HomeMy WebLinkAbout11-3505 Recorded Resolution 6050/Y7.3 A�� �c��
Doc No T4863794
Certified, filed and/or recorded on
6/14/11 11:00 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
Jill L. Alverson, County Auditor and Treasurer
Deputy 26 Pkg ID 717056
Doc Name: Resolution
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
1164128
This cover sheet is now a permanent part of the recorded document.
2�
A RESOLUTION
GRANTING A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 78-305
FILE NO. 11-3505
n�
JN
ti
J�
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6050
A RESOLUTION
GRANTING A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 78-305
FILE NO. 11-3505
WHEREAS, Thomas McCune and Martha McCune, a married couple
(hereinafter "the Applicants") are the owners of the property located at 1473 Bay Ridge Road
within the City of Orono (hereinafter the "City") and legally described as follows:
Attached as Exhibit A, (hereinafter the "Property"); and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-305(B) to allow reconstruction of the roof
on the existing home with a slightly higher pitch than the existing roof resulting in a 16.7-foot
setback on the south side of the home and a 14-foot setback on the north side of the home where
30-foot side yard setbacks are normally required; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission and
Orono City Council held public hearings on May 16 and May 23, 2011 at which times all
persons desiring to be heard concerning this application were given the opportunity to speak
thereon.
Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File 11-3505.
2. The property is located in the LR-lA One Family Lakeshore Residential Zoning
District which requires a minimum lot area of 2.0 acres and a minimum lot width
of 200'.
Page 1 of 4
CITYof OR01 O
RESOLUTION OF THE CITY COUNCIL
NO. 6050
3. The Planning Commission reviewed this application at a public hearing held on
May 16, 2011 and recommended approval of variances based on the following
findings:
a. The property contains 41,329 s.f. (0.95 acre) in area and has 115-feet in width.
b. Sanitary sewer is available.
c. There is no additional land available to bring the lot area into conformity.
d. No additional living space is proposed.
e. The Applicants' request will not alter the essential character of the
neighborhood and will result in minimal negative impact on adjacent
properties.
f. The vertical expansion of the increased roof pitch will result in minimal
additional massing of the house.
g. The Applicants' request is in harmony with the purpose and intent of the
ordinance.
h. The applicants have demonstrated that enforcing the lot area and lot width
provisions of the Zoning Ordinance deprive the applicants of the reasonable
use of their property.
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 practical 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.
Page 2 of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6050
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants
variances to Orono Municipal Zoning Code Section 78-305 (B) to allow construction of a new
roof on the existing home with a slightly higher pitch than the existing roof resulting in a 16.7-
foot setback on the south side of the home and a 14-foot setback on the north side of the home
where 30-foot side yard setbacks are normally required, subject to the following conditions:
Council approval is based on the survey and building plans submitted by the Applicants
and annotated by City staff, attached to this Resolution as Exhibits B & C. Any
amendments to the site plan which are not in conformity with City codes will require
further Planning Commission and City Council review.
2. No hardcover variances are granted.
The building plans submitted for building permit will be reviewed to ensure compliance
with the City's building height and number of stories regulations.
4. 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 and commencing construction of said project. A framing inspection must be
completed within one year of the date of Council approval, or the variance will expire on
that date (May 23, 2012).
5. 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.
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 agree to the recording of this resolution in the chain of title of the
property.
Page 3 of 4
ng'o q'n
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. - 6050
;Adopted by the Orono City Council on the 23rd day of May, 2011.
Linda`,.. wee;City Cleric Aaron Hale Printup, Acti Mayor
7 roperty Owner s)
STATE OF MINNESOTA
COL'NTY OF HENNEPIN
This instrument was acknowledged before me this day of , 2011 by
Thomas McCune, husband of Martha McCune.
=1 ,«'
Mimi
✓,lttt_/./S1.rlrll ✓./'.l..T/Y./Y.l./-/�-�1J
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of , 2011 by
Martha McCune, wife of Thomas McCune.
111
Y ~
UI�/?ilt GA-- � f
Notary Public
Page 4 of 4
Exhibit A
Resolution No.
Legal Description
(As contained in Certificate of Title No. 74093)
050
Tracts E and N, Registered Land Survey No. 192, Files of Registrar of Titles, County
of Hennepin, State of Minnesota.
Together with an easement for driveway purposes over Tracts 7, K, L, M. O, P, Q and
R, all in Registered Land Survey No. 192 as shown in deed Doc. No. 569269, Files of
Registrar of Titles;
Subject to an easement for driveway purposes over said Tract NIT as shown in deed Doc.
No. 569269, Files of Registrar of Titles;
Subject to a public easement in the Highway known as County Road No. 7 as to Tract
E;
Subject to the portion of said land between the high water mark and the low water mark
of Lake Minetonka to the public right, including the right of the State of Minnesota to
use or reclaim said portion for any public purposes now authorized by law; (as to Tract
E) .
Also known as PIN No. 10-117-23 34 0005
\
\ \ %O%N�H/WSJ
\ b</
\
0 O
\N
\ re
o o h' 03-
� 4,
o ,.
l
\bob ooy 3(y�s
c1-7N,�J 0
J
��'
A030 000M
N
Uui
a SIZE
o�
o
m m
U'OCY'H
p
w
N
9 1��3M 0
90'FZ
xU..; o
a
L Wt
C
�a
O
C34u
I
rl
.LL. c
'
..
?30
o
00041 o'
o
' l°NibGis�l^
mm0
a
Cl'trl.: o*'o)FlO
el.
� r
_-
N030 _-
Goom
- Ll-A6B'Ll
I'd 60-*
N
cn
'I N '1)NIll3M0
1
o
str's as'sz
0ui
S
ui
Z�b
�Jy��
��' ���
I � '' OZ'ZZ
sl• � .
CS O c
fj) CL rL
�<
¢;
mB
d
L
q
W
i
t
aml
11- �
O�
H'I
iv%l 0 I Y
NNO�r:
��O 1— i O1hJyI I m
\�903`
J
i
�o
St o,
T D t1
m h
+O O -C N
N
3 O
N -C O u
a
m o c
o m m of
m E o aE
c
o E do
•� o
3o H E
v
N O r a
C C 6
N
O 7 O E
a z c ? c
c
>,.
c > O 3 c
7 u% C Y Q
otnN oc
o 0 o =
J y >
O-0 >• IL
y vtp ? W
W
O N Y N (1 >
Limo E E'
Irz H U>
c i �i
0
O
z
7
U Y
w y
Os
F• U
O
O
f`
O H
m
0
o
is
O
Z
li O
N
�
C
F
Cq
O! N
a
J
u
m
z a
O
O
T TI
O
> O
3'
ti
°o
w
In >
V
v �.
E)
J w
C rn
v
C
v
m
a.
N
m
>,
°
E 1
_ o
co
c
o
m m
a N
u
m o-
M
W O:
v
z
Z
oa 3
w
P--
x
d
w c `m
O
tt
O Q
U
cn
v
u2 dt
w
F O 10- c
}
CL
J
CA d J
-r
Ri
-mrod. MOD
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on May 23, 2011, with the original thereof on file in
my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 25th day of May , 2011.
City Clerk