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Home My WebLink AboutResolution 5317 Doc No 8792421 05/10/2006 03:59 M Certified filed and or recorded on a, date: Office of the County Recorder Hennepin County, Minneso Michael H. Cunniff, County Rec rder Deputy 5 TranslD 217 9 Fees $35,50 DOC �5 3��L $10.50 SUR $46.00 Total RESOLUTION NO. 5317 GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-420(B) FILE NO; 05-3092 7' O O O CITY of ORONO Aq ti ti RESOLUTION OF THE CITY COUNCIL �L9kESII0 NO. & 1 .1 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-420(B) FILE NO. 05-3092 WHEREAS, Mathew L. Hofmann and Michelle Hofmann, husband and wife (hereinafter "the applicants") are the owners of the property located at 1225 Dickinson Street within the City of Orono (hereinafter the "City") and legally described as follows: Lots 9, 10, 11, and 12, Block 16, including the adjacent half of the vacated alley, Minnetonka Bluffs, Hennepin County, Minnesota (hereinafter the "property"); 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 lot width, lot area and side street setback variances for construction of a new residence. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 05-3092. 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 in area and a minimum lot width of 200'. 3. The property contains 27,086 s.f. or 0.62 acre in area and 135' in width. 4. The Zoning Code requires a side street setback of 50' in the RR-1B Zoning District. 5. The Planning Commission reviewed this application at a public hearing held on March 21, 2005 and recommended approval of variances based on the following findings: Page 1 of 5 O O CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL `9kESYiONO. VB 1 a. No additional land is available for acquisition by the applicants to make the property conforming in area. b. The property is served with municipal sewer. A single family residence has existed on the property for many years. c. The size of the proposed residence and property is consistent with other approved development in the neighborhood. d. The applicants have agreed to a self imposed 30% hardcover limit although the property is located in the 500' — 1000' hardcover zone. e. The proposed 30' side street setback is supported by the small size of the lot and because the 30' setback will not be inconsistent with that of other homes in the Minnetonka Bluffs neighborhood. The side street is a dead end serving two other homes. 6. 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. 7. 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 demonstrable hardship or 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 Subdivision B to allow lot width, lot area, and side street setback variances in order to construct a new single family residence, subject to the following conditions: Page 2 of 5 � O _V O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL S0 NO. is R i 'i 1. Council approval is based on. the site plan submitted by the applicants 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 Planning Commission and City Council review. 2. Hardcover in the 500' — 1000' zone shall not increase above the level of 8,125.8 s.f. or 30%. Applicants 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. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by inspection of the Demolition Permit. 5. 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 within one year of the date of Council approval, or the variance will expire on that date (April 25, 2006). 6. 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. 7. The undersigned applicants have read, understood 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 25th day of April, 2005. Page 3 of 5 0 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL SD4 NO. 5 1 .`� Clerk Barbara A. Peterson, Mayor MA ,Gr Property Own r(� STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of ` 2005 by Barbaro. A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE Notary Public NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2010 Page 4 of 5 o , o CITY of ORONO RESOLUTION OF THE CITY COUNCIL �4kES8D4� NO. � t� � f STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this u;_Jday of _l 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporatior and said instrument was executed on behalf of the City. l RACHEL DODGE 1l NOTARYPUBLIC-MINNESOTA Notary Public My Commission Expires Jan.31,2010 STATE OF MINNESOTA COUNTY OF HENNEPIN F This instrument was acknowledged before me this day of 2005 by Mathew L. Hofmann, husband of Michelle Hofmann. k RACHEL DODGE 1" NOTARY PUBLIC-MINNESOTA Notary Public ;;,,;, .> My Commission Expires Jan.31,2010 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of d E 20'05 by Michelle Hofmann, wife of Mathew L. Hofmann. RACHEL DODGE NOTARYPUBLIC -MINN ESOTA {° Notary Public so Fxr�ires Jan.31,2010 , Page 5 of 5 BENCH MARK DICKENSON STREET s 1 SANITARY SEWER MH RIM ELEV=972.00 INVERT E 961.98 — — _ — — — -7— —./ r .. , / EDGE'OF:BITU 135.48 N90'00'00"E / 1fOUND PINCH-TOP �k7 8:,, t•_„ /a: X J EXIS T r� 65.9 971 ! Eris dG RESIDENCE W rr \ } PROPOSEp SIDEWI'LK ` � 33.4 6.7 •io.c 'PR SANITARY SEWER MH \ I M: �j ty ob44- s _ HIt RIM ELEV=968.96 s \ 7 N pyoOSED_DRIVEWAY i PROPOSED DWELLING% 9 `.9 0 I' + r ,y5. `� � 60' 67.5 . ,,:• r, �� x J-� k g f/-w* O� --- X - 963.5 �N \ ------ _ OPOSED•'' PROPOSED / rn b..._ ,8 95e` p — — 'mss' _ r•a's-�-.'— Pft'OPOSED a CANTILEVER I 967PR O / fY DE / ' 30 r `'965. / 50,' w . - WI 0LDING;�SET84& (TYP) _ APPROXIMATE EDGE Of / 'o BRUSHY AREA / cj'O a 41 AV i' 135.48Fc ' / g S9d'00'90"W i LIGHT POST / ON,CbRNER , - --958-'`•' ' 1. o, ---957-� 2 + STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed Deputy 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 April 25, 2005,with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such Deputy City Clerk and the Corporate seal of the City this/day of / ter, , 2006 C9C C Vey Deputy City Clerk 40�4 "f i r f e NAS 5