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Home My WebLink AboutResolution 5288 . . Doc No 8567193 04/19/2005 03:44 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 108691 Deputy 20 Fees $15.00 DOC $4.50 SUR $1.00 COPY $20.50 Total � � � � v . � � O,�. � Q , O -��a_:- CITY of ORONO � � � ::��'�� RESOLUTION OF THE CITY COUNCIL ��`9kESH�4�G NO. � � �Y ° . A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-395 (B) �t�}#� �.�� 'y s�� r�. FILE NO. 05-3084 " E;�n ��:�1 . WHEREAS, James A. Olson and Patricia E. Olson, husband and wife (hereinafter "the applicants") are the owners of the property located at 4360 Bayside Road within the City of Orono (hereinafter the "City") and legally described as follows: That part of the West '/z of the Northwest '/4 of the Northeast 1/4 of Section 6, Township 117, North, Range 23 West of the 5`�' P.M. described as follows: Beginning at the Northwest coi-��er of the Noi-theast '/4 of said Section 6; thence East along the North line of said Northeast '/4, 514 feet; thence South 27 degrees and 30 minutes West 589 feet to the center line of the County Road which extends across said Northeast '/4; thence Northwesterly along the centerline of said County Road to the West line of said Northeast '/4 and thence North along said West line to the point of beginning, according to the United States Government Survey thereof, and situated in Hemiepin 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 78-395 (B) to allow construction of an attached garage 72' from the front lot line when 100' is normally required and where a front yard setback of 74' was recommended to allow for extension of the front foundation line of the existing home and attached garage. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File OS-3084. 2. The property is located in the RR — lA, Zoning District which requires a minimum lot area of 5.0 acres and a minimum lot width of 300 feet. The applicants' property is 3.51 acres in area with 426 feet of width. Page 1 of 5 � � o � � 0 0 C ITY of ORONO ,� ,- � ti ti RESOLUTION OF THE CITY COUNCIL ��`�kEBII�� N O. � 2 F� ,c"; � 3. The Planning Coinmission reviewed this application at a public hearing held on Febivary 22, 2005. The City Council reviewed this application at the regularly scheduled meeting held on February 28, 2005 and recommended approval of a front yard setback variance to allow a setback of 74 feet based on the following findings: a. The existing house, which has a setback of 77', was constructed prior to adoption of the current setback requirement of 100'. b. Approval of the front yard setback request of 72' would not be consistent with past approvals on lots with similar conditions. c. Approval of a front yard setback variance of 74' by allowing the garage no fiirther forward than the extended front foundation line of the house will result only in a slight increase in the non-conformity. d. The request to increase the number of attached garage stalls from the existing single stall is a reasonable request based on the current construction trends. 4. 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. 5. The City Council finds that the conditions existing on this property are peculiax 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. Page 2 of 5 . � °� o , o �,..- C ITY of ORONO � � �'� '��,' G'�' RESOLUTION OF THE CITY COUNCIL L�kES�I04� N O. � � �, '• 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 garage 74' from the front lot line when 100' is normally required so that the front foundation line of the existing home and garage can be extended, subject to the following conditions: l. 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. Authorities granted by this resolution run with the property not with the applicants, Uut are pennissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Cotmcil approval, or the variance will expire on that date (February 28, 2006). 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 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 agree to the recording of this resolution in the chain of title of the property. �, Adopted by the Orono City Council on the 28t�' day of February, 2005. �s� � �,.�+ �, � "u`� '.z�r�� i �� i:� :�� , ': � 't �f .:. '� ix i:�,.r�. �` ��d '��` ��} �,�i �� .n /f'� �1. `��H} � f� '� / e > //��JQ� /• _ ��, '� � J �. f_ s �V�-�`� /�', v � < � C�_-r�'� + , `:' " . �{:,�ry�, :��"Li da:� ��e�, City Clerk Barbara A. Peterson, Mayor �„ � , ,' � � . `a',yy � � J r�« r ! s+ �:t ..�� __ - � yyy�, t 1 y F ��lt --""` .lI �� .�. � �/ . � : „/�/� �____ �— r ` ' i''•,J�'�'=�''°�ib�k;�°�- ,G/l�f� -�'`�'"Z(�.. Property Owner(s) Page 3 of 5 . � � o� � o � o -��a_ - , CITY of ORONO � � � � �:�-� � RESOLUTION OF THE CITY COUNCIL ��kES�I�g'�G NO. �' � �' '` STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing insti-ument was acknowledged before ine on this � day of --�t U 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota inunicipal corporation and said instruilzent was executed on behalf of the City. �l' A / - ��' ��• C�,�.c,►�� x�.isT�B.aN��sn� � r�o�A�vpusuc-Mir��Ga�a NotaryPublic '�1 20(' r� My CoR�mission Ezpires Jan r,,; �.,,�.,::� },..�.,:;;v r:i _�,..��e,�.�.%��"��t�;,Yx:eB'' �'�..`'Y�G^'��s STATE OF MINNESOTA COUNTY OF HENNEPIN .� ��r = The foregoing instrument was acknowledged before me on this ! � day of ' ', ,� ,� t�, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Mimlesota `municipal corporation and said instrument was executed on behalf of the City. i: ,_ . . i �: RACHEL DODGE Notary Public , _ = NOTAftY PUBLiC-MINNESOTA My CAmmission��ires Jan,31,2016 Page4of5 � � � � o � � o �� o �a: - , C ITY of ORONO � -� � � � :�� RESOLUTION OF THE CITY COUNCIL �L`gkEsH�4�G NO. d► � p.'� , STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of ' <;�,-,�� ,_ , 2005 by James A. Olson, husband of Patricia E. Olson. �- `� r�'7,�'�� ' '� DEI�l�� ' , '' , ' ', � NOfiRF�i ,'J�t'r� J��d�:`��"�f� r � 1��( 1`�'�a /��_... / µy��§s13�Exp"��g" �� Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before ine this '�' day of_�(., {:;i.:� : �.__ , 2005 by Patricia E. Olson, wife of James A. Olson. / i: _.} �, j1 I� DENISE t,.�. LESKINEN 5 � �� 1 i LlrC �� ,t��""`""'�'' NOTARY PUBLIC MINNESOTA No`tary Public My Commission Expires Jan 31,2010 Page 5 of 5 ` �G � � � • � 1 /� L)/1 �-- - , ' l�y � � \ \7t_. L � / . \ G' .. � : . t(� • . \ �� SI'IED / . O¢ _ . • . ,.. \ �yFs / ;°�s:: . � - � �t�> , `� / � , ; � u' WELL � � � � �o • . ,��-1 �, �i ` , ' �Fy�. �t�' O '',,%; / ��j� ��r ` �� s� ps 2�`% � ,6� CLEAN OUTS ry� Mj x . ~j -� y ' . 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