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Home My WebLink AboutResolution 6371 � o� O N O CITY of ORONO ��1_,< � =�'� � RESOLUTION OF THE CIT COUNCIL ,� > ..��:� �, 6 3 7 �r � � ; G'�' NO. ��kESH�g'� A RESOLUTION GRANTING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-420 FILE NO. 14-3650 WHEREAS, Donald Davidson and Joanne Davidson, a married couple (hereinafter "the Appficants") are the owners of the property located at 568 Keene Avenue within the City of Orono (hereinafter the "City") and legaliy described as: Lots 6, 7 & 8, Block 16, Minnetonka Bluffs, together with that part of the West half of adjoining vacated alley lying South of the Easterly extension of the North fine of said Lot 8, Hennepin County Minnesota (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for a variance from Orono Munic�pal Zoning Code Section 78-420 to alfow construction of an addition over an existing deck on the existing home 41 feet from the rear property line where a 50 foot setback is require�; and 41 feet from the south side street property line where a 50 foot setback is required, and WHEREAS, after due pubfished notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, a public hearing was held by the Orono Planning �ommission on February 18, 2014 at which times all persons desiring to be neard 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 number 14-3650. 2. The Property is located in the RR-1 B One Family Rural Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum fot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on February 18, 2014 and voted 5 for and 0 against on a motion to approve the setback variances. The Planning Commission finds that the following factors support the granting of the requested variances: Page 1 of 4 � o� � O �! O CITY of ORONO �� A � - °�' ' � RESOLUTION OF THE CITY COUNCIL ,� '�a az� �� '� � �,��' No. f� 3 7 1 �x'ESHo4� a. The Property contains 22,578 square feet in area and has a defined width of 176 feet at the 50' setback. It does not conform to the 2 acre minimum lot size or width of the RR-1 B district. b. With a total of 30% overall hardcover, the Property will be under and conform to the hardcover limitations of a Tier 3 lot where 35% is permitted. c. The Applicants' proposal is within the existing footprint and does not result in an increase of the structural coverage level. d. The Applicants' proposal will alleviate the home's water leakage issue without altering the essential character of the neighborhood and will result in minimal or no negative impact on adjacent properties. e. The Applicants' request is in harmony with the purpose and intent of the ordinance. f. The Applicants have demonstrated that enforcing the 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 Commission; reports by City staff, comments by the Applicants and tne 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 aftect 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 alieviate 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� O �� O CITY of ORONO �a�_ � � °�.�4�. � RESOLUTION OF �Fi� C,I� COUNCIL �� G'�' NO. � ( �kESHO�' CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipai Zoning Code Section 78-420 to allow construction of an addition over an existing deck on the existing home 41 feet from the rear property line where a 50 foot setback is required; and 41 feet from the south side street property line where a 50 foot setback is required; subject to the following conditions: 1. Council approval is based on the survey and building pians submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the approved survey or buiiding plans which are not in conformity with City coaes wiil require further Planning Comrnission and City Council review. 2. Proposed hardcover levels are conforming to the Tier 3 standards; structural coverage limitations will also be mpt. No structural coverage or hardcover variances are granted. 3. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a permit for the addition and commencing construction of said project within one year of the date of Councii approval, or the variances will expire on that date (March 10, 2015). 4. Vio{ation 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. 5 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 10th day of March, 2014. ATTEST: .�- �� < <� < < IJG�t-1�-- ..�:� -'�� /{(��// � A _ �.. Rachel Dodge, City Clerk 4 Lili Tod McMillan, Mayor Page 3 of 4 � o� O � O CITY of ORONO �,�, - �-3 �- ,�;; � RESOLUTION OF THE CITY COUNCIL �'�� ,�� .��° �� No. 6 3 7 1 �kESH�g'� � .��z�� - Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this �day of /��, �,c•_ �. , 2014, by Donald Davidson, husband of Joanne Davidson. � � ' ; ry _� �J �� Not ry Public � �-�, NORMA J.SCHNOOR = Notary Public Minnesota My ommission Expires January 31,2015 STATE OF MINNESOTA COUNTY OF HENNEPIN . This instrument was acknowledged before me this ��l day of � r - , 2014, by, Joanne Davidson, wife of Donald Davidson. '^� r� `� � J�'��_- J �'Z✓ Not y Pubiic � i� NORMAJ.SCHNOpR ` Notary Public MY ommission Expires Ja uatry 31,2015 Pa�e 4 of 4 Resolution � � ' ' Exhibit A 6371 CERTIFICATE OF SURVEY FOR DONALD AND JOANNE DAVIDSON IN LOTS 6, 7 & 8, BLOCK 16, MINNETONKA BLUFFS AND 1/2 OF VACATED ALLEY HENNEPIN COUNTY, MINNESOTA � i '-' i i � 60 N 88°41'00"W 135.54 � � I I I � � � s� �z �s j e 6� � CONCflETE (�j � I I �g I � I °' BUG(�W OR�/EWAY � I � � CANCREfE �C� (u I I � L� � Y� m4. �� p�6 I � I �g� S I:. I � � �� ^o�H� {:'.�I � �I � I LL �� I _.�_ �D9,1_�:; r I LL — �_ __ ." • �I I � / co,a \ � �'. � �w I I �i ,��B �� (� o �� (�) � N� i ° �: �E��C�G _ I�::_"I I � � 9� �� '��'�'S6� (A) ��"`� � I Z � B �o 'k ) �' �' � p ��VEW � �3B �.v I I W N (��AY w�4 S eto PROPbSED I.::. � I � ' ___ y�'r '�°yy�d__�yo _ �- ADDITION I I � � N (E)��NCeET� [iyy N�'�B J \�GO � ry ��_i I � � ',I � ]03 218�W� � �'y�5� d � � I i I W � rJ I � I Z w 5�0 ' �I // � � I / I W O _ 9 I f I Y � I � � � N I O ' Z QO I ///. i ,�3� �Ol �� i i �9�2� �� /��. � 5� �P ,�,. { � i60 '( '� ��' � i � `�� /�� , � �. �� . i 5�� ' 0 2a ao ao � i Fp� . �� ~'� � r—�+ � �.�� SCALE IN FEET I �i� I i �� i � i� LEG:+L DCSCRIPTI^vN GF PRc�1�SE4°.UR`:EYED i i� � Lots 6,7 and B,Block 16,Minneronka Bluffs,together with that part � of the West half of ad�oinmg vacated alley lying South of the Eastedy � �i� eMension of the North line of sa�d Lot B i� � This survey shows Ne bountlanes and topogrephy of the above descnbed property, ' �� the locatwn of an existing house dnveweys deck ana other visible"hardcover"thereoq �i and Ne proposed IocaGon of a proposed addRion It does not purport to show any other � improvements or encroachments � Iron marker found o Iron marker set ._�_ Exis6ng contour hne per our shots Beanngs shown are based upon an assumed datum � NOTE Accuracy of hardover loca�on,and eMent of add:6onal hardcoaei is hmrted by ice and snow cover I�ereby certify Nat lhis survey,plai ar report 'c°'E s�c�.eo q�g�ON onre oescemrron GRONBERG 8 ASSOCIATES,INC. ,,,as erean m orunaerm d�rectsu r'=m' PreP Y Y Y pervision CONSULTING ENGINEERS,LlWO SURVEYORS, �d ihat 1 am e tluly Ucensed Lend Surva�ror u�Wer --o:.r Ne laws of lhe State ef Minnesota oHrwn SITF PLNJNERS 7:0-�4 445 N WILLOW DR LONG L4KE.MN 55356 :oe no � cNEcnEo 952-473�4747 i4u1n DATE1'l�"'�y MNLICENSENUMbEP lL7ff ,<-0,a RECEIVED �iAP� 29 2014 N cirr oF oRONo � G � p � � ' � � N c Resolution � z � Exhibit B � � � 637 1 � �_.-� € �€ " y� p �E � � �e'e�� , $a�$II3 �� m �� '�oj ��./'`?QI�`Y � ��$��6f�$e�339ro tGS6��S�g�'0�5 im � � � ° �f @ � �8�u �$��r#�t�-�' :F�� `�Y9�� E � �� = gg v ��gS� 1�tOi1�i��1SNG� SnQi�ll� � g3��x �ye �� 3�:� � � �� t � # i � $¢ e�wuam�.+wu� ��`�&E400�9��i` �� p � 5��4o'a D4 � I a� �^ � LL �� 3 a�V�F� .O.YI � .o-,� , Z � 3� .0,: � �OR' �\N � } - 4YA3 F.GxA• S I ��e�-ar�s��4+�a � u � � - b v h�� md � O a� ``�` �n 4 i ' !s m '�--ec x 2. 3. a a �� p m cs„ '�*• +�� `1 � .. X � °'A7M � `i � n �y r11 � 6x1 � _' _ _'_ ,.z iiY = ' � }----- � ?n^:.7` J,Ah'I-£ :'S+"..z � � �� oa A 4 I s o4 � mo "� > � � � 0�� c� � e4 R'IL3 �l i SV �/� � � c � ag� Is � f m N „� I y � =�q � 60 0 00 � � €� �m� � €� �uo� N� � ,:,,, '�,*�,,-�£ m N�g �m F' ° m't�;� � ��' F � g� � �`° `m �&_ —F � _+' . ' = .;::t� �'�� .-cv� 4�° u�amn�> @ '�o � f � +�m�y,'+* .•J N� m � W 9••c 0 O ..�. C' � �� s3�o 3�� > � °m��O �?a 4ti,.�:�,r:.�:.;� ��'• fl-m m°y m_ ��m=9� t Y � - q u1�iS z�L �� mu'S?.:L_- - `�� *,��' � I `I � � 4= •.�.;:�."' ." � i I I f ( �� , � � � W�� ; ; i, i 4 I ` I I I I � - � la J � � _ �� o� �� a � / � w� g� rn�X J \J 41 � \ 9.. �A�p $3 0 0 T �j R' � � � � � � � � � LL �a �� I �°" �aml �n� ! � � o � \ u�ro= wm-1 wl� � I � �'� ua �' � � � � � � y �-4 `� I _G 4 � i �� .v�o-,i •+c:-� � �� 4 I �s �� .wre i ,wr.s � �i � $ � �4 � � � 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 March 10, 2014, with the original thereof on file in my office, and the same is a correct transcription thereof. WI�'NESS my hand officially as such City Clerk and the corporate seal of the City this�day of� � , 2014. �--,��- � �e� ,�C�c� City Clerk