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Home My WebLink About#2109 Recorded Resolution6628948 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. -3 6 9 2 ·◄ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 14 (C) AND SECTION 10.28, St.TBDIVlSION 5 (B) FILE #2109 WHEREAS, Todd Smith (hereinafter "the applicant") is the owner of the property loeated at 1380 Arbor Street within the City of Orono (hereinafter "City'') and legally described as follows: Lot 4, Block 1, Markville, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C) and Section 10.28, Subdivision 5 (B) to permit construction of a 10'x14' three season porch.to be io~ated 12.3' from the north side lot line -.vhere a 30' setback is required and 10' from the east rear lot line where a 50' setback is required. The proposed structural improvement will result in total lot coverage of 32% or 1,763 s.f. \\'here the code would have. allowed 1,500 s.f. or 27 .2°.t'o and where 32% exisis. l\TO\V~ THEREFORE, BE IT RESOLVED by the City . Council of OroDo, :tviinuesota: FINDINGS 1. This application was reviewed as Zoning File #2109. 2. The property is located in the RR-lB, Rural Residential Zoning District requiring 2 acres in area. The property consists of 5,506.2 s.f. or .126 acres. The Orono Planning Commission reviewed this application on February 20, 1996, and recommended approval of the variances as proposed based upon the TRANSFER ENTERED following unique findings and hardships: ,, .) . HENNEPIN COUNTY TAXPAYER !ERVlce6 Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 6 9 2 .. oi: A. Lot is .126 acres in area and subject to 2 acres zoning standards. B. Lot was created and residence constructed prior to zoning requirements. C. There are no adjacerit lands available to combine. with substandard property. D. A large open space park exists to the immediate north of property. E. The residence is served with sewer. F. New three season porch will be constructed within the exact building footprint of the previous roofed patio area at 10'x14'. 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 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 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 City Council has· considered this application including the findings and recommendations or the Plani7.ing Comrnission, 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 Al\1D 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 14 (C) and Section 10.28, Subdivision 5 (B) to permit construction of a 10'x14' three season porch and grants a north side setback variance of 17.7' or 59% and rear setback variance of 40' or 80% and grants a lot coverage excess of 263 s.f. or 4.7%, subject to the following conditions: Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 6 9 2 1. Applicant to obtain a penalty building permit before work can commence on reconstruction of three season porch. 2. Applicant and future owners are hereby advised that any future requests to add · ''""4/t-Hmcturnl ;improvements· to the 'existing residence where 32% of structural leverage exists must ,•be matched with either equal or .. greater removals of ·existing structure. 3. .Authorities granted by this resolution run with the property not with the '\ipplicant, but are pem1issive 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 (March 11, 1997). 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 tenns of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 6 9 2 ;,,,Adopted by the Orono City Council on this 11th day of March, 1996. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of March, 1996, by Gabrield Jabbour, Jr. & Dorothy M. Hallin, Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument ,vas executed on bel1alf of tlie <.-:ity. Page 4 of 5 '·. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 6 9 2 On this _:~--~-. --day of ___ o~✓L~--.-----: 19~-~---before me a Notarv Public witi'ii1j,;~o/,ld for said county, person0iJppea~-ed -'-~~"CJ ~r~_d1 ,cLl~~ _____ : ___ knownt?J me to be the person(s) descnbect m and v1ho executed the foregoi.x1g·fuistmment, .and acknowledged that he (they) executed the same as his (their) free act and deed. JAMIEl. BOSMA NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2000 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) NOTfo:.R/Y PUBLIC I . c./ · ;;)· / Sf ' f 1 C)C) (L; b i: N' r"\r1 t!... .. ~.., r-41,...,,,. .. ,-.. L e,ore m"' a otary Vh sill,~ , ___ l."'.1.J \J _ __!::,~~-'&p..A.----,---------·--' ~-·-··----i -~ J.'-' • • Public witbiriand for said county, ~ersonally a peared 4-~--,,;s,_ ~~--//?1...4.M..tRL_ mown to me to be the person(s) descnbed m and who executed th-e-f-or_e_g_o_in_g_ins_t_ru_m_e_n_t_, -an-.1d-ack:nowledged that he (they) executed the san1e as his (their) free act and deed. JAMIE L BOSMA NOTARY PllBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2000 Page 5 of 5 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION # 3 6 9 2 -◄ I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on March 11 , 19 96, and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. day of In Witness Whereof, I have hereunto set my hand and seal this 1:Sth March , 19 --2.§._. .... ·-··"' .• ·-·.-..~, ,. ~ ,;.,:, '·•'-;~ ------- ( :·:.-~ ~; I •• :,/} J < 1:-: " .. ,, C•-.: \-•._;