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Home My WebLink About00-2561 Recorded Resolution7284164 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 4 2 7 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 13 AND SECTION 10.28, SUBDIVISION 5 (B) AND SECTION 10.61; SUBDIVISION 5(A) FILE #2561 f;:)K,if~1I S(j WHEREAS, Frank Peterson and Barbara Peterson (hereinafter "the applicants") are owners of the property located at 1261 Arbor Street within the City of Orono (hereinafter "City") and legally described as follows: Lots 1 and 2, Block 2, CRYSTAL BAY MINNETONKA, according to the recorded plat thereof, Hennepin County, Minnesota; and WHEREAS, after due published notice and mailed notice in accordance with · Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February 23, 2000, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 13 to allow the doors of• a detached garage to· be located 10' from the lot line where 30' is required, Section 10.28, Subdivision 5(B) and Section 10.61, Subdivision 5(A) to allow the side yard adjacent to street setback to be 10' from the lot line where 50' is required, and Section 10.61, Subdivision 5(A) to allow a setback of 5' from rear lot line where 10' is normally required to permit construction of a two sta:11 detached garage NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES I. This application was reviewed as Zoning File #2561. Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL A It! G'.ll r"'/ NO. ·, ":il: cw e. 2. The property is located in the RR-lB, Lakeshore Residential Zoning District requiring 2 acres in area. The property consists of total area: of 14,000 s.f .. or .32 acres. 3. The Planning Commission reviewed this application on February 23, 2000 and recommended approval on a vote of 4 to 0. 4. The Planning Commission made the following findings of fact: A. The residence was built prior to current zoning standards. B. The lot is unusually small and narrow for the RR-lB zoning district. C. · The property is not currently served with a garage. D. The proposed garage location will allow the presentation of an existing mature maple tree in the rear yard. E. No hardship exists to justify lot coverage in excess of the 15% allowed by code. Allowed lot coverage is 2,100 s.f.; the existing house is 1512 s.f. leaving an allowance of 588 s.f. for accessory buildings. 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. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 4 2 11 '/ CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 13 to allow the doors of a detached garage to be located 10' from the lot line where 30' is required, Section 10.28, Subdivision 5 (B) and Section 10.61, Subdivision 5(A) to allow the side yard adjacent to street setback to be 10' from the lot line where 50' is required and Section 10.61, Subdivision 5(A) to allow a 5' rear lot line setback when 10' is normally required to permit construction of a 588 s.f. two-stall detached garage. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council Review. 2. The garage is limited to 588 s.f. in order to meet the 15% lot coverage limitation. 3. The applicants shall remove the historical Wayzata Beach snack hut on the property within 90 days of receiving the building permit or prior to final inspection, whichever is earlier, so that the property will meet the 15% lot coverage limitation. 4. Authorities granted by this variance run with the property not with the applicants, 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 (February 28, 2001). 5. 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. 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of 1:hemselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 4427 Property Owner( s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of February, 2000, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. e MARYANNJOHNSON NOTARY PUBLIC • MINNESOTA u,emm-ion Expires Jan. 31, 2005 Page 4 of 6 ' •, STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 4 2 ,,.l On this-~ day of N_a_c-e h 200Q .. before me a Notary Public within and for said county, personally appeared Bo,cbt! ra. Pe+e r50 n ma. r r,. e J. known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A. HASEMAN NOTARY PUBLIC· MINNESOTA My Commission Expires Jan. 31, 2005 STATE OF MINNESOTA. ) ) ss. COUNTY OF HENNEPIN ) Notary Public On this 30th day of /fl Ir R C..t/ , 200 ~ before me a Notary Public within and for said county, personally appeared t:--R.,f-·JII< Pe..+e1-e..S on, nJa..f?.~/ er/.. known to me to be the person(s) described in and who executed, the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ,·tt, e MARYANNJOHNSON HtlrNff PUBLIC· MINNESOTA -ComfflllllonExpltll.JaS1,31111 Page 5 of 6 ----.-.,,,.•., ~. -~------------.. Exhibit A------------------. 0 CERTIFICATE. OF SURVEY P d f , FEANK PETERSON re pare or. ---:------::------------------- 'M.lNNETO.NKA A\/E~UE ------ -... ; 4'2..S . -~ . ~ .. • -~ I i ~ <>'1-i;;• ~~ .. ; I ""'--1 I I I L .. '--I .,. 1 I J_ i ·::· 0 0 . ·, <:::> 0 -' . ' i ·T· ., .... r' .. _ LEGAL DESCRIPTION: Lots 1 and 2, BloGk 2, CRYSTAL .BAY MINNETONKA, according to the recorded plat thereof, Hennepin County, Mirinesota, t ,;' . AR';.A =-(4:;000 s~. TT, ,. ~ ~ ~u ·1.;' ·1:·· ~ i, . . GEN E:RAL·' NOTE~f;, l Denotes iron monument Page 6 of 6 -. f f d . 1 t. = ·. , , -i'O~ 3d top o oun at1on e eva ,on . n---AA"A "'"'A""'ot'I ♦ flnnr c>lc>vntlnn = \- I LLl w a:: 1,1 tn ":) 0 C: E 0 .... :.a I a:: ~ 0 0 aJ i co 0:: <( \. .. _ , ~.~ ~~ £~ iJ. :·:..;,,; ,...: -:,,: .. l'' ~I_~ . (_/-' 7284164 \ \~ r~~;.,-;.,.,,,,.1-,-::.i, .. :-:,-.;~.; ,,;~, ,;:··, ~ OFFICE OF COUNTY ~ECOROER HENNEPIN coutm. MINNESOiA CERT!FIED Fil ED t., 'lfi OR HECGk!}tLl (1N 0 0 APR I I . AM 11 : 3 7 iiS ~(H:Ut·i'ftH7284 . ,,..,,.4,,l'.,_;ubi,u · · -.'.!o~\l HJ.,.,,1:.J•~:,..r,;:,,,_/ J~ ./'iJi! · ,/ "" " .... ~ . I ' W".v I / ~..,L__DEPUTY -,,... REC FEE. / f;., COPY FEE J ..- /1;(/-C/ I