HomeMy WebLinkAboutResolution 6364 314- 3a-
Doc No All 0127834
Certified, filed and/or recorded on
Oct 14, 2014 2:00 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McMormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 97 Pkg ID 1164793M
Doc Name: Variance
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
O O CITY of ORONO
RESOLUTION OF6rT6I Y COUNCIL
NO. vv JJ
�kES140
A RESOLUTION
GRANTING A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 78-395(B)
FILE NO. 13-3632
WHEREAS, Dale Robert Richardson and Tamara Richardson, a married
couple (hereinafter "the Applicants") are the owners of the property located at 4325 Chippewa
Lane within the City of Orono (hereinafter the "City") and legally described as Lot 1, Block 1,
Chippewa, Hennepin County, Minnesota (hereinafter the "Property"); and
WHEREAS, on April 4, 2013, the Applicants requested a building permit in order
to construct an 8' x 8' deck 34.4 feet from the west side lot line where 50 foot side yard setback
is normally required;
WHEREAS, on April 9, 2013, the Applicants were notified by Planning
Department staff that the building permit application was incomplete;
WHEREAS, in August 2013 the City Building Official inspected the Property and
observed the deck had been constructed without proper City permits. The Applicants were
notified that an after-the-fact building permit and after-the-fact variance would be necessary in
order to allow the deck to remain on the Property;
WHEREAS, the Applicants have made application to the City of Orono for an
after-the-fact variance to Orono Municipal Zoning Code Section 78-395 (B) to allow the as-
constructed 8' x 8' deck to remain 34.4 feet from the west side lot line where 50 foot side yard
setback is normally required and a 28 foot setback currently exists for the existing home; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held
a public hearing on January 21, 2014 at which times all persons desiring to be heard concerning
this application were given the opportunity to speak thereon.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 13-3632.
Page ] of
O O CITY of ORONO
j RESOLUTION OF THE CITY COUNCIL
f 4/�
NO.
6364
G
SH0
2. The property is located in the RR-1A One Family Rural Residential Zoning
District which requires a minimum lot area of 5.0 acres and a minimum lot width
of 300'.
3. The Planning Commission reviewed this application at a public hearing held on
January 21, 2014 and recommended approval of the variance based on the
following findings:
a. The Property contains 43,512 square feet (1.0 acre) in area and has 149 feet
in width.
b. Sanitary sewer is not available.
c. The substandard area and width of the Property combined with the location of
the existing home make it difficult to construct conforming additions or
appurtenances.
d. The 8' x 8' deck is located at the rear of the home and is in line with an
existing patio door. Previously a landing existed outside the patio door.
e. The Applicants' request will alleviate a practical difficulty inherent to the
Property and not created by the Applicants.
f. The Applicants' request will not alter the essential character of the
neighborhood and will result in minimal negative impact on adjacent
properties.
g. The Applicants' request is in harmony with the purpose and intent of the
ordinance.
h. The Applicants have demonstrated that enforcing the setback provisions of
the Zoning Ordinance deprive the Applicants of the reasonable use of the
Property.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, 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 the Property are peculiar to
it and do not apply generally to other property in this zoning district; that granting
Page 2 of 5
O�
O O CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6364
�kESF10
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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-395(B) to allow the as-constructed 8' x 8'
deck to remain 34.4 feet from the west side lot line where 50 foot side yard setback is normally
required, subject to the following conditions:
1. Council approval is based on the survey submitted by the Applicants and annotated by
City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan
which are not in conformity with City codes will require further Planning Commission and
City Council review.
2. Authorities granted by this resolution run with the Property not with the Applicants, but
are permissive only and must be exercised by obtaining an after-the-fact building permit
for the new deck and passing the required inspection of deck. An inspection must be
completed within one year of the date of Council approval, or the variance will expire on
that date (February 10, 2015).
3. 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.
4. The undersigned Applicants have read, understand and hereby agree 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.
Adopted by the Orono City Council on the 10h day of February, 2014.
Page 3 of
O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 36
��kESH0
ATTEST:
Ra.cheT Dodge, C y er Lili Tod McMillan, Mayor
Property Owner(s)
Page 4 of
O ^ O CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
L�kESHOg�
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of , 2014, by
Dale Robert Richardson, husband of Tamara Richardson.
MONICAA.FADNESS
E. NOTARY PUBLIC-MINNESOTA
;Y s My Commission Expires Jan.31,2017 Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
IA
This instrument was acknowledged before me this day of 02014 by,
Tamara Richardson, wife of Dale Robert Richardson.
LC '
` MONICAA.FADNESS Notary Public
NOTARY PUBLIC-MINNESOTA
;•.,;,,�` W Commission Expires Jan.31,2017
Page 5 of
CRRTIFICATE OF SUF :Y FOR Resolution
'
DALE RICHARDSON Exhibit A
OF LOT 1 , BLOCK , CHIPPEWA RECEIVED
HENNEPIN COUNTY, MINNESOTA NOV 15 2013
CITY OF ORONO
N 89026'00"W 149.01 -""
---- 664 .
1 2
PROPOSED fo:d"
SHED
N
O
O
M N
O
O
DECK O
ip 34.4 M
41.7 >
0 ........28:2....... fO ...................55.3.................... _>
{' 6 EXISTING HOUSE tD
o # 43325
Z ..........
^ 41.6 O
e °
0
0
X WELL Z
a
a
5 o
m la
z
D
X
W
ROAD EASEMENT SHOWN 6ilN COUNTY MAP m
N 89026'00"W 149.01
10 ----
`'4 CHIPPEWA LANE 04
N
LEGAL DESCRIPTION OF PREMISES:
Lot 1,Block 1,CHIPPEWA
a : denotes iron marker found
o : denotes iron marker set
This survey shows the boundaries of the above described
property and the location of an existing house,deck,and
driveway thereon. It does not purport to show any other
improvements or encroachments.
I hereby certify that this survey, plan,or report was prepared by me SU LE
GRONBERG&ASSOCIATES,INC. or under me direct supervision and that I am a duly Licensed Land Surveyor 1"=30' I
CONSULTING ENGINEERS,LAND SURVEYORS, Under the laws of the State of Minnesota. DP.1c
SITE PLANNERS
445 N.WILLOW DRIVE 11-15-13n
LONG LAKE, 55356 / �' T
eoa Nc•.
852.473"4141141 �
13-412 Mark S.Gronberg Minnesota License Number 12755 13.412 z
' '. c
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 February 10th, 2014, 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, qday of JIV U�&4 2014.
City Clerk
•6•��}tip"
t,
� o�
O ,, O CITY of ORONO
�a -
� i I °�:-�, �� RESOLUTION OFLTF�E�I�Y COUNCIL
�� �G NO. v �
�kESH��'
A RESOLUTION
GRANTING A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 78-395(B)
FILE NO. 13-3632
WHEREAS, Dale Robert Richardson and Tamara Richardson, a married
couple (hereinafter "the Applicants") are the owners of the property located at 4325 Chippewa
Lane within the City of Orono (hereinafter the "City") and legally described as Lot 1, Block 1,
Chippewa, Hennepin County, Minnesota (hereinafter the "Property"); and
WHEREAS, on April 4, 2013, the Applicants requested a building permit in order
to construct an 8' x 8' deck 34.4 feet from the west side lot line where 50 foot side yard setback
is normally required;
WHEREAS, on April 9, 2013, the Applicants were notified by Planning
Department staff that the building permit application was incomplete;
WHEREAS, in August 2013 the City Building Official inspected the Property and
observed the deck had been constructed without proper City permits. The Applicants were
notified that an after-the-fact building permit and after-the-fact variance would be necessary in
order to allow the deck to remain on the Property;
WHEREAS, the Applicants have made application to the City of Orono for an
after-the-fact variance to Orono Municipal Zoning Code Section 78-395 (B) to allow the as-
constructed 8' x 8' deck to remain 34.4 feet from the west side lot line where 50 foot side yard
setback is normally required and a 28 foot setback currently exists for the existing home; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held
a public hearing on January 21, 2014 at which times all persons desiring to be heard concerning
this application were given the opportunity to speak thereon.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 13-3632.
Page 1 of 5
� o�
O , O CITY of ORONO
�� -
�1 � -�� � RESOLUTION OF THE CITY COUNCIL
�'� ��� .:�� Gtiti No. 6 3 6 4
��kESH�g'�
2. The property is located in the RR-1A One Family Rural Residential Zoning
District which requires a minimum lot area of 5.0 acres and a minimum lot width
of 300'.
3. The Planning Commission reviewed this application at a public hearing held on
January 21, 2014 and recommended approval of the variance based on the
following findings:
a. The Property contains 43,512 square feet (1.0 acre) in area and has 149 feet
in width.
b. Sanitary sewer is not available.
c. The substandard area and width of the Property combined with the location of
the existing home make it difficult to construct conforming additions or
appurtenances.
d. The 8' x 8' deck is located at the rear of the home and is in line with an
existing patio door. Previously a landing existed outside the patio door.
e. The Applicants' request will alleviate a practical difficulty inherent to the
Property and not created by the Applicants.
f. The Applicants' request will not alter the essential character of the
neighborhood and will result in minimal negative impact on adjacent
properties.
g. The Applicants' request is in harmony with the purpose and intent of the
ordinance.
h. The Applicants have demonstrated that enforcing the setback provisions of
the Zoning Ordinance deprive the Applicants of the reasonable use of the
Property.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, 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 the Property are peculiar to
it and do not apply generally to other property in this zoning district; that granting
Page 2 of 5
� o�
O ��� O CITY of ORONO
�
� � -�. � RESOLUTION OF THE CITY COUNCIL
�'� " °��� �� No. 6 3 6 d
��kESH�g'�
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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-395(B) to allow the as-constructed 8' x 8'
deck to remain 34.4 feet from the west side lot line where 50 foot side yard setback is normally
required, subject to the following conditions:
1. Council approval is based on the survey submitted by the Applicants and annotated by
City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan
which are not in conformity with City codes will require further Planning Commission and
City Council review.
2. Authorities granted by this resolution run with the Property not with the Applicants, but
are permissive only and must be exercised by obtaining an after-the-fact building permit
for the new deck and passing the required inspection of deck. An inspection must be
completed within one year of the date of Council approval, or the variance will expire on
that date (February 10, 2015).
3. 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.
4. The undersigned Applicants have read, understand and hereby agree 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.
Adopted by the Orono City Council on the 10h day of February, 2014.
Page 3 of 5
� o�
O ,� O CITY of ORONU
a
� 4� � RESOLUTION OF THE CITY COUNCIL
�
�� ;�`� G,�, NO. � � � /I
`�kESH�g'�
ATTEST:
��a c 6�-z (� ,f�v�'�' �� �
R�.�Tbodge, C y er Lili Tod McMillan, May_or
- s �
f...._
�� �
�r ��= �G�`�Y�-�
�V �� Property Owner(s)
Page4of5
� o�
O ��� _ O CITY of ORONO
a�,
� �' �. � RESOLUTION OF THE CITY COUNCIL
h y G:i
��� , :;�` �G,�, NO. �/, � � A
�kESH�g'
STATE OF MINNESOTA
COUNTY OF HENNEPIN
�
This instrument was acknowledged before me this�( day of ���� , 2014, by
Dale Robert Richardson, husband of Tamara Richardson.
'�' MONICAA.FADNESS �{�,�� '
�r -:: � NOTARY PUBUC-MINNESOTA � �,i 1�_Y1 LCLI�� `
,.a,��,ry��MyCommissionExpiresJan.31.2017 Notary Public
,.,e,2-�-:✓::;�':,>,a_,'.�
STATE OF MINNESOTA
COUNTY OF HENNEPIN
`�
This instrument was acknowledged before me this � day of e�2014 by,
Tamara Richardson, wife of Dale Robert Richardson.
. �
. �., �- �
MONICAA.�ADNESS Notary Public
� ' NOTARY PUBLIC•AIiNNESOTA
... -
.;,.�,a` My Commission F.�ires,l�n.3a,yp17
Page 5 of 5
' CRRTIFICATE OF SURVEY FOR Resolution
DALE RICHARDSON ExhibitA
OF LOT 1 , BLOCK , CHIPPEWA RECEIVED
HENNEPIN COUNTY, MINNESOTA NOV 15 2013
cirr oF oRONo
N 89°26'00"W 149.01 ""
---- b 3 6 4 .
1 2
PROPOSED �od"
SHED �
N
O
O
M N
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O
oE DECK �
i!� 34.4 M
...
� ....................i.
41.7 �
� 28 2 �0 55.3
p ....................�. � 22.1 ............._.....-•••••.................... �
EXIS}T{ING HOUSE �
� � 1i` 4J25 �
Z .........289.......' 416 p
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� ROAD EASEMENT SHOWN E ON COUNTY MAP ro
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t�! �9°26'CO"VV 1��.01 ----
N CHIPPEWA LANE �
N
�_��-��-�_�_���__-�_��
LEGAL DESCRIPTION OF PREMISES'
Lot 1,Block 1,CHIPPEWA
� . denotes iron marker found
o . denotes iron marker set
This survey shows the boundanes of the above described
property and the location of an existing house,deck,and
dnveway thereon It does not purport to show any other
im rovements or encroachments
I hereby certify that this survey, plan,or report was prepared by me SGf LE
GRONBERG&ASSOCIATES,INC. or under me direct supervision and that I am a duly Licensed Land Surveyor 1"=30' ��
CONSUL7ING ENGINEERS,LAND SURVEYORS, Uf1CI@f tI1@ I8W5 Of Ul@ SYBtB Of MlflllBSOtB DA1c
SITE PLANNERS ��I-�-f 3
445 N WILLOW DRIVE �J �� 11-15-'13 O
LONG LAKE,MN 55356 7���'ei;� L JOa NC x
852-073-0741 ��� �
13-412 Mark S.Gronber Minnesota License Number 12755 13-�"- P
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 February l Oth, 2014, 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��day of_����, 2014.
�
��'u—�.�DGP
City Clerk