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Home My WebLink AboutResolution 5362 Original1111111111111111111111111111111111 1/- Doc No 4181896 11/02/2005 02:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 156821 Deputy 33 New cert Cent Fees 1002258 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $2.00 COPY $48.00 Total CITY of ORONO p RESOLUTION OF THE CITY COUNCIL NO. 636 �- A RESOLUTION GRANTING A FRONT YARD SETBACK VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-420 (B) FILE NO. 05-3137 WHEREAS, Robert T. Jaffray and Victoria H. Jaffray, husband and wife (hereinafter "the applicants") are the owners of the property located at 540 Barrett Avenue within the City of Orono (hereinafter the "City") and legally described as follows: Lots 19,20 and 21, Block 14, MINNETONKA BLUFFS, Hennepin County, < Minnesota CL (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a front yard setback variance per Orono Municipal Zoning Code Section 78-420 (B) to permit construction of a garage addition onto the existing home including a screen porch above the easterly 20' x 15.5' of the addition to be located 22.8' from the front lot line where a 50' setback is normally required, and a covered entry. . NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS L; ti 2 r 1 1. This application was reviewed as Zoning File 05-3137. 2. The property is located in the RR — 1B, Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200 feet. The applicant's property is 0.45 acres in area and 150 feet in width. 3. The Planning Commission reviewed this application at a public hearing held on July 18, 2005 and recommended approval of the front yard setback variance based on the following findings: KI!��%9 Page 1 of RESOLUTION OF THE CITY COUNCIL NO. e5 3 ('� ,�= a. While the 1992 and 1995 variances approved a front yard setback of 25 feet, the 23 feet that exists today was unintentional. b. The proposal includes no further measurable encroachment to the existing front yard of Barrett Avenue, and will have no negative impacts to the neighborhood. c. All other Zoning Ordinance requirements with respect to structural coverage, side and rear yard setbacks, and building height are met. The property is not located within a hardcover zone. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a front yard setback variance per Orono Municipal Zoning Code Section 78-420 (B) to permit construction of a garage addition onto the existing home including a screen porch above the easterly 20' x 15.5' of the addition to be located 22.8' from the front lot line where a 50' setback is normally required, and a covered entry, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any Page 2 of 5 14k CITY of ORC RIESOLU7ION OF HE CITY COUNCIL NO. ��b ez amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The shed located in the northeastern corner of the site shall be removed. 3. 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 25, 2006). 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 applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. 3 City Council on the 25`h day of July, 2005. Barbara A. Peterson, Mayor Page 3 of 5 CTTY cJ (D)RIDY(D p RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this �5 day of -, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. s^ Notary Public FKRISTI 6. ANDERSON NOTARY PUBLIC-MINNESOTA Div i;ommission apires Jan. 312x%. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this IS4 day of 2005 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. ✓✓lJlllll!!lJlJlllll!!!!( 1 ll�{Il✓�Cllllllllllllll_/) Cc. L f--i-�- V) vcc Notary Public Page 4 of 5 RESOLUTION OF THE CITY COUNCIL NO. 5 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 2$ day of Sv�.l -005 by Robert T. Jaffray, husband of Victoria H. Jaffray, husband and wife. �I DENISE M. LESKINEN .NOTARY PUBLIC-MINNESOTA My commieeion Expires Jan 31, 2010 >, _ _- Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this -2S day of i 2005 by Victoria H. Jaffray, wife of Robert T. Jaffray, husband and wife. /1 =ARYINN EN OTA Notary Public 1, 2010 Page 5 of 5 L. L. S 88043' 00" E 129.48 2 1 PROPOSED DRIVEWAY i 26.8 — — — — — — — — — — o - I o. 2.7 N ..... EXISTING 2 13.2 10.4 pROPOSED� m 1 ADDITION HOUSE OVSE .j\EXISTNG�CK TO BE REOVEO #540 111 34.4 ••j" 1 ---- --- - 1 I 1 Itl r .J w J J Q 0 0 M