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Home My WebLink AboutResolution 6055 ,j 41L /ate III Doc No T4869753 Certified, filed and/or recorded on 7/8/11 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 22 Pkg ID 721953 Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 695824 This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-305 FILE NO. 11-3509 O O � CITY of ORONO ti RESOLUTION OF THECITY COUNCIL `9kES80E 4 NO. 5 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-305 FILE NO. 11-3509 WHEREAS, Thomas Radke and Margaret Radke, a married couple (hereinafter "the Applicants") are the owners of the property located at 3424 Eastlake Street within the City of Orono (hereinafter the "City") and legally described as Lot 3, Block 1, Bayside Beach, Hennepin County, Minnesota; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305(B) to allow construction of a second- story addition to the existing home set back 12.5 feet from the north side lot line where a 30-foot side yard setback is normally required and a 12.5 foot setback currently exists; 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 11-3509. 2. The property is located in the LR-lA One Family Lakeshore 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: Page 1 of 4 o,�,. 0 0 CITY of ORONO ti RESOLUTION OF TH�CII 5 COUNCIL `�kESI'i0 NO. a. The property contains 18,180 s.f. (0.42 acre) in area and has 88-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' request will alleviate a practical difficulty inherent to the property and not created by the Applicants. 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 6' x 11.5' second-story addition 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 applicant 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 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 applicant, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 4 0,�,. 0 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SS0 NO. 6 0 5 5 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 78-305 (B) to allow construction of a second-story addition to the existing home set back 12.5 feet from the north side lot line where a 30-foot side yard setback is normally required and a 12.5 foot setback currently exists, 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. No 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 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(June 27, 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. 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. Page 3 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL �`9kESII04� NO. 6 0 5 5 Adopted by the Orono City Council on the 27th day of June, 2011. ATTEST: :::j . Linda S. Vee, City Clerk Lili Tod McMillan, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 7-q day of l�u-ri-Q—>, 2011, by Thomas Radke, husband of Margaret Radke. BARBARA G.SILUS NOTARY PUBLIC r MINNESOTA 'AMD , ;. My Commission Expires Jan.31,2013 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me thisday ofQ�(L , 2011 by Margaret Radke, wife of Thomas Radke. 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P 1 ! 5��5 $� � "xRg R�u4 ONO "M 14€ail t IR3 �S$.7`e.�7`s fi dE;4 i fill v o� S� K� •fly"4 m so q 4 NOT FOR CONSTRUCTION } BLAKE&ASSOCIATES,LLC. ]swe Dee sheep 410 North Franklin Street Stanley,WI 54768 Radke Remodel �•--•----• Architectural Designers Phone 1-800-475 3424 East Lake Street Long Lake,MN • 2 License#7699 fax 952-475 -- 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 June 27, 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, '28th day of June , 2011. City Jerk (Aeal)- k , ,;'