District requirin� 2 acres in area. The propert�� consists of �,�06.2 s.f. or .126 acres. ;. The Orono Planning Commission review�ed this application on February 20, 1996, and recommended approval of the variances as proposed based upon the following unique findings and hardships: Pa�e 1 of� . � .� o,� 0 0 . ,� 'b , �, � CITY o� ORONO �� ti G�' RESOLUTIQN OF THE CITY COUNCIL ��kESH�g'� NO. i� �3 � � � A. Lot is .126 acres in area and subject to 2 acres zonina standards. B. Lot was created and residence constructed prior to zoning requirements. C. There are no adjacent lands a��ailable to combine with sul�standard property. D. A large open space park exists to the immediate north of property. E. 7'he residence is served with se�ver. F. New three season purcli �vill be constructed within the e�ac;t building footprint of the previous roofed patio area at 10'xl4'. 4. The City Council finds that the conditions existing on this prop�rty 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, li?ht, air nor p�se a firz hazazd 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 ��ith the spirit and iiltent 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, sa.fety and welfare of the community. CONCLUSIONS, ORDER Al�'D CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdi��ision 14 (C) and Section ' 10.28, Subdivision 5 (B) to permit construction of a 10'x14' three season gorch and grants a north side setback variance of 17.7' or 59% and rear setback variance of 40' or 80% and grants a lot coverage eacess of 263 s.f. or 4.7%, subject to the follov�ring conditions: Pa�e 2 of� s� .. � O� O O � b CITY of 4RON0 � ' ti '�' RESOLUTION OF THE CITY COUNCIL �t`9Ji'E Hp4'„'�'G NO. e3 � � � S l. Applicant to obtain a penalt�• buildinv permit before «�ork can commence on reconstruction of three season porch. � 2. Applicant and future o�mers are hereby advised that any futtire requests to add structural improvements to the existin� residence �.vhere 32% of structural coverage exists must be matched with either equal or greater reinovals of existing structure. 3. Autnorities granted by this resolution run with the property not with the applicant, but arz pennissive only and must be eYercised by applicatian for a building permit within one year of the date of Council approval, or this variance will expire on that date (March 1 l, 1997). 4. Violation of or non-compliance tivith any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatieally tenn�natP any authority granted herein, and shall be punishable as a misdemeanor. 5. 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 propert��. Page 3 of� . .. � � O� O O ' b - CITY of URON4 � � �� ,�' RESOLUTION OF THE CITY COUNCIL ��kESH��'� NO, e� � � � Adopted by the Orono City Council on this l lth day of March, 1996. A ST: . �� C\\ , r�thy allin, City Clerk Gabrie Jabbour, Acting ayor �� /A(` �� / � � _. /, i��l� -'�--��`"� `Y �G�; T j �. Property Owner(s) S"fATE OF NfINNESOTA ) ) ss. COtTNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this llth day of March. 1996, by Gabrield Jabbour, Jr. & Dorothy M. Hallin, Acting Mayor R. City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument ��as exeruted on behalf of the Cit��. � --.� ��.�.x.� ,�� y�,c.1�-� � �.�;':,.;; JAMIE L BOSMA Notarv ! ublic • NOTAAY PUBLIC-MINNESOTA `�..J e ' " ' HENMEPIN COUNTY ;; `•-••'°� My Cammission Expires Jan.31,2000 �� Page4of� .. . 3 � O� O O � � ' ti CITY of ORONO �� ,'�' RESOLUTION OF THE CITY COUNCIL �9kES80�'� NO. �e� S �' � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��,��!c� day of n , 199 (a before me a Notary Public within and for said county,gersonall��ppe � d '-� C.�..�.�»-�-Zh r:�y?-l'�'�-'��-- known to me to be the person(s j described in and who executed the foreUoing instrument, and ackiiowledged that he (they) executed the same as his (their) freP act �nd deed. e ��. JAMIE l.BOSMA � �'•' ` : NOTARY PUBUC-MINNESOTA } L, �-, ��s-:Ls rt_.E�—•- •�• ' HENNEPIN COUNTY � '� �� '�� °�°''' Comm�sston ire.sJan.31,200o NOTARY PUBLIC � •....•° pny Exp , 4 VR � STATE OF MINNESOTA ) �) ss. COUNTY OF HENN�PiN ) On this ,-,��'�t day of_� , 199� before me a Notary Public within and for said eounty,personally a peared�� , �� d��c� �nc,��L k n o w n t o m e t o b e 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. .::��:.��:.,� � � JAMIE L.BOSMA ' NOTARY PUBLIC-MINNESOTA � ;' '�,.��iR:�,: HENNEPIN COUNTY � �� My Comm�ssion Expires dan.31,2000 NOT PUBI..IC �--�,-;--i.-.�"e�..:+'� Page 5 of 5 .