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Home My WebLink About#5288 - variances � � o.�,. � o ��, _ o p �.��_. CI Y of ORON � � , �'��b��,y. - '�S'�� 'ti RESO UTION OF THE CITY COUNCIL i� �sij �,. , :�; �`9Ii'ESI'i�4� N0, � t s::.._ A RESOLUTION GRANT G VARIANCES TO MUNICIPAL ZO ING CODE ` SECTION 78-3 5 (B) FILE NO. OS- 084 . WHEREAS, James A. Olson an Pati�icia E. Olson, husband and wife (hereinafter "the applicants") are the owners o the property located at 4360 Bayside Road within the City of Orono (hereinafter the " �ty") and legally described as follows: �F,,, �_;:: That part of the West '/z of the Northw st '/4 of the Northeast '/4 of Section 6, - Township 117, North, Range 23 West of the St}' P.M. described as follows: �;- Begiruiing at the Northwest conler of th Northeast '/4 of said Section 6; thence � East along the North line of said Northea t '/4, 514 feet; thence South 27 degrees _ and 30 minutes West 589 feet to the cente line of the County Road which extends across said Northeast '/4; thence Northwes erly along the centerline of said County Road to the West line of said Northeast ' and thence North along said West line to the point of beginning, according to the United States Governinent Survey = thereof, and situated in Heruiepin County, Mirulesota (her inafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a vanance to Orono Municipal Zoning Code ection 78-395 (B) to allow construction of an attached garage 72' fiom the front lot lii e when 100' is normally required and ` where a front yard setback of 74' was recomme ded to allow for extension of the front ia, foundation line of the existing home and attache gara�e. NOW, THEREFORE BE IT SOLVED by the City Council of Orono,Minnesota: L':". �:= FINDIN S 1. This application was reviewed as oning File OS-3084. 2. The property is located in the — lA, Zoning District which requires a minimum lot area of 5.0 acres an a minimum lot width of 300 feet. The applicants' property is 3.51 acres n area with 426 feet of width. Page 1 0 5 __ I � o� �.. � o �, o ��,c�;::, ,, CI Y of ORONO � ,� b1� � �',� � H G'�' RESO UTION OF THE CITY COUNCIL �, '��9 4°�' NO. sY� ,` kESI3� � _<. 3. The Plaruung Cominission review d this application at a public hearing � held on February 22, 2005. The C ty Council reviewed this application at the regularly scheduled meetin held on Febniary 28, 2005 and - recommended approval of a front rd setback variance to allow a setback of 74 feet based on the following fi dings: �.:.: - a. The existing house, which has setback of 77', was constnicted prior to adoption of the current setba k requirement of 100', b. Approval of the front yard s tbacic request of 72' would not be - consistent�vith past approvals l lots with similar conditions. c. Approval of a front yard set ack variance of 74' by allowing the garage no fiu-ther forward ,thai the extended front foundation line of the house will result only i a sl'ght increase in the non-confornlity. d. The request to increase the nu ber of attached garage stalls from the existing single stall is a reas nable request based on the current constnlction trends. 4. The City Council has considered his application including the findings and recommendation of the Plaruii g Cointnission, reports by City staff, comments by the applicants a�1d th public, and the effect of the proposed variance on the health, safety and elfare of the conununity. .�: 5. The City Council finds that the c nditions existing on this property are peculiar to it and do not apply gei erally to other property in this zoning district; that granting the varian e would not adversely affect traffic conditions, light, air nor pose a fir hazard or other danger to neighboring property; would not merely serve a a convenience to the applicants, but is �; necessary to alleviate a demonstrab e hardship or difficulty; is necessary to preserve a substantial property rig t of the applicants, and would be in keepin� with the spirit and intent o the Zoning Code and Comprehensive __ Plan of the City. Pa�e 2 of 5 . O,�. � Q O �� ..- C I Y of ORONO � � � � °:.�.:,�. � G RESO UTION OF THE CITY COUNCIL :4. L�kESYiOg'� N0. w� '� CONCLUSIONS, ORD R AND CONDITIONS Based upon one or more of the above fi dings, the Orono City Couilcil hereby grants a variance to Orono Municipal Zonin Code Section 78-395 (B) to allow constniction of an attached garage 74' from th fi-ont lot line when 100' is nonnally required so that the front foundation line of he existing home and garage can be extended, subject to the following conditions: �..;: _ 1. Council approval is based on the site lan submitted by the applicants aud - arulotated by City staff, attached to his Resolution as Exhibit A. Any ainendments to the site plan which are ot in conformity with City codes will require further Plaruzing Corrunission and ity Council review. �, �., 2. Authorities grailted by this resolution run with the property not with the � applicants, but are pennissive only ai d m st be exercised by obtaining a building pei-�nit for the new construction with'i1 oi e year of the date of Council approval, - or the variance will expire on that dat (F niary 28, 2006). 3. Violation of or non-compliance with ai y of the terms and conditions of this resolution shall constitute a violation o the zoning code, shall automatically terminate any autl�ority granted herein, an shall be punishable as a misdemeanor. 4. The undersigned applicants have read, u derstand and hereby agree to the terms of this resolution and on behalf of th applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on e 28t�' day of Febntary, 2005. � ATTEST: n f '.-,. �' v' �. t ��; � `� ,� �/ X ,�� ,�� ,,. '#�s5: ��`�y'✓�� !r'!<, / � !i�, _ _ �_ - Linda S. Vee, City Clerk BarU ra A. Peterson, Mayor �,. s� , ----..� ,. ,�--� �- � _. .. _ , �� ',� � ;• .,�: �.� ` ��''-``�''��'iC�' `'� �,��L2-Z---��`J � �---�' Property Owner(s) `, � Page 3 of �:�. � O,�. �' � � p �� :- CI Y of URON� � � �?��: � C> RESO UTION OF THE CITY COUNCI L �; �L`9kESI3.�4� N0. � � e�` _ STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instiument was acknowl ged before me on this ,�� day of � ,;;.,,�- 2005 by BarUara A. Peterson, Mayo of the City of Orono, a Miiulesota municipal corporation and said insti-ument was exe uted on behalf of the City. ��.��,�:r�,r��''"-�=�'��'�` ,�.�, � � ��' .�• C�i.�� , �,t, ,r=,�,, 1�,R1S�l t�.��J'JEE.� ,0. L � I I��k 1 l(�� . �� t�OTAe�Y PU6L.0-n�i �� 'A ' Notary Public ti"a �a� �ti ��i r,j °� ,�'ti.�y�'` ��,y�Jor�mission Ezpires {. �f 5.: ✓y �.;..C��'t..".+...:. J ._ . '..�:i.. C'ic'.+-s�.c't-.c.e�'' _;�.c'�'::�C.-Z� I STATE OF MII�'NESOTA COUi�tTY OF HENi�'EPIN .,. . The foregoing instrument was acknowl ged before me on tl�is == ` day of � `,,i;�. ,� '��, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Mirulesota `municipal corporation and said instrument was exe uted on behalf of the City. ( __ � � � �:. ,�YTrv. RACN�L DODGE Notary Public -�.�.�� NOTAftYPUBLI�-N]INNESOTA ;,,,,:• My�cmmissi�,��x�res.ian.31,2016 �;f;�..�-- Page 4 of 5 �.- . . 0 I � � � �; � =��: -, , C I Y of ORONO ,� , .. �, "�+� �t`,.. � s RESO UTION OF THE CITY COUNCIL G �� `�kES�I�4��' N0. � �F ;,:;::;-, �''' STATE OF MINNESOTA �= COUNTY OF HENNEPIN This instrument was acicnowledged befor me this f:�' day of ;. , 2005 by James A. Olson,husUand of Patricia E. Olson. � � _.` 1 �C::�� ' � ��,t �� I,�r i,� � ,;�i. r��;< ;~ _. _, rl[7fi��Fer ��. � � — �.. y ; y, isp�b�rrn �yt� t�i.-,� a3n �"' 1V�ta y P11V11C .... . l _ STATE OF MI�INESOTA COUNTY OF HENNEPIN This instniment was acknowledged before me this '= day of ��y�:::-�.r ,;�. , 2005 by Patricia E. 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