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Home My WebLink AboutResolution 5212 � O� • O � '� CITY of ORONO � r� • r" . � H ti RESOLUTION OF THE CITY COUNCIL ��`�kEsBOg'�G NO. ''� � 1 °� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-395 (B) FILE NO. 04-3036 WHEREAS, James F. Brooks, a single person (hereinafter "the applicant") is the owner of the property located at 3785 Watertown Road within the City of Orono (hereinafter the"City") and legally described as follows: That part of the Southwest Quarter of the Southwest Quarter of Section 32, Township 118 North, Range 23 West of the 5`h Principal Meridian described as follows: Beginning at the Southeast corner of said Southwest Quarter of the Southwest Quarter; thence north along the East line of said Southwest Quarter of � the Southwest Quarter a distance of 1197.83 feet to the centerline of Watertown Road (formerly County Road 45); thence northwesterly along said centerline of Watertown Road a distance of 118.8 feet; thence south and parallel to the East line of said Southwest Quarter of the Southwest Quarter a distance of 1242.93 feet more or less to the South line of said Section 32; thence east along the South line of said Section 32, a distance of 109.1 feet to the point of beginning. � (hereina$er the"property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-395 (B)to allow construction of an attached two-car garage measuring 22' x 24' in front of the existing single stall garage, to be located 12' from the east side lot line where a setback of 14.4' currently exists and 50' is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#04-3036. • 2. The property is located in the RR — lA zoning district, which requires a minimum lot area of 5 acres, 300 feet of width, and 50 foot side yard Page 1 of 5 � � °� � � 0 0 � �� CITY of ORONO s � -- : . � ti ti RESOLUTION OF THE CITY COUNCIL ��9 4��G NO. � � �. � . kES�I� setbacks. The applicant's property contains 2.914 acres, 118.29 feet of width, and a 14.4 foot eastern side yard setback. � � 3. The Planning Commission reviewed this application at a public hearing . held on July 19, 2004. The City Council reviewed this application at their July 26, 2004 meeting and voted 3-2 for approval of a 12' eastern side yard setback variance based on the following findings: a. A garage wider thaL120 feet should be allowed for storage of outdoor . equipinent. � b. The height differentials within the driveway create�the need for an adequate driveway apron and ti.irnaround access to pull out onto Watertown Road. • . . c. The property contains a limited amount of buildable area. • - 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 propei-ty 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 hardslup 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. 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 78-395 (B) to allow construction of an attached two-car garage measuring 22' x 24' in front of the existing • . Page 2 of 5 � o� 0 0 • �� l CITY of ORONO � - ;- � ti ti RESOLUTION OF THE CITY COUNCiL �� 1 V O. � e ' kESI3� . single stall garage and located 12' froin the side lot line where a 50' setback is normally. required, subject to the following conditions: � � 1. Council •approval is based on the site plan submitted by the applicant and . annotated by City staff, attached to this Resolution as Exhibit A. Aily , � amendments to the site plan which are not in conformity with City codes will require further P1aruling Commission and City Council review. � � _ .. � 2. Authorities granted by this resolution nin 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 (August 9, 2005). 3. Violatioil 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 the 9��' day of August, 2004. ATTEST: ' • ��.�� /.�-e� ' Linda S.Vee, City Clerk Barbara A. Peterson, Mayor C�. e t � , . ro rty Owner �• . Page 3 of 5 , � °� 0 0 • � � � � - C ITY of ORONO � - - ti . � RESOLUTION OF THE CITY COUNCIL ti ��`9kESI'iOg'�G NO. e� � � � . � � STATE OF MINNESOTA � COUNTY OF HENNEPIN - The foregoing iristr�ument was acknowledged before me on this �day o£ , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota mu 'cipal corporation and said instrument was executed on behalf of the City. � ......., °�i � JACKIE YOUN� . NOTARY PUBLIC-MINPlrSO�A + VJ Notary Pu� "`,. � • �:i • STATE OF MINNESOTA COUNTY OF HENNEPIN � . The foregoing instrument was acknowledged before me on this ��day of � ��u,, t,��; 2004 by Linda S. Vee, City Clerk. of the City of Orono, a Minnesota . mtuiicipal corporation and said instruinent was executed on behalf of the City. � (� ��- '� „�y,x-::;; RACHELDODGE ' NotaryPublic � ''��`'� •`•` NOTARY PUBLIC-M�WIdESOTA +� .-4:�.o•. . � }�y Cortunission Expires Jan.31,2�05 t � `_ s-,��, . �.�.,-.-�-:> • � � Page 4 of 5 � °� 0 0 • '� CITY of ORONU � �-- : - � , ti ti RESOLUTION OF THE CITY COUNCIL �L`�k'ESI;�4�G NO. � � �. � . State of Minnesota ) � � ) ss. . County of Hennepin ) This instrument was acknowledged before me this �day of �Uq�Sfi , 2004 � �� by James F. Brooks, a single person. . � � DENISE M.LESKINEN NOTARYPUBLfC-MINNESOTA Notary Public '� _ My Commission Expires Jan.31,2GC� s .��:<:ti:�.,�� • • / Page 5 of 5 � � SURVEY F OR ' EXH1BlT A . � 521 � . � 1 /4 OF SEC. 32- 1 18-23 NTY, N11N�lESOTA �P�a.b V�1� ��C�� 22' X 2`�' . ..r..... .....10.3 : 2 .0 2 u PROPOSED . � ,.ADDITION r�(p'r ' DECK AP P�� ti� �� • 5.6 4.0 ' , 18.3 28.6 DECK EXISTING N N ,2a.s ................. r ................. ...... HOUSE PROPOSE DECK � �, i6.0 PNa 5.0 7.0 0 ..................28:4................... W + � 12.0 0 DECK J � 16.2 38.4........................... ....................... .... pECK � � � �TSF� � ETAIL . ,,�• � �� = 2�' S C A L E