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Home My WebLink About#6050 - Variance i� 73 �� /�� . � � Doc No T4863794 Certified, filed and/or recorded on 6/14/11 11:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 26 Pkg ID 717056 Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1164128 This cover sheet is now a permanent part of the recorded document. , �I to=-� � =�`L� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL �ONING CODE SECTION 78-305 FILE NO. 11-3505 � o� 0 0 '�� C ITY of ORONO � - ,� ,� �, �� ~' RESOLUTION OF THE CITY COUNCIL �9kESH�4� NO. � � � 0 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-305 FILE NO. 11-3505 WHEREAS, Thomas McCune and Martha McCune, a married couple (hereinafter "the Applicants") are the owners of the property located at 1473 Bay Ridge Road within the City of Orono (hereinafter the"City") and legally described as follows: Attached as Exhibit A, (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305(B) to allow reconstruction of the roof on the existing home with a slightly higher pitch than the existing roof resulting in a 16.7-foot setbacic on the south side of the home and a 14-foot setback on the north side of the home where 30-foot side yard setbacics are normally required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission and Orono City Council held public hearings on May 16 and May 23, 2011 at which times all persons desiring to be heard concerning this application were given the opportunity to spealc thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 11-3505. 2. The property is located in the LR-lA One Family Lalceshore Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. Page 1 of 4 � o� 0 0 ��aa_:- CITY of ORONO ,� � _,.-: �, ti '�,�� "` �Gti RESOIUTION OF THE CITY COUNCI L �kESI3�g' NO. � a� � O 3. The Planning Commission reviewed this application at a public hearing held on May 16, 2011 and recommended approval of variances based on the following findings: a. The property contains 41,329 s.f. (0.95 acre) in area and has 115-feet in width. b. Sanitary sewer is available. c. There is no additional land available to bring the lot area into conformity. d. No additional living space is proposed. e. The Applicants' request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. f. The vertical expansion of the increased roof pitch will result in minimal additional massing of the house. g. The Applicants' request is in harmony with the purpose and intent of the ordinance. h. The applicants have demonstrated that enforcing the lot area and lot width provisions of the Zoning Ordinance deprive the applicants of the reasonable use of their property. 4. The City Council has considered this application including the findings and recommendation of the Planning Cornmission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 would 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 practical 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. Page 2 of 4 � o� 0 0 ' � CITY of ORONO �a - � �� - ;� �� ' '�� G'�' RESOLUTION OF THE CITY COUNCIL ��kES�I�g'� NO. �i � � O CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-30� (B) to allow construction of a new roof on the eaisting home with a slibhtiy higher pitch than the e�isting roof resuiting in a 16.7- foot setback on the south side of the home and a 14-foot setbacic on the north side of the home where 30-foot side yard setbacics are normally required, subject to the following conditions: 1. Council approval is based on the survey and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits B & C. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. No hardcover variances are granted. 3. The building plans submitted for building permit will be reviewed to ensure compliance with the City's building height and number of stories regulations. 4. Authorities granted by this resolution run with the property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (May 23, 2012). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned 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 assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 4 � o� 0 0 '�� CITY of ORONO a,t:� � �-; .,r.'; � �� ;�s G'�'� RESOLUTION OF THE CITY COUNCiL ��kESHOg'� NO. �i � � O �,� '*� ' "P� t��.`�� • Adopted by the Orono City Council on the 23rd day of May, 201 l. , � a ,M" �Z 4��'�.�i�� .�. �� , ? i C��_C � :- i� f/�e— .� , � L�,nda��;�fi��ee, City Clerk Aaron Hale Printup, Acti Mayor � � - �-CG..w- cr� roperty Owner s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this3 � day of , 2011 by Thomas McCune, husband of Martha McCune. MQNICA A.FADNESS � ` NOTARY PUBLIC-MINNESOTA � , /��y(��aj � ,;,' My Commission ExpiresJan,31,2012 NOtaI'y PUbIiC STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this� � day of , 20ll by Martha McCune, wife of Thomas McCune. �� 40NICA A.�ADNESS � ! NOTARY PUBLIC-MINPIESOTA �i��(/�G� �, � .�_.: ` My Commission Exp�esJan.31,2012 Notary PubliC Page 4 of 4 Exhibit A Resolution No. . � � � � Lenal Descrip�ion (As contained in Certificate of Title No. 74093) Tracts E and N, Re�istered Land Survey No. 192, Files of Re�istrar of Titles, County of Hennepin, State of Minnesota. Togetlier with an easement for driveway purposes over Tract� J, K, L, M, O, P, Q and R, all in Registered Land Survey No. 192 as shown in deed Doc. No. 569269, Files of ReQistrar of Titles; Subject to an easement for driveway purposes over said Tract N as shown in deed Doc. No. 569259, Files of Reaistrar of Titles; Subject to a public easement in the Hi�hway known as Counry Road No. 7 as to Tract E; Subiect to the portion of said land between the Iugh water mark and the low water mark of Lake Minetonka to the public riQht, including the riaht of the State of Minnesota to use or reclaim said portion ror any public purposes now authorized by law; (as to Tract E). Also known as PIN No. 10-117-23 34 0005 41.14 � ��'��O�O�O � � � 8.69 W � . . PC Exhibit C 1� SITE PLAN _ GRADING PLAN J a �APPROYED- Ar�o,r�on� ,. 4, � �pppP,��'EU WiTH REVISIONS � 3 869 � g � - 2 []DIJA ��rD ., �v� � / � �`GRADE LEVEL DECK ^ / � � o/ DATE -28-`� ,.o; � � "�� _ / �'~ / z ' � � / 0 18 N ��5 �-p�''"`�r ��iy z .ss % o , e- 4 �-��, o (�� y EAST �� .~ � -�-�---�- - �� 430.14 N o ---------------- `� � --- - — � - / n '= X ' �� ---- 60.OD --' ,__ - .-f-------�-�� _ , , J=4� � �a o \�NCE;� ::y--- o`'�J` �� `� //� // ------ - � _ _ ` �<L �/ �`` r � � r � �.� � z6.82 � .-,. �P ,- � ^,��,� , � ,,� . I a/ y'�� . o r.� �...I P 6 0 2 � °e 0. 't� �o/ � // � W / r ,,y`` / "' v v � ��,'`e Z.� y� �oe�o�c��v�� ,ro� � o= � 4� : m� ; o ., / + �� o�- ��,�� /„ m/ ^,'"�� ' ' �:-i^ � �/ / O�,O� S � � .1,- ��/ / ��_ '! �J � 4 � � — -__- _._ �' F_U � --�-'---- — . -�- �c�'�� -- __-2- h'o/�c� �,(, �� -Q-- f-�--- �--lw _ __ _--__- �.z � ,' J ^.o� J2y � � � � � --- -- : �l ;� --------- � — — � � O � ,-' � �� / � ' \; �. i ry q 3 •=�CORNER OF CONCREiE IS 122.1� �i�j�� `� �o�/ // �� C / � n � 26 80 FT.t FROM L1KE SHORE � + ,`` 22 v �/ ,�/ �ry� \ F J . . � � -- �— � - - - - — �.�. .N �, ?o � . �/ ,��J� r � � � ARAGE �v' �„^ '��% /,,'� . Q / ^ // B L A C K T O P D R I V E W A Y � "'SET IRON�=;�e __/6z�� v ,�j�� _ 192.98 _ _ _ _-�__ ,-SET IRONS-_� i; - --- ------ ' N __ �,� . P� � NAIL ,`// q l' 270.13 ♦--- � --"-� ' ,lH � -- � �403.43 °i � •---- /�2 / �� / /� ��. WEST 29.2a ^ � / m �' �v � � / / �, � �, N ' i ry /i -.__..—__–'_...-�.�__ . .,'_____ . . .__' � . .:-...-._... -_..__ ._,___.. __._..._.. . - . .. ...__. . _. .. . .. f-� C. � _3 _'_.___,__.....-_,...____.-.. ._._.._..._ .:._,_�_:__-_%`-...:._'"___ .._....._.'–_'_... "_"'_`_:-"-_'. . _._ .__. .... . . �J .... .. _... r 2 9.91 y U �J �0 J O w o 3 3 � �` �, I ,� `�� `-ABOVE GROUND DECK - 1/, � �� NOTES: � � � � SURVEY FOR: TOM McCUNE � PROPERTY ADDRESS: 1473 Bo Rid e Road, Orono, Minnesota. 1. The orientation of this bearing system is based on the westerly Ilne of Y 9 Registered Land Survey No. 192 which is assumed to have a bearing of � LEGAL DESCRIPTION: (As contained in Certificate of Title No. 74093) North i6 degrees 50 minutes 00 seconds. � Tracte E ond N, Registered Lond Survey No. 192. Flles of Tltles, County 2• This survey does not purport to show oll improvements to the property. m�1` of Hennepin. C�J 3. Complete title work was furnished for the preparation o( this survey to Together with_on easement for drivewoy purposes over Tracts ,I, K, L, M, �,.�ifv thA PvtGfP��A .,f n�� r!ncnmanfe �. A��.,,h�.,�.-A� � VV � �'8 Q . . ,, �'�� l v�Z6y, �� 0 __ �r lr�. ��-- � * ,� _ �; , '; , _� _ ---- �; � � � .�---, �, �; �--- ; u� , I I` 4 . 1 .�;r i:.i .. r a I �� n .. 11� � ��I ".�. 1. .�'rl � �' = � �, �I �i' �I 1 L'; + � i � � � ; i j a � � �: - i _� ' � � � ,� I � ;�°''�--i==i- � = ;--- �'� '� � � , i � � � , �� j j - — a� �� , .��' 7 ��`r �� ' I �I I� � � � � �, 1 ''I ! I �� - fiV � � v { ' � I� N� I� � ! -s , � I�� ! m � I , �,� ; � � �� a 4� ' j I,�\ ' I,� ', � ', , ; � � ` � _ ��,�j,�� '�� 4 ��_� �� _ - L . r � ,: � � ' �",;�` �� ,�I �� , � , ,� � ''. � �� - � � � , �ii ` � I i J;U �1 , � ��, m i I �. - ii I� r r�' � ba '.i � nt� �, 'I I' �� =� — / . �/ {�,� i . � � � �� '.' 7 �i� .�.� 7� r.�� i m.. � o � E� _- d_- , t � � � � .,, i� � '--,-,f c�� F . ro m�� -hrr f�. ��( _ �j / r � �! ,}J � -'��i�� . o �.�� i �f� � r i� ; i�� ', ; � � ; � ,� ; '� ,�---_=� ,�� - ; , ' ,' � , � � .�� ,,� o �,,, i � , , `JI I I a � i m ��'� ! . .: il _ , � �` . �I H< 'I I I ��. v� �� . �, � , •$ �; �� - a ' 8 � :. � N i � g I �I m � ' � I A r ,_n' �' �� , � �j I � �; 1 ; _ � I I �y�{I k' I ' `' � ` � �� I. ?�4 . ' I� �t�! � . � �'I;I�� I I �• ..� � � �I, , � ti �' �� , � �T� --- ; ,�� ; �I I � ; ��i � I , - �i I f '�� RECElVED � �" I �°, � ��a xlr#+� !r �iTlctil �: n.�� "':� � Jj � a" � ; G�1� �G� ` _ ' APR 2 8 2011 ,�.�;. �o � � _� - _ �� . �� E ;`.i =l��s-�r',�� a� �b,r��u�w _ � �at � % . ,_ ;. - �, ., �.: � ��, , .; _ � Q . ,,..,.. .. ; ; _. :,.i,. . a __ 0 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on May 23, 201 l, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 25th day of Mav , 201 l. , d��. / � �,1;�{i � �., ,: � � �� . � - .»,a� �� : City Clerk '^,� (,seal�:ro, ,t : c� � " � �„rtE � �^ � ��>:r -�t ,� , ° �? t �y � �� '/�p /�j ��1Q ""t,»,� ".ana�,,. .