The URL can be used to link to this page

Home My WebLink AboutResolution 5196 . : : o � � � � o �� o l CITY of ORONO � � :. � ti ti RESOLUTION OF THE CITY COUNCI L �� pg'�G NO. kESi3. A RESOLUTION GR.ANTING VARTANCES TO MUNICIPAL ZONING CODE . SECTTON 78-350 (B) FILE NO. 04-3014 � WHEREAS, Campo Bello Partners, a corporation (hereinafter "the " applicant") is the o�vner of the property located at 3210 Navarre Lane witlun the City of Orono (hereinafter the"City") and legally described as follows: Lot 65, and that part of Lot 66 lying southeasterly of the northwesterly 20 feet measured at right angles to the northwesterly line of said Lot 66, all in " WALLACE'S ADDITION TO THE VILLAGE OF MINNETONKA BEACH, according to the plat thereof on file or of record in the Office of the County • Recorder, in and for Hennepin County, Minnesota (hereinafter the"property"); and WHEREAS, the applicant has made application to the City of Orono for a rear yard setback variance to Orono Municipal Zoning Code Section 78-350 (B) to allow a renovation consistina of constntction of a second story above the existing first story where the existing rear yard setback is 27 feet where 30' is required and the addition�of two garage stalls at a rear yard setback of 24.5 feet when 30' is required. . � NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#04-3014. 2. The property is located in the LR — 1 C, One Family Lakeshore Residential, which requires a minimum lot size of%Z acre. The applicant's property is 0.36 acres in total area. 3. The Plarming Commission revie�ved this application at a public hearing held on May 17, 2004 and recommended approval of the rear yard setback • variance based on the following findin�s: Pa�e 1 of 5 � � � °� . r � �. � ° g CITY of ORONU � -. ; . � � ti �',�� G'�' � RESOLUTION OF TH�E�I�Y�OUNCIL `�k'ES804 NO. � a. The configuration of the comer lot places the defined rear yard adjacerit to the neighbor's defined side yard. b. If Kenwood Way were considered the front, the cunent defined rear yard would be considered a side yard where only a 10' setback is required. c. The existing rear yard setback of 27 feet at the house and 24.5 feet at the garage will be maintained and the non-conformity will not be increased. ' d. The existing shed will be removed decreasing the rear yard encroaclunent. • 4. The City Council has considered this application including the findings and recommendation of the Plannin; 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. S. 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 nei;hboring 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 the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findin�s, the Orono City Council hereby grants a rear yard setback variance to Orono Municipai Zoning Code Section 78-350 (B) to allow a renovation consisting of construction of a second story above the existing first story where the existing rear yard setback is 27 feet where 30' is required and the • addition of trvo garage stalls at a rear yard setback of 24.5 feet when 30' is required, subject to the following conditions: Page 2 of 5 � o,�,. . . � � � � o � � o 3 CITY of ORONO � - ;. � , ti ti RESOLUTION OF THE CITY COUNCIL �L`9kES�I�g'�G NO. . 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. 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 existing shed must be removed prior to issuance of a building permit for the addition. 3. Authorities granted by this resolution run 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 va"riance will expire on that date (June 14, Z005). 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 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 assi�ns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 14�h day of June, 2004. ATTEST: d��- �-�/� _- Linda S. Vee, City Clerk Barbara A. Peterson,Mayor roperty Owner(s) • Paje 3 of 5 � � °� . � o :� � � .. - � CITY of OR4N0 � - � . � ti ti RESOLUTION OF THE CITY COUNCIL �L`�kESfIOg'�G . NO. eD 1 � � � STATE OF MINNESOTA COUNTY OF HENNEPIN n The foregoing instnzment was acknowledged before me on this �� day of , 2004 by Barbaza A. Peterson, Mayor of the City of Orono, a Mirulesota r� nicipal corporation and said instrument was executed on behalf of the City. � ' • RACHEL DODGE ' l�GL�I�..e�2- �D c��;� r� � �� r ' NOTARYPUHUC-M�NNESOTA 1 Notary Public � , ; My Commission Explres Jan.31,2005 i it �-.-.,.,.. t,�. - �:.•�. • STATE OF MINNESOTA COUNTY OF HENNEPIN . �� ( The foregoing instrument was aclrnowledged before me on this �day of �J u-►�- , 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. �,r�:�^ ' � • ? •t '-�� -� RACHEL DODGE � . � � NOTARYPUBLIC-MWNESOTA `1 �;� �rY. ,,1 �,,jy�o,,,�i�s►onExpires�an.s�,2oo5 � � NotaryPublic },��.-:�...�..:::- • � Pa;e4of5 ' O� . � . � � �: � � S CITY of ORONU � � ti RESOLUTION OF THE CITY COUNCI� '�,,�'� ' �G~ . `9kES�IOg' NO. eg► � � � State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this�day of �' �4' , 2004 by �:�►it /�ruiP�/`._S , President of Campo Bello Partner, a Minnesota cozporation, on behalf of the corporation. DENISE M,LESKINEN �pRyp��_�qNNESOTA �y�y��kes Jan.31,2005 u Notary Public • • Pa;e 5 of 5 . � � � � : L - �;o W � W �- I a Y �d. � �n � I : � > ;� a F- 5 -�� O} wui I �n s� �N dWW �� . Z O CZ n Vi W JU �Z ¢ ._� a� Z�j ��O ZO d - Z C7 o �� oil�n�ls o �o� oN W< �WW N� � Q � � 99 � �' VACATED \ Ob j _ �BROOKS O� AVENUE � S 00°57'Z2" W 104.24 ��/ ��a - - - � � ��0 � �� ° ' J � � c :: -�� \ O`1 V�� ¢� � � / \ �o�� \ ag \\ ' O /O • ''��4 \,,� � d9 w`ioC3 \;, � �Z, \ � A,� . �r. � \\/' �% ` ��`` �\ ��\ w� a ��Q60 \\ � �` �j \\ ��\ ^� °bFs � � �;� j� �� \\ \ ,��h�, \ �, ,, ^ \ �\ �� ; ��' �W ��\ \\ ��\ y •y � v1,\ 14) ,,,1 � \\\� \\� °�n \`��;� .+' n -�'' / \\ �� .�\5� =^.• ///// ��' . . i \ ' O � y �\ fi� za3,�.�' \`oa � // .:� �j . \ '•\' r / ` � .� �� r. ��°"��i i� > / 0 L� \Q� w �'° 000� .3� �� a�.� ,.Sp�D� ;� �,�. � ° �� s��s ��1 P� N ;j ,�,..�'.. "' 6o V° � A � �V\. �2 oO � ��-� p � �, , �� Q� d, , ,�� p \�. �. r..+ � � o . � ! t �