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Home My WebLink AboutResolution 5398 ; � .�'. . . � O " • • O �, O g CITY of ORONO � � � � ��. ti ti RESOLUTION OF THE CITY COUNCIL ��`�kEsKOg'�G rvo. 5 3 9 8 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-420(B) FILE NO. 05-3157 � WHEREAS, Sara Moos, a single person (hereinafter "the applicant") is the owner of the property located at 2160 Webber Hills Road witlun the City of Orono (hereinafter tlle"City") and legally described as follows: Lot 2, Block 2, Webber Hills, Hennepin County, Minnesota (hereinafter � the "property"); and . ! WHEREAS,the applicant has made application to the City of Orono for a " � variance to Orono Municipal Zoning Code Section 78-420(B) to allow a front yard � setback of 43.9' where 50' is required and 44.4' currently exists in order to construct � additions to the existing home coiisisting of a 12' westward addition of the existing footprint and a 2"a story addition above portions of the existing home. NOW, 'T�IE�tEFORE BE I'd' �SOLVEI) by the City Council of Orono, Minnesota: FINDINGS . � 1. This application was reviewed as Zoning File OS-3157. 2. The property is located in the RR-1B, Zoning District wluch requires a minimum lot area of 2 acres and a minimum lot width of 200'. 3. Tl1e Planning Commission reviewed this application at a public hearing held on October 17, 2005 and recommended approval of the front yard setback variances for the home additions based on the following fiizdings: a. The applicant's property is 1.05 acre in area and 180' ii1 width. � � • b. There is no additional land available for acquisition by the applicant to � make the property conforming. Page 1 of 4 , � � � O " • . • O �, O . � CITY of ORONO ,� ., , �, r ti �� G'�' RESOLUTION OFTHE�3�C�OUNCIL `�kES�rIO� NO. . . c. The proposal will not have a negative impact on light, air or open . � space within the neighborhood. d. The proposed additions are not out of character for the imrnediate �. neighborhood. 4. The City Council has considered this application including the findings and recommendation 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, 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 tlie City. CONCLUSIONS, ORDER ANI) 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 (B) to allow a front . � yard setbacic of 43.9' where 50' is required and 44.4' currently exists in order to construct additions to the existing home consisting of a 12' westward addition of the existing footprint and a 2"a story addition above portions of the existing home, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and amlotated by City staff, attached to this Resohition 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. Authorities granted by this resolution run with the property not with the applicant, � ` but are permissive only and must be exercised by obtainin� a building peiznit for . � : the new construction within one year of the date of Council approval, or the � . variance will expire on that date (Noveinber 14, 2006). � : �� . ' Page 2 of 4 . . � O� . O �. O - � C ITY of ORONO � -- ; - � � ti ti RESOLUTION OF THE CITY COUNCIL ��kESI�O�� NO. U 3. Violation of or non-compliance with any of the terms and conditions �of this resolution sl�all 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 tlle recording of this resolution in the chain of title of the property. . Adopted by the Orono Ciiy Council on the 14`h day of November, 2005. ATTEST: • << � . � . . Linda S. Vee, City Clerk Barbara A. Peterson,�Mayor C� � Property Owner � • Page 3 of 4 � . , . � O� � O � O C ITY of URONU . � -- : � � a � ti RESOLUTION OF THE CITY COUNCIL ��`�k'EsH.og'�G NO. 5 3 9 � STATE OF MINNESOTA COUNTY OF HENNEPIN � � The foregoing instrument was acicnowledged before me on this /`��'day of � o � �, 2005 by Barbara A. Petersoiz, Mayor of the City of Orono, a Miruiesota municipal corporation and said instrument was executed on behalf of the City. U/� �-� ��°`��-� RACHEL DODGE Notary Public ' NOTARY PUBLIC-MINNESOTA •,;,,;:� My Commission Expires Jan.31,2010 • STATE OF MINNESOTA � COUNTY OF HENNEPIN �- The foregoing instrument was acknowledged before me on this �L�S day of ,, v� e�, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Mirulesota mumcipal corporation and said instrument was executed on behalf of the City. , RACHEL DODGE �-`��°`'"'�`�� /��--- ;, NOTARY PUBLIC-MINNESOTA Notary Public � . •:;,,,•� My Commission Expires Jan.31,2010 � STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acicnowledged before me this�day of b��, 2005 by Sara Moos„a single person. a- :.� - - � , DENISE M. LESKINEN . — .. NOTARY PUBLIC-MINNESOTA Notar_y Public `�;;s::� My Commission Expires Jan.31,2010 . • . , � Page 4�of 4 ��` � v�`��i �' � � s � FD �RN��-s �� . . .�� • 1g��2 eas �J`� 1g1�1 m � g°5g��g, . Na 539 � . , . , , ,, , . ,, . , �, . , , , � �. J �� J �` 2 � `� � `, W �� m , m `, W , � � `,, � . 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