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Home My WebLink AboutResolution 5013 , y Y 3850 rls�f O O'lv 0 --A f, 0- _ CITY of ORONO v$, 11\ ` �!�'i Com. 341)10' RESOLUTION OF THE CITY COUNCIL e `q$ESg04 NO. O Lri A RESOLUTION GRANTING VARIANCES e41 TO MUNICIPAL. ZONING CODE SECTION 10.23 SUBDIVISION 6B FILE N . 03-2912 WHEREAS,Marvin Smith &Mary Smith, husband and wife, (hereinafter "the applicants") are the owners of the property located at 1940 Country Club Road within the City of Orono (hereinafter the"City") and legally described as follows: Lot 6, Block 2, Long Lake Country Club Addition, 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 Section 10.23, Subdivision 6B to allow the construction of additions/revisions to the existing home requiring a side setback of 18.8' where a side setback of 30' is normally required, and a front setback of 36.8' at the house and 39' at the garage where a 50' setback is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#03-2912. 2. The property is located in the LR-IA Zoning District, which requires a 30 foot side yard setback and a 50 foot front yard setback. 3. The Planning Commission reviewed this application at a public hearing held on July 21, 2003 and recommended approval of the side and front yard setback variances based on the following findings: a. The existing residence was built in 1965, prior to City adoption of the current LR-1A zoning district minimum lot requirements. b. The hardship is the existing house location in relation to the front and side property lines. Metro Legal Services Inc. Page'1 of 5 Box 491 ev 0 =, _ _ CITYofORONO �� , "'exi,..7M, 0 RESOLUTION OF THE CITY COUNCIL ` kesti g' NO. c. Lot coverage by structures will be 7.1%, well below the 15% limit. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance 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 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 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 Section 10.23, Subdivision 6B to allow the construction of additions/remodel to the existing home requiring a side setback of 18.8' where a side setback of 30' is normally required, and a front setback of 36.8' at the house and 39' at the garage where a 50' setback is normally required, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants 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. 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). Page 2 of 5 • (c4' OCITYof ORONO �,t4 � (1 %�,, 17„, RESOLUTION OF THE CITY COUNCIL ` kEts,, g� N O. e 0 1 3 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 applicant's heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. r Adopted by the Orono City Council on the 28th day of July, 2003. b :t` TTEJ: ' lottaitisee - 7. 0 s X13 . " i� r /, — Z,e: y 1.:;").11''.1j-itida:�gV,Ce City Clerk Barbara A. Peterson, Mayor ,-9...)..,,/ ` ,' ;r ' j WVIAle /Y'(,1 //)1( ' — Prop: y Owner(s) Page 3 of 5 0 0CITY of ORONO C�� ►!:I�,I� ' ,_ �G RESOLUTION OF THE CITY COUNCIL 41i'ES1-1Og' NO. 5 0 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ; t day of L if,, , 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. • KRIS 1 B ANDERSON 1 •'.•.. i►' Notary Public t a NC`PY PUBLIC-MiNNESE'. rkte. MjrC(1mmissionEwes 2007 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of Lc ;< , 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. ) •J RACL DODGE nt_ Ec �i c ev( 'r' Nora r -"ITA 5 Notary Public My Cc rn , , Expire_J i_„ , Page 4 of 5 • fiC- 41-- 0 0 =� 0'. CITYofORONO v,„Aii,,,,2,-7 ti4„ , ,� ,v',_.G RESOLUTION OF THE CITY COUNCIL `9$ESg04?” NO. ; 5 0 1 State of Minnesota ) ) ss. County of Hennepin ) rd This instrument was acknowledged before me this 2 day ofSe-pt...•ricr , 2003 by Marvin Smith, husband of Mary Smith. RACHEL DODGE > ` IC�.,�-- G�---� -r CUC� . __ O NOTARY PUBLIC-fN,INh; OTA Notary Public My Commission Expires Jan.31,2'345 State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this 23'day of 32-6a--€.4...6-- 2003 by Mary Smith, wife of Marvin Smith. 41,10/ i CLuet .4Le4-4 • �,: BARBARA G.SILUS ` Notary Public NOTARY PUBLIC•MINNESOTA ':.;.; My Commission Expires Jan.31,2008 l� Page 5 of 5 • EXI-\ 1?)11' A • • CERTIFICATE OF SURVEY FOR , � ; MARV SMITH 9 OF LOT 6, BLOCK 2, LONG LAKE COUNTRY CLUB ADDITION HENNEPIN COUNTY, MINNESOTA • 2 • ,- 3 H , 73.43-°p:wbaa io'-�..—o-�..sr..../ tall,sasenanls o 08 Pr .•4'`'.`T7. •la6z a 4 • ;..,..,—%..- • • EXISTING sl_. 1111F SHED - )." • • M m • i.• F N 8x34.30• h' acn{�►;�n u% 1tip , a�:R� ;• • • • • �L UB "slit, / . s( -bdlSR 0AD • ,Q, • e• • • • • LEGAL DESCRIPTION OF PREMISES: Lot 6, Block 2,LONG LAKE COUNTRY CLUB ADDITION • • This survey shows the boundaries of the above described property, cnd the Iccction of cn existing house,porch,tern-to and shed thereon. It does not purport to show any other improvements or encroachments. o Iron marker Bearings shown are based upon on assumed dot= CE344.2 4Ne0r• arc acscavnaY o J-J•.E r, .,., r GRONBERG& I NEACBT CERrrT DIM'Drs ruK SeCorc.r a REPCAT SCNC ""'^ ASSOCIATES,INC. eus�.sm Sr K«uca YT o.uCT UPT.A0yp„.,a 1._30, PFR CD6.LRt Dams. DAY LC 3 e�•Lss'c.�D4'r(u CD4 LA'O 5 tT 91C PAMf.YS �u s DC urs n R[st115 0 W(sef4 O.rC 4,6043445 N.MLLOW IXLONG LAK[W.53558 3/18/02 1156 952-473-4141 �•�/fr/ .01.0 o,Tc f-l..v w Icon wew /7;..sr -02-091 1 r `7 ` . . . - . . .) sr-,0...),-...r a ft....Y(.7.t.) A.. r_i_ 0 15- 0 0 g m -ri • ., -tj C,* . ril Hi — . ..:,. isfi C_) ‘-'-n -11 /7111 ('; a (2 -I I/ t -,_.--..-I r-A:‘,.c• Fri Z"- Cf) M --.0 0,1 VI J'.. .,1 o --4 ill Cr 0 a3 -< cr) 1 00 r