HomeMy WebLinkAboutResolution 6058 Doc No A9679731
Certified filed and/or recorded on
8/4/11 11:00 AM
Office of the County Recordeir
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
Jill L. Alverson, County Auditor and Treasurer
Deputy 3 Pkg ID 727556
Doc Name: Variance
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
04�6 NO. 6 0 5 8
A RESOLUTION
GRANTING VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 78-420(B)
FILE NO. 11-3508
WHEREAS, Lee A. Wotipka and Linda A. Wotipka, a married couple
(hereinafter "the Applicants"), are the owners of the property located at 1205 Dickenson Street
within the City of Orono (hereinafter the "City") and legally described as Lots 1, 2 and 3, Block
16, Minnetonka Bluffs, together with that part of the East half of adjoining vacated alley lying
North of the westerly extension of the South line of said Lot 3, Hennepin County, Minnesota;
and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-420 (B) to allow construction of the
following: an open front porch addition and stoop 8-feet from the front lot line where a 50-foot
setback is required and an 8-foot setback currently exists; a two-story addition connecting the
existing home to the detached garage 15.6-feet from the front lot line where a 50-foot setback is
required and a 8-foot setback currently exists; a front yard setback variance to allow a new
second-story over the existing home and connecting addition within the front yard setback; and a
new principal structure setback resulting from the connecting addition 2.2-feet from the west side
lot line where a 30-foot setback is required and a 2.2-foot setback currently exists for the
detached garage; 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 a public hearing on June 20, 2011 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 11-3508.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL�Gti 6 A
`9kESII0 NO. 5 8
2. The property is located in the RR-1B One Family Rural Residential Zoning
District which requires a minimum lot area of 2.0 acres and a minimum lot width
of 200'.
3. The Planning Commission reviewed this application at a public hearing held on
June 20, 2011 and recommended approval of variances based on the following
findings:
a. The property contains 20,364 s.f. (0.47 acre) in area and has 135 feet in width.
b. Sanitary sewer is available.
c. There is no additional land available to bring the lot area into conformity.
d. The Applicants have agreed to remove the paver patio encroachment into the
property to the west.
e. The Applicants have submitted an engineering report on the ability for the
existing foundation to support the proposed additions. This report was
deemed satisfactory by the Building Official.
f. The Applicants have modified their proposal based on direction given by Staff
and the Planning Commission to relocate the proposed shed to a conforming
location on the property; to remove the existing enclosed, front entry and
modify the east porch stair.
g. The Applicants' request will alleviate a practical difficulty inherent to the
property and not created by the Applicants.
h. The Applicants' request will not alter the essential character of the
neighborhood and will result in minimal negative impact on adjacent
properties.
i. The Applicants' request is in harmony with the purpose and intent of the
ordinance.
j. The Applicants have demonstrated that enforcing the provisions of the Zoning
Ordinance deprive the Applicants of the reasonable use of their property.
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL~ 6058
`9kESI;04' NO.
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 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.
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 78-420 (B) to allow construction of an open
front porch addition and stoop 8-feet from the front lot line where a 50-foot setback is required
and an 8-foot setback currently exists; a two-story addition connecting the existing home to the
detached garage 15.6-feet from the front lot line where a 50-foot setback is required and a 8-foot
setback currently exists; a front yard setback variance to allow a new second-story over the
existing home and connecting addition within the front yard setback; and a new principal
structure setback resulting from the connecting addition 2.2-feet from the west side lot line
where a 30-foot setback is required and a 2.2-foot setback currently exists for the detached
garage, 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 A & B. Any
amendments to the site plan which are not in conformity with City codes will require
further Planning Commission and City Council review.
2. The Applicants shall remove the paver patio encroachment on the west property line prior
to the framing inspection for the addition.
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 building permit for the new
construction and commencing construction of said project. A framing inspection must be
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�`9kES80 NO. 6 0 5 R
completed within one year of the date of Council approval, or the variance will expire on
that date (July 11, 2012).
4. 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.
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 11th day of July, 2011.
ATTP-ST:
Linda 5,-- �e,:City Clerk Lili Tod McMillan, Mayor
roperty Owner
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_e CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
L`�kESI;0 NO. 6 0 5
STATE OF MINNESOTA
COUNTY OF HENNEPIN ,,fir
This instrument was acknowledged before me this i day of , 2011,by
Lee A. Wotipka, husband of Linda A. Wotipka.
RACHEL DODGE
NOTARY PUBLIC-MINNESOTA �#� /�
My Commission Expires Jan.31,2015 Z Q�
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this ay off Vt , 2011 by,
Linda A. Wotipka, wife of Lee A. Wotipka.
RACHEL DODGE
4�t-V-a b
NOTARY PUBLIC-MINNESOTA Notary Public
My Commission Expires Jan.31,2015
Page 5 of 5
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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 July 11, 2011,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 15th day of July , 2011.
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