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Home My WebLink AboutResolution 5114 , ..�., - .. O _V : � � • O O � CITY of ORONO g '� ,' . �� RESOLUTION OF THE CITY COUNCIL ��`�kESI3�g'�G NO. a� �. � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-420 SUBDIVISION B FILE NO. 04-2972 WHEREAS, Robert F. Knuth and Mary L. Thompson, husband and wife (hereinafter "the applicants") are the owners of the property located at 2700 White Oak Circle within the City of Orono (hereinafter the"City") and legally described as follows: Tract H,Registered Land Survey No 1447, files of Registrar of Titles,Hennepin County,.Minnesota (hereinafter the"property"); and o WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-420, Subdivision B to allow a covered porch to be constructed 45' from the front lot line where 50' is required and 35' from a side yard street where 50' is required and 40' currently exists. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,Minnesota: FINDINGS 1. This application was reviewed as Zoning File#04-2972. 2. The property is located in the RR-1B Single Family Rural Residential � District, which requires minimum setbacks of 50' from the front property �line and 50' from side-street property line. 3. The Planning Commission reviewed this application at a public hearing held on January 20, 2004 and unanimously recommended approval of the variances based on the following findings: a. The existing home is situated at the front setback hindering the ability to construct a covered entrance without variances; the location of the • alternate septic system treatment area further restricts suitable locations for a covered porch. Page 1 of 5 � � °� . 0 0 . • � � CITY of ORONO � .- .; � , ti ti RESOLUTION OF THE CITY COUNCIL �L`�kEsi3�g'�G NO. � � 1 � b. The other closest neighboring properties on White Oak Circle have greater front and side yard setbacks than that which is required by City Code. c. The property owners who would be most affected have submitted letters of support for this project. d. The road right-of-way along the western property line is currently and indefinitely not used as a traveled road. 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 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 variances to Orono Municipal Zoning Code Section 78-420 Subdivision B to allow construction of a covered porch 45' from the front property line and 35' from the side street property line where 50' setbacks are required respectively, 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. The front porch with pergola shall not be enclosed. • Page 2 of 5. . ` � �1V' . O , O . • l � CITY of ORONO � :- � ti �� G'�' RESOLUTION OF THE CITY COUNCiL ��kESIiOg'� NO. � � � � 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 permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (February 9; 2005). 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 automatically 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 9`h day of February, 2004. • ATTEST: v � v�� Linda S. Vee, City Clerk Barbara A. Peterson,Mayor � � Property Owner(s) • � Page 3 of 5. � � � �� o , o • - 3 C ITY of ORONO � --- :- � ti ti RESOLUTION OF THE CITY COUNCIL �� 'G rvo. � � 1 � kEST�IO . STATE OF MINNESOTA ' COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this ��ay of ��, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota mtuiicipal coiporation and said instrument was executed on behalf of the City. . , C��,� �,w�Qa _ Notary Public ALISSA A.WINTERNHEIMER NOTARY PUELIC-MINNESOTA � .;,r� My Commssicn Expires Jan.31,2006 • �:;:?.-.".:� STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this /�'f'�day of 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota muiuci corporatioii and said instrument was executed on behalf of the City. � Notary Public � BARBARA G.SILUS NOTARY PUBLIC-MlhlvcSOTA ��.,�;•ti � Nfy Commission Expires Jan.31,2008 • Page4of5 . � � �1V' O , o • � CITY of ORONO � -- ; � , ti ti RESOLUTION OF T�HE�CITY�COUNCIL ��`9k'ESH.�4�G NO. 1 State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this �B�ay of G�ii � , 2004 by Robei'f�F J�nu�'��., husband of Mary L. Thompson. BARBARA G.SILUS , NOTARY PUBLIC-MINNESOTA Q�,Q •.;u. ° My�omm(ssion Expires Jan.31,zoos Notary Public • State of Minnesota ) ) ss. County of Hennepin ) This instr ment was acknowledged before me this�day of �I�� ,2004 by L. ► +. , wife of Robert�Knuth. f D�NISC M. LESKINEN _ NOTARY PU��c-M!wr•:�sorA Notary Public s�, ~ .,,r.�' My Commission Exrires J�n.31,2��5 • . :.-r: ' . Page 5 of 5. � EXHIBIT A � � 5 � 14 • CERTIFICATE OF SURVEY FOR ROBERT F. KNUTH OF TRACT H, R.L.S. N0.1447 � HENNEPIN COUNTY, MINNESOTA „ . • 'Ti�%��\T �7 i WHITL � • ' OAK Ea,sT �,��„w, CIRCL= N se°58'00" E 729.30�..� . R�� . 1w.00 �7��0 ea��?'a�. �s6&tr � _, � ••.;� Mws�n \+�`�`7�< � � 4 � N "i �7';. i �d 4 ° • �+ O�iNC � . �� s'�:�a' ' : d . � � � H � '��' TRACT H --i - �^ 0 N � 2 i.+ 0 • � , ' . . w v la a 1S?29 lppy N wESr 2s2e� . � � qN N . � � _ ' N LEGAL DESCRIPTION OF PREMISES : g Traet H, Re istered Lond Survey No. 1447, fi:es o` N N Registrar o Titles, Hennepin Caunty, Minnes=_: ° o_ o� L � o : denotes iran marker , . • Beorings shown are bosed upon an assimed da;r_ ' This survey intends to show the boundories e` :he cov� 16.50 described property, and the location of an e:'stinc house, WEST de�k and drivewoy, end the proposed location =• a r c�posed porch thereon. 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