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Home My WebLink About1993-07-26 Resolution 3300CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. e� A RESOLLTION GRANTING V ARJAINCES TO RIUNICIPAL ZONT1gG CODE SECTION 10.28, SUBDIVISION S (A) FILE NO. 1823 WHEREAS. Margaret D. Rossing (hereinafter "the applicant") is the owner of the propene located at 130 Cvgnet Place within the City of Orono and legally described as follow s: Lots 1 and 2. Block 3, Swan Lake Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, plicant has applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (A) to permit the construction of a 20' x 28'. 21�, store addition to the west side of the existing residence to be placed 28.8' from the rear lot line where a 50' setback is required and 41.14' from the street lot line where a 50' setback is required. The applicant also proposes a 4' x 12' deck to the northeast side of the proposed addition to he placed 26' from the rear lot line where a 50' setback is required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS This application was reviewed as Zoning File n 1823. 2. The property is located in the RRAB Rural Residential Zoning District requir two acres in area. The property consists of 71,734.5 s.f. ^r 1.64 acres. 3. The Orono PlanninL, Commission reviewed this application on May 17, 1993 June 21, 1993 and recommended approval of the variance application as amens based upon the following findings: A. The propem, has an unusual shape. B. The house was installed on property prior to current setback standard Pave 1 of 6 O CITY of ORON o� o ° RESOLUTION OF THE CITY COUNCIL NO. v " C. The principal structure met zoning standards at the time of construction in 1969 and was allowed to be constructed 25' instead of 30' from the rear lot line. D. The interior layout of house limits construction of addition to the west side. The Orono Planning Commission dc,,;ee the 4' x 12' deck and stair structure to the northeast side of the proposed addition based upon the following findings: A. Installation of the deck would encourage further structural encroachment of the substandard rear setback of the structure. B. Further intensification in use created by rear deck addition will only magnify problems associated with the already substandard residential lot. 4. 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 arartina 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 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. 5. The Citv Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (A) to permit the construction of a 2'/--story, 20' x 28' addition that will require a 21.2' or 42.2% rear setback variance and an 8' 6" or 17.2 `7o street setback variance and denies the request for a 4' x 12' deck and stair addition requiring a 24' or 48% variance, subject to the following conditions: Pa_e 2 of 6 1W. So "Pew 0* o CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ;`S - 1. The existing detached garage must be completed before a building permit can be issued for a second accessory structure at 26' x 38'. 2. The second accessory structure must be completed before a building permit can be issued for the 20' x 28' addition to the principal structure. 3. Applicant shall install split rail fence as shown on Page 6 of this resolution defining the driveway and parking boundaries in order to eliminate uncontrolled parking of vehicles on grassed area. Applicant is enco—Iged to plant evergreen - type plantings within street yard to provide year-rounu :.offers for front yard parking area. 4. All exterior storage on this property shall be subject to the standards set forth in Section 10.60, Subd. 13 that reads as follows: "In all residential districts, all mobile materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, excapt boats and unoccupied trailers less than 20' in leneth which are not stored for commercial purposes, if stored to the rear of the house and a distance of 10' or more from any property line." 5. Authorities granted by this resolution run with the property not with the applicant. but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 26, 1994). 6. 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. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors, and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of 6 F" WE CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO- a Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26taq day cf Jelly, 1993. A EST: / /42-� Dorot &'% allin, Cit: C h—r Edward J. CallahJr., Mayor W/ Prope Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of March, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corF!,iation and said instrument was executed on behalf of the Croy. UNDA S. VEE Nctary Public NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My conwrAnbn ex*m 8-12-M Paee 4 of 6 F" M "am CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this 3 �`dav of 1993 before me a Notary Public within and for said county, personally a ared known to me to be the person(s) described ' and who executed t foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PU LIC STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of 199_ before me a Notary Public within and for said county. personally appeared known to me to be the persons) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page S of 6 F"M"Q� CERTIFICATE OF SURVEY FOa: MAR GE R0155IN6 S89' 16' 45''E bE5C917710 N !.a T-, I el Z., 3L.ocx 3, S�.rnty LA.xC Faci>,on, HENnrFPjN. Covn4r7 m.i ,ry Q c Pn r w; c 0 h C = WOOD STAKE PLACED O = IRON MON. SE i • = IRON MON. INPLACE 8.M. - BEARINGS ON PROPOSED INFORMATION ASSUMED DATUM tst FLOOR ELEV. GARAGE FLOOR ELEV. BASEMENT ELEV. TOP BLOCK EL_=V. DRAINAGE 000.0 = EXIST. ELEV. (000.0)= PROPOSED ELEV. E & ° EXIST. d PROP. ELEV. I hereby certify that this plan, survey or report was JOB a S%i;1 �BORG prepared by me or under my direc: supervision and that I am J LTZ dN-D S U R V N G a duly Registered Land Surveyor under the laws of the State EooK -Page of Minnesesa. /' INC. �•"�� !� L•L. RL I,ec.208 Dare: J r• I ° a Registration No. 14700 sn•�a� ca.�o. MH ss_za Pace 6 of 6