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Home My WebLink AboutResolution 5010 r � '... r� O� � • O �: O � � CITY of ORONO ,� - ;.. � . ti �� G~' RESOLUTION OF THE CoITY �OUNCIL `�kEs8o4' No. �' � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5(B) FILE NO. 03-2910 WHEREAS,Wayne Johnson&Anne Johnson,husband and wife,(hereinafter"the applicants") are the owners of the property located at 1225 Lakeview Avenue within the City of Orono (hereinafter the "City") and legally described as follows: Lots 14, 15 and 16, Block 1, Maxwell's Addition to Crystal Bay, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS,the applicants have made application to the City of Orono for a variance • to Orono Municipal Zoning Code Sections 10.28, Subdivision 5(B)to allow construction of a new larger porch and deck to replace an existing porch encroaching 15' into the required 30' side yard setback area. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#03-2910. 2. The property is located in the RR-1B Single Family Rural Residential District,which requires minimuxn lot area of 2 acres and minimum lot width of 200'. The area of the property is 0.47 acres (20,436 s.f.) and defined lot width is 150'. 3. The Planning Commission reviewed this application at a public hearing held on . July 21, 2003 and recommended approval of the side yard setback, based on the ' following findings: a) The proposed porch and deck replace an existing porch located • 1 . o,�,. � � � . i � � � . s CITY of ORONO ,� -: .;� � , ti . �� G'�' RESOLUTION OF THE CITY COUNCIL �kESSO4 NO. � � � (1 approximately 18' from the side lot line. The new porch will be 15' from the side lot line. b) The location of the neighboring detached garage, the vegetation screen and the fence make the encroachment of the side yard setback less significant in terms of its impact on the neighboring property. c) The lot size of 0.47 acre is typical of lots in the Crystal Bay neighborhood. The 15' setback would be conforming if this area was zoned for'/2 acre lots. � 4. The City Council has considered this application including the fmdings and recorrunendations of the Planning Commission,reports by City staff, comments by the applicants and the public,and the effect of the proposed variances 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 variances 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 . a variance to Orono Municipal Zoning Code Sections 10.28,Subdivision 5(B)to allow construction of a porch and deck 15' into the required 30' setback based on the following conditions: 1. Council approval is based on the revised site plan submitted by the applicants with City staff annotations, 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 , r I . ♦ O� � . O ``' O Y C ITY of ORONO � � : � , ti ��L �G~' RESOLUTION OF THE CITY COUNCIL `9kEs�IOg' N0. Q� � � � 2. 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 (July 28, 2004). . 3. 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. 4. The undersigned applicants have read, understood and hereby agree to the terms of this � resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. ' Adopted by the Orono City Council on this 28th day of July, 2003. � ATTEST: . ��, .� �� - Linda S. Vee, City Clerk Barbara A. Peterson, Mayor �'� �� .. Property Owner(s) � � 3 ' i , • , O� � • O O �� CITY of ORONO � � -.- :-. � , ti ��i� �G�' RESOLUTION OF THE CITY COUNCIL `�kEsH.og' • NO. �� , '� . STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instnunent was acknowledged before me on this�.� day of�,2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. KRiSYI B.At�IDERSON �,,,�i,�,�j_�,�.,,,d.e�,� . t��tv Pue�.�c-1NtNNESOTA Not Public (u4y CC�m1iRi0l1 Exp�es Jan.37.2007 � �' . _.e�'�" STATE OF MINNESOTA � � COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this�day of�c,�-s-� ,2003 � � � 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. , � EL DQQGE ��--� ` �s�,�,. RAC�! ��'c�� '`'��i; h:IP:t::,,�7A ��1� ,� NOTARY PU6LIC- F�,'�C"-�� u�sJsr•f'��4��' �: Notary Public - : ?•y-�'� pAy Cemmisston Exp' .� .�.;�:r.-+�' • 4 � r . 7' O� • O � O � . CITY of ORONO ,� -- ; �, , ti �� G~' RESOLUTION OF THE CITY COUNCIL `�kEsKo'�' No. �. U � � State of Minnesota ) ) ss. County of Hennepin ) This instiument was acknowledged before me this�day of �'L( ,2003 by Wayne Johnson, husband of Anne Johnson. BARBARA G.SILUS � NOTARY PUBLfC-MINNESOTA �Q� My Cortunission Expires Jan.31,2008 Notary Public . State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this�day of�;uq�� ,2003 by Anne Johnson,wife of Wayne Johnson. U BARBARA G.SILUS �a NOTARY PUBLIC-MINNESOTA My Cotnmission Expines Jan.31,zooa Notary Public � $ � � � � _ � , � . . � . � • 110��' . . �� - �� • . . . � o � a� � � � . � . � � . , -,� .�� : � � ; �o �� . �� , . � . , . ti� �� \ � . . s .�� . � s�. � . . �� . . ��s o�s2,� � \ , nr • �� \ . . � (1� �� V J99 54 fL n�.� . ,hh� \- au 4 'e ' � \ -. � '� Ra� W/Plostie .. � . �s sa� . x I ��$ J 4ss OP'� � ., ,V�� i sp,Wal/ �1 A-, � `��o� � • �� StOr �yr�'� � �• • O j !60 �69�F��me ��o '�� = I p p�Ol�os� P�o�Sa d�B�k .. n�J . � � � . • . a; �f'or� °� f� � , . . . . 9 6 ��/�� . //9 fG � � /6�j FC R �; ' �o'� ryA .� �e0 6fS4•F� �/y9S . '�/ \ �`�!'/c pO��!o be�Bma�d � I . v , �� I � . y � � � ^ � � � I �� v \1' �ry � , � ,�O � I � � � , . � • `�°� v . � v �� • � � J, , � ss��ss\ `� 2A,, � • . � ' . � � ., i �\�� ... . � . Orw. No. 030869