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Home My WebLink AboutResolution 5571 a � O� � O O � �� C ITY of ORONO S A- � •, � . Y7 n � �� G~' RESOLUTION OF THE CITY COUNCIL `�kEsKO�` rva 5 5 �' 1 . A RESOLUTION GRANTING A VARIANCE TO MUNICTPAL ZONING CODE SECTION 78-1288 AND �1" REVISING RESOLUTION NO. 4764 FILE No. 07-3256 WHEREAS, Matthew A. and Kathleen M. Dolliff, husband and wife, (hereinafter"Owners") are the owners of the property located at 2680 Pheasant Road within the City of Orono (hereinafter "City") and legally described as: Lot 20, Pheasant Lawn, Heiuiepin County,Minnesota(hereinafter "the property"); and WHEREAS, the Owners have made application to the City for a variance to � Muiucipal Zoning Code Section 78-1288 to revise the hardcover variance granted in zoning file #02-2754 so they may construct a third garage stall while maintaining the approved amount of hardcover, 34.19% in the 75 to 250 foot zone, when the maximum is 25 percent; and � ' � WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing �n January 16, 2007, at which time all persons desiring to be heaxd concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, SE IT RESOLVEI) by the City Council of Orono, Minnesota: FINI)INGS 1. This application was reviewed as Zoning File#07-3256. 2. The property is located in the LR-1B zoning district, where 1 acre is the minimum lot area and 140 feet is the minimum lot width. The property is • approximately 0.79 acre in area and 99 feet in width. 3. The Planning Commission reviewed this application on January 16, 2007 and � on a vote of 7 - 0 recominended approval of the variance, based on the _ following findings: Page 1 of 5 0�,�. � � � � � . �� CITY of ORONU ,� �, , ti �� G~' RESOLUTION OF THE CITY COUNCIL ��kESSOg'� NO. '� e y , � a. The hardcover being removed is farther from the lake than the hardcover being added. . b. The Owners have agreed to the additional reduction in hardcover recommended by Staff so the amount of hardcover would actually be reduced. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, coinments by the applicants and the public, and the effect of t11e proposed variance on the health, safety aiid welfare of the community. 5. The City Council finds that the conditions existing on this property axe 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 Owners, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owners; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCL�JSIONS, OI2DER ANID CONDITI4NS Based upon the above findings, the Orono City Council hereby g�-ants a variaiice to Orono Municipal Zoning Code Section 78-1288 revising the hardcover variance granted by Resolution No. 4764 to allow a garage addition, subject to the following conditions: 1. Council approval is based on the site and house plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits A. and B. Any amendments to these plans may require further Planning Coinmission and City Council review. 2. Hardcover in the 0-75' zone shall be limited to 0 s.f. or 0%. Hardcover in the • 75-250' zone shall be limited to 6,324 s.f. or 34.02%. Hardcover in the 250- 500' zone shall be liinited to 984 s.f. or 12% per the proposed site plan. The Page 2 of 5 . � o� � � o 0 �� CITY of ORONO 9 � � � _ 1�'/ � RESOLUTION OF TH CITY COUNC�L ��l , �G~ � `�kEsK.o�' ruo. �5 r 1 . Owners are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. The Owners shall not place any plastic or fabric liner material under any landscaping areas on the property to ensure their permeability as non- hardcover surfaces. 4. Authorities granted by this resolution run with the property not with the owners, but axe permissive only and must be exercised by obtaining a building permit for the new construction before January 22, 2008 or the variance will expire on that date. � 5. 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. . 6. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on belialf of their 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 this 22nd day of Ja�ivary, 2007. ATTEST: �� ,�� yLinda S. Vee, City Clerk a s M. White, Mayor Matthew . if Kathleen M. Dolliff , Pa�e 3 of 5 O,�. � . . � � � �� C ITY of ORONO ,� s . : �, , ti �� G~' RESOLUTION OF THE CITY COUNCIL `9k'ES�I�g' NO. � � 5 � � � . STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acicnowledged before me on this�2�ay o , 2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal co oration and said instrument was executed on behalf of the City. ,,.�� LINDA S.VEE `` •�� NOTARY PUBLIC-MINNESOTA �r //� � l/ a;y �' �,or;�eiission Expires Jan.31,2010 "' �°'� °'�"'' -• ot yPublic � STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing instnunent was aclmowledged before me on this o�� day of ` �a��2007 by Linda S. Vee, City Clerk of the City of Orono, a Mimzesota municipal orporation and said instrument was executed on behalf of the City. � �.�� - � . � RACHELDODGE ; NOTARY PUBLIC-MINNESOTA NOt1T}r PL1bi1C � ,,,;.' My Commission Expires Jan.31,2010 • Page4of5 � O� � 0 � � �� C ITY of ORONO � � -: ; � , ti �'�� G~' RESOLUTION OF T��I�Y�COUNC�L `�kEsBOg' NO. � STATE OF MINNESOTA COUNTY OF HENNEPIN . This instrument was acknowledged before me this�day of , 2007 by Matthew A. Dolliff, husband of Kathleen M. Dolhff. . BARBARA G.SILUS , ��' NOTARY PUBLIC-MINNESOTA ;;,,;:. My Commission Expires Jan.31,2008 �� ` Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN � � This instrument was acknowledged before me this_�day of �C- ' , .2007 by Kathleen M. Dolliff, wife of Matthew A. Dolliff. �� OD�' RACHEL DODGE Notary Public � NOTARY PUBLIC-MINNESOTA �:,,,;: My Commission Expires Jan.31,2010 • Page 5 of 5 . • ZONING FILE N0. 07-3256 EXHIBIT A , RESOLUTION N0. � � � �' � ,.� _. , . . � \ � • � � / �� o � � ` � � � � � � � r „ . � . 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