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Home My WebLink About01-2714 Recorded Easementr MGM O �a •1�• A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE S 'CTIONS 10603*5 SUBDIVISION 14 (C), AND SECTION 10.28, SUBDIVISION 3 (B) FILE 92109 '�VIIEREA�S, Todd Smith (hereinafter "the applicant"} is the or�nler of the property located at 1380 A�bor Street within the City of Orono (hereinafter "City") Lind legally described as follows: Z,ot 4, BJo:.k 1, Markville, Hennepin County, Minnesota (hereinafter '°the property"}; and WIII+�IZE�S, the applicant has �.ppiierl to the City for variances to MuniipaJ. 7on1na Code Section 10.G3, Subdivision 14 (C} and Section 10.28, Subdivision 5 (B) to permit construction of a 10'x14' three season porch to be lo:.ated 12.3' fi'om the north side lot line where a 30' setback is required and 10' from the east rear lot line where a 50' setback is required, TrIe proposed structural improvement will result in total lot coverage of 321% 1,763 s.f. where the code would have. allowed 1,500 s.f. or 27.0.% and xxhere 32% exists. 1��1in:�,esola: l�il�tVV. THLRT'FOI?F,, BE IT RESOLVED by the City Council of Orono, i'Ii'.I�3;�TCS 1. `l•l�is applic��tion was reviewed as Zoning File �21G9. 2. The property is located in the RR-1B, Rural Residential 7;o�iiitg Disirict requiring acres in area. The property consists of 5,5G6.2 s,f. or .126 acres. 3. The Orono Planning Commission reviewed this application on February 20, 199b, and recommended approval of the variances as proposed based upon the lowunique findings and hardships: TRANSFER ENTERED "l HENNEPIN COUNTY TAXPAYER SERVICM 1'a�e 1 of 5 AUG q.A ON i � � �-J �� I: ;C. l� E. � 1' 1 1 RESOLUTION OF THE CITY COUNCIL NO. r�i �3�� I,ot is .126 acres in area and subject to 2 acres zoning standards. Lot was created and residence constructed prior to zoning requirements. Z'h�re are no a l.iaceiit lands available to combine. with substandard. pr>>��rty. A large open space park exists to the immediate north of property. 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'xl4'. 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, 'out 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 'Coning Code and Comprehensive Plan of the City. 5. The City Council has =considered this application including the iir_dings and recommendations of the Planning Cornr�iission, reports by City staff, comments by the applicant and the effect of the praposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDF,R AND CONDITIOI\TS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal 'Coning Code Section 10.03, Subdivision 14 (C) and Section 10.28, Subdivision 5 (B) to permit construction of a 10'xl4' 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 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 fixture requests tc add �: tr:a.ch�ra1 improvements . to trte existing residence whore :32% of structural `ee�verage exists must be matched with either equai. or greater rz:m.,vals o1 existing structu.e. ;. .louthorities gra�.ted by this resoh�tion .run .with t',.Ze property not ��ith 'the ;applicant, 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 (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 ter -•ins of this resolution and on behalf of himself, his heirs, successors and assigns, hereby In to the recording of this resolution in the chain of title of the pTope1t'• Page 3 of 5 ��4 Council on this llth day of March; 1995. Gabri STATE OF MINNESOTA ) } SS. COUNTY OF HENNEPIN } Jabbour, yor The foregoing instrument was acknowledged before me on this llth day of March, 1996, by Gabrield Jabbour, Jr. & Dorothy M. Hallin, Acting Ivlayor &City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City `— JAMIE L. BOSMA r` NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2000 Page 4 of 5 Olaf low; Is . . NOR '3692 STATE OF MINNESOTA ) ss. OOUNTY OF HENNEPIN ) lcao (� before art; a N< ciav of L .�\t �`�- t/ —, , On trris --s� ��_ _.._�_ � \ L P r n �I e Fdi� ��- Pub1i c wrtl?r?��cr for said c :��.rn� , �.1r.:�o ��PP ��. --- --- knawn o me to b?, the p�:.i•son(s}'� �esc?•ib � iri acid who executed the fore �;oic!g-�:instrament, and acknowledged that he (they) <;xecuted the same as his (their) free act and. ti ed:: . °� �•�. JAMIE L. BOSMA NOT�`Y pL�13LIC NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY C �J 4,M..•° My Commission Expires Jan. 31, 2000 S`I`A'I'E OF NIINNESOTA ) ) ss. ::OUNF Y OF HENNEPIN ) � _, 19t) (� befnre nrF a Notary - Frublic witl3zn and for said county, Personally a Feared known to me to be the .person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the saiiae as his (their) free act and deed. • . " JAMIE L 80SMA �."' 7` • NOTARYPUBLIC-MINNESOTA • " HENNEPIN COUNTY '�lMN••• My Commission Expires Jan, 31, 2000 s STATE OF MINNESOTA j COUNTY OF. HENNEPIN } CITY OF ORONO ) I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minneso to do by certify that I have compared the foregoing copy of a resolution of the City cil of the City of Orono with the original record of such resolution�'m the uMinuteseldf the on Coun proceedings of said Ciry Council at a 1Meet 96t�and that the same is a true and correct March 11 cop— y said resolution duly adopted by said City Council at said meeting. 1�8th , In Witness Whereof, I have hereunto set my hand and seal this March , 19 _ 96• k ' � F Tf tr ._,, V,i a � y