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Home My WebLink AboutResolution 4926 r0 „..,. 0,..k4, CITY of ORONO RESOLUTION OF THE CITY COUNCIL lkESTrI04 NO. 4r5 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUI#DIVISION 6 (B) AND SECTION 10.03, SUBDIVISION 14 (C) FILE NO. 02-2861 WHEREAS, Erik Thompson, (hereinafter "the applicant") is the owner of the property located at 1940 Concordia Street within the City of Orono (hereinafter "the City") and legally described as follows: Lot 1, Block 1, Fagerness Green, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS,the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6(B)to allow construction of a second story to the existing house to be 14' from the front lot line where 30' is required in the LR-1C zoning district and to permit 2,840 s.f. (17.9%) of structural lot coverage where 2,371 s.f. (15%) is allowed; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on January 22, 2003, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#02-2861. 2. The property is located in the LR-1C Zoning District,where.5 acres is the minimum required lot area. The property consists of approximately 0.35 acres. 3. The Orono Planning Commission reviewed this application on January 22, 2003 and recommended approval by a vote of 5 to 1. Page 1 of 6 Metro teal Services Inc. scx491 1,, 0 At O O CITY of ORONO 14•4 � ,i$1A6.', G~ RESOLUTION OF THE CIT COUNCIL �ESII0 NO. 4. The Planning Commission made the following findings of fact: A. Planning Commission finds that a lot area variance is not required since the existing house foundation and part of the first floor walls will be used, without structural repairs. If the foundation which is located within the 30' front yard setback is found to be replaced, the application needs to be revisited and reviewed as new construction. B. The existing residence was built in 1920,prior to existing zoning standards. C. The hardship is the existing house location in relation to front lot lines. C. The hardcover in the 250-500' setback zone is below the allowed 30%. D. Lot coverage by structures will be 17.2%,above the 15%limit. However,the applicant is removing the shed decreasing the amount of lot coverage by structure that currently exists on the property. E. The irregularly shaped property is due to a subdivision which occurred in 1973. F. The new second story will not adversely affect any adjacent neighbor's view of the lake. G. The applicant has requested to add to the existing house rather than build a new structure on the property. The owner has stated the existing foundation will not be removed or altered as part of the remodeling plan. 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 will 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. 6. The City Council has considered this application including the findings and Page 2 of 6 I. 0 itt CITY of ORONO v iNt`ot. �� RESOLUTION OF THE CITY COUNCIL �ESH04 NO. 4 5W , recommendations of the Planning Commission,reports by City Staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allow construction of a second story to the existing house to be 14' from the front lot line where 30' is required in the LR-1C zoning district and to permit 2,840 s.f. (17.9%) of structural lot coverage where 2,371 s.f. (15%) is allowed. Approval is subject to the following conditions: 1. The existing shed and all hardcover proposed for removal is completed prior to a final inspection. 2. Final drainage plans shall be reviewed by City staff to ensure drainage is properly directed. 3. The property shall be developed in conformance with the site plan attached as Exhibit A. 4. If it is determined the existing foundation which is located within the 30' front yard setback is required to be replaced, all variance approvals shall be withdrawn by the City of Orono and a new variance application shall be submitted by the applicant. 5. Authorities granted by these variances run with the property not with 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 these variances will expire on that date (February 10, 2004). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby Page 3 of 6 . • , .• gv o At O O ?,:, 0- CITY of ORONO ti �� ., ��r� „ C)s RESOLUTION OF THE CITY COUNCIL �EsKo4 No. 4 ' agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 10th day of February, 2003. ,f t „ ' , .. .cf 14, f t k r' t N e ,. /'(,V,•-_-_41.,://- / } Li ' 1 A' ,p0:Clerk Barbara A. Peterson, Mayor Property`e"t".fir(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 10th day of February,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. 1 ► _.. . _ AA 9 ♦I.*A• Not. Public ', ':!. ALISSA A.WINTERNHEIMER ,,,,e NOTARY PUBLIC-MINNESOTA STATE OF MINNESOTA 0. My Commission Exp'res Jan.31,2006 COUNTY OF HENNEPIN , • -.... _..w_.---_,.._. The foregoing instrument was acknowledged before me on this ;/; 2,fi, day of February, 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. y '-�"y'.w.ii�.�...rriir /, . " ! ( ; --2 A RACHEL i N I NOTAriv F'U,^.t;r_ Notary Public T .., My Commiesior,Er irE•:, :35 Page 4 of 6 O � O gv 0 At CITY of ORONO "$4 Y' :.� RESOLUTION OF THE CIT COUNCIL kzs-a NO. 4 STATE OF MINNESOTA COUNTY OF HENNEPIN On this t ! day of / ,2003, , I � . personally appeared before me, who is personally known to me ' whose identity I proved on the basis of t& ) , whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. 44` DENISE M.LESKINEN %/ c'? NOTARY PUBLIC•MINNESOTA .< Mir Commission Ex es Jan.31,2005 Notary Public ST• - : COUNTY OF HENNEPIN On this day of , 2003, personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of . a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 5 of 6 Exhibit A (f 9 4-' "`\ _ ,: 0 i. . ,,,,. ,4,,,(1,;.,) (,..,i:_ , 71". X \ 4. 41 —. p c w • o z, f_- � z hoz \ 1 kI\ i' al r Ewe \\\' ' � re I - Z� Y =• r 13 T _ s Z f \� " vti �-moi � = o cic V N — — --ikr, co R Sk ,j tn v. • \ tsi _o_ 1 c _ -1. -. 4- a X — tiet2..,....:At 3 • i, ,.."..)k 5� ` - I I 73 c G` L N E I - vs - ' `� J \ NN `` C. G X Z tr%\ 1 2 X I o i — I Page 6 of 6 - • ,.. * . �,. ,.1'rc\ .Q� � 4i." � X‘�� v \ V ` ,..' r. x c= r=O -' r•-• cz e"-----...-1 1p�,��► ' �av, `i. i V t i i �'-' •. r: .- i 1�O 1.)