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Home My WebLink AboutResolution 4942 M, - �.•� , �= L � � O� • O O � � � CITY of ORONO �.- ,� - ;.. � - : �, ti RESOLUTION OF THE CITY COUNCIL �L�9 , p4��G N 0. � � � � kEsB A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (B) AND SECTION 10.03, SUBDIVISION 9 (D) FILE NO. 02-2864 WHEREAS, Josephine Carpenter (hereinafter "the applicant")is the owner of the property located at 480 Russell Avenue,within the City of Orono(hereinafter"the City")and legally described as follows: "Exhibit A"attached,Hennepin County,Minnesota,(hereinafter"the property");and WHEREAS, the applicant has applied to the City for a variance from Municipal Zoning Code Section 10.03, Subdivision 9 (B) and Section 10.03, Subdivision 9 (D)to construct a 239 s.f. detached garage closer to the front property line than the principal residence, in the RR- • 1 B zoning district; 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 March 17,2003,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, Min.nesota: , _ _ , FINDINGS � � l. This application was reviewed as Zoning File#02-2864. 2. The property is located in the RR-1 B Zoning District,where 2 acres is the minimum required lot area. The property consists of approximately 1.821 acres. 3. The Orono Planning Commission reviewed this application on March 17, 2003 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: • � Page 1 of 5 . , � O� - • O O ' CITY of URON4 � ... ,� .� �, - 1 br'•" � ti RESOLUTION OF THE CITY COUNCIL ��`9 pg'�� NO. ` t �� 61. � kESI; . - A. The principal structure has existed on the lot since before the adoption of the current zoning ordinance; � B. The principal structure oriented to face the private driveway on the west side of the property, not the street; � C. The lot is oddly shaped; and D. The topography of the lot makes it difficult to locate accessory structures in the side or rear yard of the principal structure. 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 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 variances from Municipal Zoning Code Section 10.03, Subdivision 9 (B) and Section 10.03, Subdivision� (D) to . . construct a 239 s.f. detached garage closer to the front property line than the principal residence. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant as attached to this resolution as Exhibit B. Any further amendments to the site plan may require further Planning Commission and City Council review. 2. Approval is subject to the following conditions: a) Building permit application must be made for residing of the existing detached • garage at the same time application is made for the new detached gazage; Page 2 of 5 � o.�,. � • o � '�� CITY of ORONO y . 1a � ' ;'.. ►�'I ' ,° F1 RESOLUTION OF THE CITY COUNCIL ��l ��'~ ; � �kESI3�4 NO. � � � b) The canvas covered shed must be removed from the property prior to building permit application since it is not a definable structure by building code; and c) The two existing metal sheds exist without a building permit and must be ' removed from their current location on the lot prior to building permit application for the detached garage. To be conforming, the sheds require relocation on the lot to a conforming location and building permit approval. 3 . Authorities granted by this variance 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 (March 24, 2004). 4 . 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. • 5. The undersigned applicant has read,understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby 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 24th day of March, 2003. ATTEST: . . � � �- c-��,c�.�. ,�a�e'� . . R�,�� L�rid�-d-ee,�C��Cle�r,k Barbara A. Peterson, Mayor �O ' � Property Owner(s) • Page 3 of 5 . � °� • o � � - � CITY of ORONO ,� -, � � � � �� ti � RESOLUTION OF THE CITY COUNCIL , ��l �G~ �kESI�� NO. � � � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrumerit was acknowledged before me on this 24th day of March,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. �� j� �.� �� Notary Public N�PARY�-�ItNNESGTA � 61i4ylCoulrr�9ExpiresJan.39,Z907 �. . �o;,�...��7� STATE OF MINNESOTA _ _ COUNTY OF HENNEPIN �h�l DT�Y e�orego en�µnstrument was acknowledged before me on this �� day of March,2003 by Li�a �.-b—�-,�City�lerk of the City of Orono, a Minnesota municipal corporation and said • instrument was executed on behalf of the City. Notary Public DENISE M.LESKINEN � STATE OF MINNESOTA - N°Ta�ra�c-�aN►��a W�y C,onxn�,y(on Expires Jan.31,2005 COUNTY OF HENNEPIN On this `�' day of Jt.,Qa.m� ,2003, `'S"�-,�philiR.. �• �.e��n�'CV' personally appeared before me, who is personally known to me - ' � �hose identity I proved on the basis of � }J i7(_ whose identity I proved on the oath/affirmation of ,a credible witness and who executed the foregoing instrument,and acknowledge that he/s efthey executed the same as � his/her/their free act and deed. asa�p � � DENISE M.LESKINEN � NOTARYPUBLIC-MiNNESOTA NOt�PUbI1C '.;` ' Commission Exp'�res Jan.31,2005 .,�,•�r My • �f • Page 4 of 5 � �� 0 �, _ � �. CITY of ORON� ,� .�.;... �, . �� ' � ,� ��ti RESOLUTION OF THE CITY COUNCIL ��kES�I�g'� NO. � � � � ' STATE OF MINNESOTA COUNTY OF HENNEPIN On this_day of , 2003, nersonally 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 5 , , � �x�t��" A � � � � AESCRIPTION OF SUB�FCT PROPFRTY • (As supplied by client) (Par 1 and 2 — per Certificate of Title No. 662661, Dated April 24th,1985) (Par 3 — As supplied by ciient as shown on survey from Gordon R. Coffin, dated 8/20/64) Par 1: That part of Lots 3 and 4, "Auditor's Subdivision Number 284, Hennepin County, Minnesota: described as follows: Beginning at the Southeast comer of said Lot 3; thence East along the South line of said Lot 4 a distance of 48.4 feet; thence North parallel wiEh the East line of said Lot 3 a distance of 310 feet; thence Southwesteriy 254.65 feet to a point which is 188.3 feet West of the East line of said Lot 3 and 212.6 feet North of the South line of said Lot 3; thence West parallel with the Sauth line of said Lot 3 a distance of 25.5 feet; thence Southeasterly 271.7 feet to o point on the South line of said Lot 3 distant 47.05 feet West of point of beginning; thence East to point of beginning, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. Subject to an easement for right of way purposes over that portion of said Lot 3 included in the above described Tract described as follow: Beginning at a point on the South line of said Lot 3 distant 21.55 feet West of the Southeast corner thereof; thence Northwesterly 271.7 feet to point 212.6 feet North of the South line of said Lot 3 and 188.3 feet West of the East line of suid Lot 3; thence West parallel with the South line of said Lot 3 o distance of 25.5 feet; thence Southeasterly 271.7 feet to a point on the South line of said Lot 3 distance 25.5 feet West of point of beginning; thence East to pc�nt of beginning as shown in deed Doc. No. 152393, Files of Registrar of Titles; Par 2: That part of Lot 11, "Auditor's Subdivision Number 307. Hennepin County, Minnesota" described as follows: ` Beginning at the Southeast comer of Lot 8, said Auditor's Subdivision No. 307; thence East along the extension of the South line of said Lot 8 a distunce of 46.6 feet; thence North parallel with the North and South center line of Section 2, Township 117, Range 23 a distance of 352.61 feet to a point in the extension of the Northerly line of said Lot 8; thence Southwesterfy along said extended Northerly line of distance of 49.83 feet to the Northeast corner of said Lot 8; thence South along the East line of said Lot 8, a distance of 310 feet to the point of beginning. That part of Lot 12, Auditor's Subdivision No. 307, Hennepin County, Minnesota described as follows: Beginning at the point of tntersection of the Northerly line of Lot 8. said Auditor's Subdiv�sion No. 307 with the North�and South center line of Section 2, Township 117. Range 23; thence Southweste�ly along the Northerly line of said Lot S to the angle point on the Northerly line of said Lot; said point being 25.5 feet East of the most Westerly comer of said Lot 8; thence Northwesterly 32.2 feet to a point 204.74 feet Southwesterly from the point of beginning, thence Northeasterly 204.74 feet to the point of beginning. • according to the plat thereof on file or of record in the offices of the Registrar of Titles and the Register of Deeds in and for soid County. PAR 3: That part of Lot 10 in Auditor s Subdivision Number 307, Hennepin County, Minnesota, described as follows: Beginning at the Southeast corner of Lot 8 in said Auditor's Subdivision No. 307; thence West along the South line of said Lot 8 a distance of 48.4 feet to a judicial land mark in the North and South center line of Section 2, Township 117, Range 23; thence South along the North and South center line of said Section 2 a distance of 114.3 feet to the Northwest comer of Lot 9 in said Auditor s Subdivision No. 307; thence East along the North line of said Lot 9 a distance of 95 feet to the Northeast comer of said Lot 9; thence North porallel with the North and South center line of said Section 2 a distance of 114.3 feet to a point in the extension of the South line of said Lot 8; thence West along said extended South line of said Lot 8 a distance of 46.6 feet to the point of beginning, according to the plat thereof on file and of record in the office of the Register of Deeds of said County. � , � � � � ��t� I� . , � `o�o��t�� e� 1 1 ' � i 1 . ^G`n,� .�tllJ,�,J�l�.�� / /I � I �„ y (� ��+L J,'J � / "4��' � I I J ��,`'JJV ��'tOb 3 OCfd�N / 'Olo��I � p� I .^.'.+f�'�;' / � `'�w� o 2 /�ro��}�S,cwsl�" .r• i J ':5� i� �� I p I . � � � Y� r0��' �� I p� I O a ;:��L�� o�t �N � '1n� G r � � C- N89°53'10'E�,�olr�' �� / / / I 25.50 � I ``�� .. / / a�u�� ' ` " I iND 7K'N f,jt'�j, C, �\\ �Q��j�a_ � / I I � '��' '''��;u; 'f � '/ -i 46 3�,� �,.�,,��, ��-�,� I I � '�g�r,� `�3� � � � i� r °ao�i � �' t,� ^/ I � � I C� Q� �iJ$ ` .� /// �e '� N y '�i � /�� ♦ I � � � Y y�' / �l10 j� .�\`� �i '� I o � �� \ �'s I � ' p�� I " � �° ^ C� q _� � k '<-' � � � � �'S� I $ 'i �p p� I o : �1, � \ � / v . 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