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Home My WebLink AboutResolution 5594 . ► , ,. • � O� . . . . � O O �� ^ CITY of. ORONO � � � . . ., . . � . �� G'�' RESOLUTION OF THE CITY COUNCIL L�kESI3�g'� � NO. 5 5 9 � A RESOLUTION GRANTING A VA.RIANCE TO MU1vICIPAL ZONING CODE . SECTION 78-350 FILE NO. 07-3269 WHEREAS, Sharon V. Evans, a single'person, (hereinafter "Owner") is the owner of the property located at 1380 Railroad Avenue within the City of Orono (hereinafter "City") and legally described as: That part of the Northeast Quarter of the Southwest Quarter of Section 10, Township 117, Range 23, Hennepin County, Minnesota described as follows: • Commencing at the southwest corner of Lot 6, Elbridge S. Barnes' First Subdivision in Section 10, Township 117, Range 23 according to the recorded � , plat thereof; thence southwesterly along the easterly right of way line of Burlington Northern Railroad 297.93 feet; thence southeasterly at right angles 40.00 feet to the easterly line of Railroad Avenue, which is the point of • begiruling; thence northeasterly at a right angle 100.87 feet; thence • southeasterly at a right angle 125.00 feet; thence southwesterly at a right angle 101.05 feet; thence northwesterly 125.00 feet to the poult of beginniilg. Hennepin County,Minnesota(hereinafter "the property"); and WHEREAS, the Owner has made application to the City for a variance to . ' Municipal Zoning Code Section 78-350 for the following setback variances in order to construct an addition to the house: A ten foot setback from the southerly side property line when a 30 foot setback is required. A setback of 31 feet from the right of way of Rai�road Avenue when a 50 foot setback is required. A 42 foot setback-froin the rear property line . when a 50 foot setback is required; 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 on March 19, 2007, 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: � � Page 1 of 5 ' '- , ' � O _Y � O ' O � CITY of ORONO � - , - � , ti ti RESOLUTION OF THE CITY COUNC�L ��`�k'EsH.Og'�G NO. 5 5 9 4 . . FINDINGS 1. This application was reviewed as Zoning File#07-3269. 2. The property is located in the LR-lA zoning district, where 2 acres is the minimum lot area and 200 feet is the minimum lot width. The property is approximately 0.29 acre in area and 100.87 feet in width. 3. The Planning Commission reviewed this application on March 19, 2007 and on a vote of 7 - 0 recommended approval of the variances,based on the following findings: a. The substandard size of the lot severely limits the size and placement of a house on the lot. � b. The existing house would remain intact with only minor interior changes. c. .The existing house is only 646 square feet. The proposed addition will add 1,400 square feet of living space. d. The existing garage is only 210 square feet and is located three feet from Railroad Avenue and 1.6 feet from the adjacent property line. This garage would be removed. A two-car garage would be part of the addition. . 4. The City Council has considered this application including••the fi�dings�and . �Y_..�. recommendation of the Planning Commission, reports liy Cit}�staff,�comments�� '�`�=':°.°} by the applicant 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 Owner, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owner; and would be in keeping with the spirit and intent . of the Zoning Code and Comprehensive Plan of the City. . . - . Page 2 of 5 1 I 1 , - � O� � O �` O . � C ITY of ORON4 ,� :. , � , ti ti RESOLUTION OF THE CITY COUNCIL ��`9kEsi'iUg'�G No. 5 5 9 4 . CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-350 to allow a setback of ten feet from the southerly side property line, a setback of 31 feet from the right of way of Railroad Avenue, and a setback of� 42 feet from the rear property line, subject to the following conditions: 1. Council approval is based on the site and house plans submitted by the owner and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to these plans may require further Planning Commission and City Council review. � • 2. Hardcover shall not exceed levels permitted by Orono Municipal Zoning Code Section 78-1288. . 3. Authorities granted by this resolution run with the property not with the Owner, but are pernussive only and must be exercised by obtaining a building . permit for the new construction before March 26, 2008 or the variance will expire on that date. 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 Owner has read, understood and hereby agrees to the terms of this resolution and on behalf of her heirs, successors and assigns,hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 26th day of March, 2007. • . . . Page 3 of 5 � : � � � o� � � � ° C ITY of ORONO � --- �. _ � 5 � ti RESOLUTION OF THE CITY COUNCIL ��`�kEsK.og'�G � . rvo. 5 5 9 4 . ATTEST: - - - , �i( . l�.J d� A - `� Linda S. Vee, City Clerk J es M. White,Mayor (/- �{J'Ct-,�� haron V. Evans � STATE OF MINNESOTA � � COUNTY OF HENNEPIN The foregoing instnunent was acknowledged before me on this�day of��% , 2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal corpo atf ion � and said instrument was executed on behalf of the City. G� �l Not�ry'Publi � . JACQ�l�LYN M.YOUNG � ��ary t��.�h!!c-l�innesota STATE OF MINNESOTA .�.� MY Camrn(scltsa E�+!ros Jen 31,�o�o . COUNTY OF HENNEPIN `�.��.`- The foregoing instrument was acknowledged before me on this day of rl I , 2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE � �(,Q _ .; NOTARY PUBLIC-MINNESOTA Notar Public . �:;,,;:� My Commission Expires Jan.31,2010 y � Page 4 of 5 � . � °� • � ,. ° - � CITY of ORONO ,� � , - ti RESOLUTION OF T C TY COUNCIL ~ 5"� � 4 ��`�k'ESfI�g'�G NO. . STATE OF MINNESOTA � � COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of , 2007 by Sharon V. Evans, a single person. � BARBARA G.SILUS �� _ _ _ ; NOTARY PUBLIC-MINNESOTA NOtSYy PUbll `� ;.,,;::.` My Commission Expires Jan.31,2008 • i • Page 5 of 5 � � •- � • � • ZONING FILE NO.07-3269 EXHIBIT A RESOLUTION No. 5 5 9 4 . oo•sa� ��N��jt.��~Nr�)�� M H � � h` yy � �Y 5F Q � m ' M: Q" .`.: pn �` ^ � J � a W : •� � V � w N � � Z\��\��\��2 . . Q ��. 0.. . � � � �0'SZl - . o•+t � + . . - � CTn R� � tl�R�•� � � ' � , �oi-,�c . a+t� � a � • � � - � � o. _ � , �R ' N �91 ,`�.� - r .. � ¢ ��\�:`. Q Q J , , - � . � tl O �:•� � Q Q . Q �M � a. �- Z ::: � ,_, W • - w � � . . Z � , � p ¢ Z' � ¢ ' O � .. . � , J Z 00'SZl Q � � _ . m A . � . . � ' ^an�7 ��.�.J r • ` C� 59 ZONING FILE NO.07-3269 EXHIBIT B�1 RESOLUTION NO. `� � _ ' , F • o �';; ''�'` :'�,•'`:;,�.`;: . ;.,- :'s.• • � a a� . aaoa � :,,,..:;:.f:� � �� a��a . �r��.�� :�:: � ��aa �� 'r I.`�� '�� '�� . . �;,', . 'i�'�'. 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