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Home My WebLink AboutResolution 5238 _. �,� ' , O . � � O O � �� 3 � CITY of ORONO a °- , � , ti ti RESOLUTION OF THE CITY COUNCIL ��`9.If Og'�G NO. � � � � ESI3 I . A RESOLUTION GRANTING VARIANCES � TO MUNICIPAL ZONING CODE � SECTION 78-1435 FILE NO. 04-3048 WHEREAS, Steven P. Persian and Kathleen B. Persian, husband and wife (hereinafter "the applicants") are the owners of the property located at 1005 Hunt Farm Road within the City of Orono (hereinafter the "City") and legally described as follows: ' , Lot 1, Block 5,Huntington Farm,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 78-1435 to allow a 1,200 square � foot accessory building to be located in the northeastern corner of the lot, in a location • where the building will be located closer to the street or front lot line than the principal building. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#04-3048. � 2. The property is located in the RR — lA zoning district, which requires a minimum lot area of five (5) acres. The applicants' property is 2.905 • acres in size and was permitted a reduced area under the PRD, Planned Recreational District Ordinance. 3. The applicants originally applied for a variance to construct a 2,160 s.f. building when only a 1,200 s.f. building is allowed, a north side yard setback variance to permit a side setback of 15' when 30' is normally • required, and lastly a variance to permit the accessory building to be located closer to the street or front lot line than the principal residence: Page 1 of 6 -� o.�,. � 0 0 � • �� 1 CITY of ORONO � :, ; � , ti �'�� G'�' RESOLUTION OF THE CITY�COUNCIL `�kEsK�4 NO. � � � , 4. The Planning Commission reviewed this application at a public hearing held on September 20, 2004 and recommended approval of the variance to . permit the accessory building to be located closer to the street or front lot line than the principal residence, and denial of the side yard setback and � oversized building request, based on the following findings: a. The constraints of the required wetland and septic setbacks. b. The street or front lot line of the property does not function as the front of the lot. c. The platted street right-of-way is currently undeveloped and isn't foreseeable to develop in the future. • d. The lot is secluded by wetlands to the west and railroad property to the north. � e. The lot is heavily wooded. • f. A tree line exists to the east providing screening to the most affected neighbor. g. If a building 1,200 s.f. in size were constructed, the need for a north side yard setback variance could be eliminated. h. Construction of a 2,160 s.f. building could create the appearance of a second principal residence and have the potential for unacceptable uses is a residential zone, such as rental space and a home occupation. 5. The applicants revised their application prior to the October 11, 2004 City Council meeting to comply with the September 20, 2004 Planning Commission recommendation. 6. The City Council finds that the revised proposal, consistent with the Planning Commission recommendation is acceptable based on the finding • � noted above. Page 2 of 6 . � �� O 4 • � g C ITY of ORONO � -- -. � , ti ti RESOLUTION OF THE CITY COUNCtL ��`�kEsKOg'�G rvo. � 2 3 � . 7. 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. 8. 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 Cotulcil hereby grants a variance to Orono Municipal Zoning Code Section 78-1435 to allow a 1,200 square foot accessory building to be located in the northeastern corner of the lot, in a location where the building will be located closer to the street or front lot line than the principal building, subject to the following conditions: 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. Prior to issuance of a building permit, the applicant must submit an opinion letter � from his attorney on whether the property owner has the legal right to construct the proposed accessory building. An acceptance letter from the home owner's association would be acceptable in place of an attorney's opinion. 3. 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 pernut for the new construction within one year of the date of Council approval, • or the variance will expire on that date (October 25, 2005). Page 3 of 6 � �� O , 4 • 3 C ITY of ORONO � :. ; � , ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESS�g'�G NO. S � � � 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 autoinatically terminate any authority granted herein, and shall be punishable as.a misdemeanor. 5. The undersigned applicants have read, understand and hereby agree to the terms _ of this resolution and on behalf of the applicants and the applicants' 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 25`h day of October,2004. ATTEST: . / . ��—� ---__ • ✓tata-i . - inda S. Vee, City Clerk Barbara A. Pe erson, Mayor �� ° � � `'I c �- -�-� Property Owner(s) � ' i • Page 4 of 6 , - 7' O� _ O � � O . • 1 CITY of ORONO ,� ,:: , �, ti ti RESOLUTION OF THE CITY COUNCiL ��`9 4�'�'G � NO. � k'ES�IO a5► � � $ STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before nze on this c�b day of ��,;�-Q�, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � � KR15TI B.ANDERSO(� Notar Public °-:�. - NmARY PU8L1C-MINNESOTA � ''...'� .;;y Casnmbsion Expires Ja�.3'l,�007 �, ;:r • STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this G�' day of ��r:a-a�, 2004 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. ��- ' ,e�.. �i.'e '�� ,;�#t:•�. RACHCL DODCG s Gc.._�.. G•_s_��-P.�C��—�;�� NOTARY PUBLIC-A�?PI\;r.�OTA �,�; '��`'.�`�- �� , �,;�:-` My Commission Expiros dan.31,2005� � Notary Public ,-�.- �:,s � � . Page 5 of 6 � °� . 0 0 • '� � � C ITY of ORONO � - ; � , ti ti RESOLUTION OF THE CITY COUNCIL �L`9kEsI'i0g'�G NO. i� ��-► e� � . . State of Minnesota ) ) ss. County of Hennepin ) ' � � This instrument was acknowledged before me this ��day of �ueryt�2004 by Steven P. Persian, husband of Kathleen B. Persian. �. �YY u � � -�, RACHEL DODG� ; �D�� n o #t� NOTARY PUBUC-M�N;�E�OTA «—C/�_. , r �1;y Commr�sion Expi;es Jan.31.ao�s � Notary Public �`�.��.•e7::.�..:"c--..AZ•-r.,.��a =r'"'rr:, State of Minnesota ) • ) ss. County of Hennepin ) This instrument was acknowledged before me this�day of OU � ,2004 by Kathleen B. Persian, wife of Steven P. Persian. . � rrr`� DCNISE M.LESKINE;`; ` Notary Public NOTARY PUBLIC-MINNESOTA � .,�:� My Corrim(ssion Expires Jan.31,2�C5 • Page 6 of 6 , y 4 : EXHIBIT A � 2 � � . _G CERTIFICATE OF SURVEY FOR • . ,�� '`��Y�• STEVEN PERSIAN S�r�� / ��(L OF ENNE ION COUNTY,MI NNESOTARM / / '�7 ��. � , ,�' S�� '.— �'�� l ;�� , ' Ssso 2 �,��°� � % � �•f Jq � . � ,i / ' � '``\\� 5 . , i � �op�uy �. 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