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Home My WebLink AboutResolution 5030 � o,�,. . • o � : �� CITY of ORONO � ,� -- ... � � ,r �ti . � G RESOWTION OF THE CITY COUNCIL . . �`9kES�IOg'� . N0. �� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24 SUBDIVISION 5 (b) . FILE NO. 03-2931 , WHEREAS, Timothy G. Osterberg & Kristi J. Osterberg, husband and wife, (hereinafter "the applicants") are the owners of the property located at 1045 Loma Linda Avenue within the City of Orono (hereinafter the "City") and legally described as �� follows: � Lots 26, 27, &28 Lorna Linda,Hennepin County, lVlinnesota ' (hereinafter the"property"); and • WHE�AS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 10.24 Subdivision 5 (b) to allow replacement of an existing garage 28' from the front lot line where a setback of 28' is normally required. NOW, ']CfY�ItE�'ORE B� IT R�SOLVEI) by the City Council of Orono,Minnesota: " � FINDINGS 1. This application was reviewed as Zoning File#03-2931. 2. The property is located in the LR — 1B zoning district, which requires a � minimum lot area of 1 acre and a front yard setback of 35'. . - 3. The Planning Commission reviewed this application at a public hearing held on August 18, 2003 and recommended approval of the front yard setback variance based on the following findings: a. The property is .466 (19,429 s.f.)in size when 1 acre is required. � � b. The existing garage has a front yard setback of 28' and is proposed to , � be replaced at a setback of 28'. _ Page 1 of 5 � • . � °� �. • � � ° � - s � CITY of ORONO � � -,... � . ti �� G~' RESOLUTION .OF THE CITY COUNCIL `�kEsKO�' No. 5 0 3 � c. There are limited alternative locations for the attached garage replacement due to the configuration and topographical constraints of the lot. , . 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 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. CONCLIJSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants a v.ariance to Orono Municipal Zoning Code Section 10.24 Subdivision 5 (b)to allow the replacement of an existing garage to be located 28 feet from the front property � line when 35 feet 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(August 25, 2004). � � �, • r:- Page 2 of 5 ' . � °� � • � � � � : CITY of ORONO �1 � ., D+ . -- , . F �� G~' RESOLUTION OF THE CITY COUNCIL . �kES�I�g' NO. e5 O � O 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. � � Adopted by the Orono City Council on the 25th day of August, 2003. - ATTEST: � � � U�� ._ . • inda S. Vee, City Clerk Barbara A. Peterson, Mayor , � , � . Prope y Owner(s) ' � • �� Page 3 of 5 ' � °� . • � �: ° � z CITY of ORONO � -, .; � . , ti �� G�' RESOLUTION OF THE CITY COUNCIL . `�kEsKO�` NO. � 0 � � STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing instn�rnent was acknowledged before me on this Z� 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. �-- /�-��c r� e� � ,.r. Notary Public � �; y�-.• RACHEL DODGE , �( i ' � NOTARYPUBLIC-MINNE;OTA , ''� •,.' My Cortunission Expkes Jan.31,2005 � �; _ „�< • .�.�:",;:w,..=��:.:�.:.°- _ . . • STATE OF MINNESOTA � - COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this Lb'T day of ��, 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota murucipal corporation and said instrument was executed on behalf of the City. . � �� Notary Public ° RACHEL DOaGE � ��f�r�. t '£.=r„ NOTARY PUBLIC-MlNNE?OTA �; �;,;;;,�' Ny CortrNesion Expire�Jan.31,2005 �. • r:• . Page 4 oi 5 ' � o.�,. . , • � �: ° : CITY of ORONO ,� ' ., � , ti �� G~' RESOLUTION OF TH CITY COUNCIL . ��k.ESHOg'� NO. � Q � O State of Minnesota ) . ) ss. County of Hennepin ) This instrument was acknowledged before me this L'`"'day of S , 2003 by Timothy G. Osterberg,husband of Kristi J. Osterberg. BARBARA G.SILUS ��e,.e �,�� NOTARY PU81.(C•MINNESOTA �„�y�n��an,s�,2ooa Notary Public � � State of Minnesota ) � . ) ss. County of Hennepin ) This instrument was acknowledged before me this��day of _ , 2003 by Kristi J. Osterberg,wife of Timothy G. Osterberg. DENISE M.LESKINEN NOTARY PUBLIC-MINNESOTA NOt Public �., ,;� My Commission Expires Jan.31,24C5 :� � . � � , Page 5 of 5 - � � � . . �1Cl�I'l ��Y � . ' CERTIFICAT.� pF SURV�Y 5 � 0 0 • FOR: KRISTI �STER�ERG LEGAL DESCRIPTION: Lo ts 2g, 27 & 28 LOMA LINDA, Henn epin Co un t . . , y, Minnesofa, . �OMA � � LINDA �4 V,E . . . . ed e oI Ditum;novs �oad � O O _ .— — _- 130.0 Plat 131.08 .. ��0• �� Meas. �g�1�' ; y, - , ► � , ... . � � , � � � � " � �.. � o o . . �r �� 'r�8.3 v . � � � `J • ~ 1 � � EXISTING 5.h � -� � � � � � �� . . . '~ "' HO USE �� 2s.2 � � ' . ^�' ' Bitumloous `�c � �J 11.5 Orive (�', . • � .. � ' 4 � � Q ti ^Y � � "/ • . t . 15.0 � i �, � ,� ! �� .4reo=19,952 SF n � � �� RA�� ~ � � � 2�� x Z�' � � � r1�' ., ' ° � . L.V / �v � � ` � y /1 T �•-, �i c , • � � /l T �-v 1 L:i F O�� L_v I L/� c � �'°"� r • � a b � � O / . , 140.0 PIa t 139.95 - � - . Meas. � . � � . '''� � � s�`�8�4G '' � � 1�- � ' t� L � ► Adjocen� Nouse � I a DenotesT�� o Denotes found monument C:\EP\OR;.W\127 69.0 DEMARS—GABRIE� � hereby certify thot this survey, plon or repart was prepared by me or under my direct supervision and that I am a duly. Registered Land Surveyor under the 2169� -LAND SURVEYORS, I�C', �°"'S oF the state oF Minnesoto. 3030 Harbor Lane No. ,� ��''. gaa;�—poc r;..� `• Plymouth, MN 55447 David E. Crook ' ''�' 416/27 Phone:(763) 55g-0908 • Dote:_ �/ '2� �:� ' • .�: Sca(e . . Minn. Reg. No. 22�14 �"-30� c� rc 1 �;. . ` . �. .-•.,,., — a • �, `•: lcl r;:1 x. .i �.iJ �,.. �..�7, . Ra►,rr�..,., ..[-`s�� _ .�.'.�,j ._. :J F:7