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Home My WebLink About#5362 - set back variance � � °� o �� o - �a� CITY of �RONO � ,:, � � d�:� . � RESOLUTION OF THE CITY COUNCIL G L�kESI3.�g'� NO. � �' �' �;.� A RESOLUTION GRANTING A FRONT YARD SETBACK VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-420 (B) FILE NO. OS-3137 «'HEREAS, Robert T. Jaffray and Victoria H. Jaffray, husband and wife (hereinafter "the applicants") are the owners of the property located at �40 Barrett Avenue within the City of Orono (hereinafter the "City") and le�ally described as follows: Lots 19, 20 and 21, Block 14, MINNETONKA BLUFFS, Hennepin County, Minnesota (hereinafter the "property"); and WHEItEAS, the applicant has made application to the City of Orono for a front yard setback variance per Orono Municipal Zonin� Code Section 78-420 (B) to permit construction of a garage addition onto the e�istin� home includin� a screen porch above the easterly 20' a 15.5' of the addition to be located 22.8' from the front lot line where a 50' setback is normally required, and a covered entry. . NOW, THEREFORE B� IT RESOLVED by the City Council of Orono. Mirulesota: FINDiNGS l. This application u�as reviewed as Zoning File OS-3137. 2. The property is located in the RR — 1B, Zonin� District which requires a miiumum lot area of 2.0 acres and a minimum lot width of 200 feet. The applicant's property is 0.45 acres in area and 150 feet in ��idth. 3. The Plannin� Conimission reviewed this application at a public hearing held on July 18, 2005 and recomniended approval of the front yard setback variance based on the following findings: Page 1 of 5 � � °� o �,, o - ��.�.:- C ITY of ORONO � �� e�.-� ti �' � � '�' RESOLUTION OF THE CITY COUNCIL �L�kESI304�� NO. �' '� 'L - � a. While the 1992 and 1995 variances approved a front yard setback of 25 feet; tlle 23 feet that exists today was unintentional. b. The proposal iucludes no further measurable encroaclunent to the existing front yard of Barrett Avenue, and will have no negative impacts to the nei�hborhood. c. All other Zoiung Ordinance requirements with respect to structural coverage, side and rear yard setbacks, and building height are met. The property is not located within a hardcover zone. 4. The Citv Council has considered this application including the findings and recommendation 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. �. The City Council finds that the conditions eaisting on this prope,rty are peculiar to it and do not apply generally to other property in this zonin� district; that grantin� the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely seive as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property ri�ht of the applicants; and ti�ould be in keeping ��vith the spirit and intent of the Zoning Code and Comprehensive Plan of the City. C'ONCI,TJSIONS, O�ER AND CONDITIONS Based upon one or more of the above findin�s, the Orono City Council hereby grants a front yard setback variance per Orono Municipal Zoning Code Section 78-420 (B) to permit construction of a garage addition onto the existin� home including a screen porch above the easterly 20' x 15.5' of the addition to be located 22.8' from the front lot line where a 50' setback is nornlally required, and a covered entry, subject to the following conditions: l. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any Page 2 of 5 - � °� o �, o �� §_ - CITY of ORONO � -:, �, �� J„^` G'�' RESOLUTION OF THE CITY COUNCIL c.� �, ��kESH.04 NO. e.4� �s �,�; amendments to the site plan v��luch are not in confonnity with City codes will require further Planning Coinmission and City Council review. 2. The shed located in the northeastern corner of the site shall be removed. 3. Authorities granted by this resolution run with the property not ��ith the applicants, but are pennissive only and must be exercised by obtaining a building permit for the new construction ��7ithin one year of the date of Council approval, or the variance will expire on that date (July 2�, 2006). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zonin� code, shall automatically terminate any authorit�T granted hereiu, and shall be punishable as a misdemeanor. 5. The undersianed applicants have read, understand and hereby a�ree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assians, hereby a�rees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 2�`h day of July, 2005. ATTEST: ... .�.. . , ,; ; 4.. . , , ,_ ., n. � . :. : .,: �, ; : : . : . ; , �. -_ _ Linda S. Vee, City Clerk Barbara A. Peterson, Mayor y "` � f '4 ' f'i i' =; ` (, ; �,.� g . . ,y. , �� .c.�v� . �,. ' 'r �„_��""`� s . � -�� Property Owner(s) � �� ; Page 3 of 5 - .� O,�. O �i,� t � �� CITY of ORONO ,� �'�� ' '� � a`�"�� ti RESOLUTION OF THE CITY COUNCIL G ��kESI3�4 NO. �' � °`� STATE OF MIIvNESOTA COUTITY OF HENNEPIN The foregoin� instrument ��as acltnowledged before me on tlus k.�,�"� day of .S��i�t,;--. , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Miruzesota mun cii pal corporation and said instrument was executed on behalf of the City. � -�`� ,��': 61 �;�.,-,:� � ��f,�-. .�- �,.,�-=�;��- �.t,r�.�: _.. ' ; � �r` Notar Public ,; � ""r;� Kf�15T!B.AhdDERSON Y �� y�� ;:, Nerta.�v�u��ic-r�i�dN��o7a � '�' J �,9v��mmissic�n Ezpires Jan 31,20()7 'I''.;f!�c.-_:J:'�...:�.::.�c:�"?c.�:c^c"'.c'�"��.`'-.c:=<^' STATE OF MIi�'NESOTA COUI�TTZ' OF HEI��EP1N ,.-,�. The foregoing instrument was acl;nowled�ed before me on this t_ day of �';-�-��,._�--, • 200� 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. �� RACHEL DGDGE � ` ` ' r w�., __ , ��t'� ��oTARY Pusuc-Mir�NEsor�, � Notary Public ��j My Commission Expires Jan.31,2010 �� "_.w-..e�?�'a. -��.��='?.��'2F�`c=^_<'� Page 4 of 5 � � o� o , o ��- ,, CITY of ORONO ,� j .�.� ti � :�+ � RESOLUTION OF THE CITY COUNCIL ��.F� 4"�'G NO. � w�? �,�� ` ESI3� STATE OF MINNESOTA COUI�TTY OF HENNEPIN Tlus instrument was acl:nowled�ed before me this �'>; day of �� ,_ `��_a , 2005 by Robert T. Jaffray, husband of Victoria H. Jaffi-ay, husband and ��ife. ' � y-`- :d- ._'� ��u�r DENISE M. �ESKINEN -� 1- ' � " -MINNESOTA ,Ii' ' , , ,,�J � __...a, � �. a , .t. . � . ,•� I.�,: . �__...m--�-.. ` NOTARY PUBLIC .,,..'s My Commission Expires Jan.31,2010 Notary Public ,��-�s_ _ STATE OF MINNESOTA COUNTY OF HE1�TIvEPIN This instrument was acknowled�ed before me tlus ;;�'"" day of �,y �,�; a;� , 2005 by Victoria H. Jaffray, wife of Robert T. Jaffray; husband and wife. ' ; � �, � ,;. r ': � �r i . t � y1 _... . ; 0 ''�y a �'/ .�:""�,,:..n,.«a-^,--:.>.,,.�.. . .,.�' i� 7 'G'� ��5�..,-�r'�� ""��Y �5.:.�:, b�NISE M. LESKINEN �� .' NOP'�RY PUf3LIC-MINNESOTA NOt3Ty PllbI1C L�,` h�y Gommission Expires Jan.31,2010 _r�.:,.�;-�>�li�l.iprn,.�rr�' ^_ Page 5 of 5 ` % �/ � f� l � � � � �. �. -�� ' --, �� S ��°43` 00" E 129.45 12 � .� ;o p 5'`" �ai 4-TO BE ' REMOVE _ N; 8.� y- � � �; � -��- PROPOSED � � DRIVEWAY � 1 1 .. .... . _ � ��' : ............._ ,� �z�a '-"-" � �� -- — ..�.,–�-..�._�. _.� _.��,�.._.------ i 26.6 r -�, � i; --^-- � .�- � l � � .; . � t- o �.� .��, o _ _ . .. ) E�ISTI(�G � ,., . .............. : , � , '3.Z 10.4 PROi'OSLD1 o t ADDITION : r j � ,........_...�.: °� �0 U S E �'.� 1 ��XISTING �CK �') { n • TO c'E RE OVED �,; " �544 � ... , � .'.�4.6 1 , � � ' I -- ---=--�----i------�------------ o ----- 1 1 � � I I �� - -- � � �J =� , ti r - � � } � � --__ 4 F I �(Q ?I � . � � � /� � �J