The URL can be used to link to this page

Home My WebLink AboutResolution 5424r 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. .5424 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-395 FILE NO. 06-3166 WHEREAS, Steven R. Jacobson, single (hereinafter "the applicant") is the owner of the property located at 4185 Sixth Avenue North within the City of Orono (hereinafter the "City") and legally described as follows: The west 245.00 feet, as measured at right angles, of that part of the north 25 acres of the Northeast Quarter of the Northeast Quarter of Section 31, Township 118, • Range 23 lying south of County Road No. 6, which was formerly known as State Highway No. 110; also known as PINS No. 31-118-23 110004 (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-395 to allow construction of an addition to the rear of the existing residence, such addition encroaching within 80' of the front lot line where a setback of 100' is normally required, and encroaching within 85' of the rear lot line where a 100' setback is normally required. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #06-3166. 2. The property is located in the RR- lA One Family Rural Residential Zoning District, which requires minimum lot area of 5.0 acres and minimum lot width of 300'. The lot contains 1.02 acres in area, and is 257.9 feet in width. At the house location, the • lot is only 190' deep. Page 1 of 4 CITY of ORONO RESOLUTION OF TyEff�44 COUNCIL NO. 3. The Planning Commission reviewed this application at a public hearing held on January 17, 2006 and recommended approval of the setback variances based on the following findings: a) Overlapping front and rear yard setbacks: The lot is only 140' in depth on the west side and 221' in depth on the east side. When the 100' front and rear yard setbacks are enforced, they overlap resulting in no buildable area. b) Location of existing septic mound: The property is served by a private septic system. The conforming drainfield site is located in the rear yard directly behind the existing garage, further restricting the amount of buildable area. • c) No ability to acquire additional property to become conforming without making a neighbor non -conforming: Due to the area of the property to the west and the amount of wetland existing on the properties to the east and south, no additional property could be acquired without resulting in other properties becoming more non -conforming. d) Approval of variance in 2002 for garage/house addition at a 41' setback where a setback 'of twice that of 2002 is now requested: A variance was approved in 2002 by Resolution #4896 which allowed an even lesser front yard setback than is currently proposed. The proposed addition and deck are in a location that will have no negative visual impact in the neighborhood. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City 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 applicant and owner, but is necessary to alleviate a demonstrable hardship or • 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 • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5424 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 78-395 to allow construction of an addition to the rear of the existing residence, such addition encroaching within 80' of the front lot line where a setback of 100' is normally required, and encroaching within 85' of the rear lot line where a 100' setback is normally required, subject to the following conditions: Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further City Council review. • 2. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (February 13, 2007). 3. 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. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's 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 13th day of February, 2006. ATTEST: X, &- rJ ` Linda S. Vee, City Clerk Barbara A. Peterson, Mayor •- 1_bomm�� (Property Owne ) Page 3 of 4 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCI L NO. 5424 The foregoing instrument was acknowledged before me on this ay of L, 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 9�9 EL DODGE BLICMINNESOTA n Expires Jan. 31, 2010 STATE OF MINNESOTA Notary Public • COUNTY OF HENNEPIN f The foregoing instrument was acknowledged before me on thii?3day of -c-c/ , 2006 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. S41111111 oil �I \, STATE OF MINNESOTA COUNTY OF HENNEPIN 4 '' Notary Public � �n This instrument was acknowledged before me this Jrday of /Y Ct ra— 2006 by Steven R. Jacobson, a single person. RACHEL DODGE NOTARY PUBLIC - MINNESOTA Comission Expires Jan. 31, 2010 • Notary Public Page 4 of 4 �a�ob� ,� � `oa• doom , @rooto N a p.�j Cb 0 oCA Za�� :°� o� I a p oo•� oti CA IQ V5al 0 O Op'`� a0 ao w� by O �o 1• p�'C0� On Z O n (D -4 rt)o C O O. O= �• -The GYest Lime of the GYest 245 ao p ti I Feet of NE 1/4 of NE 1/4. �9�0 "1 ~ ,lb v I . ! ! ! x 50 5325E 140.16 s Q6 ro `•"' w `"° oi90 O co • a1 Q6 Wo b 14 Ob k C a 19, cp Cb + II ro oo ro i\. (Y)�0� O �6 p p b roVQ • 4+• (� VNA c� p b g9-5f X q r J 966 (^ 20.3 1.7 a992.2 yg�9 x�' 4r � o �a V Q 1 ' • b6 QF) o b X66 24.3 a S�l 79 Ici cp •s NO'5325 "Gy 221.07 -- The East Line of the DYest 245 Feet of NE 1/4 of NE 1/4. 69 0Y z • z . o N