HomeMy WebLinkAboutResolution 4949 T .
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��L � �� �G~' RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B) AND
DENYING A VARIANCE
TO MUNICIPAL ZOIV'ING CODE
SECTION 10.03, SUBDIVISION 14 (C)
FILE NO. 02-2863
WHEREAS,Richard L.Kail and Diane M. Supernant(hereinafter"the applicants")
are the o�imers of the property located at 3753 Casco Avenue within the City of Orono(hereinafter
"the City") and legally described as follows:
Lots 7 and 8, Block 4, "Casco Heights", Hennepin County,Minnesota, (hereinafter
"tl-ie property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.28, Subdivision 5 (B) and Section 10.03, Subdivision 14 (C) to allow
cor.struction of a new single family residence to replace a pre-existing resicience on a.37 acre lot in
the LR-1C Zoning District where a .5 acre minimum lot area is required; and to allow sai�l new
residence to be 3,262 s.£ (20%)of lot c�verage by structures where 2,414.25 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 Councal of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #02-2863.
2. The property is located in the LR-1C Zoning District, where 0.5 acres is the
mir�imum required lot area. The property consists of approximately 0.37 acres.
Page 1 of 5 M8ilO Le9al Services InC•
Box 491
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RESOLUTION OF THE CITY COUNCIL
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3. The property contained an existing residence foundation and detached garage originally
built in 1950, �vhich was destroyed by fire in 1998, leaving only the foundation and a
detached garage.
4. The Orono Planning Commission reviewed this application on January 22, 2003
and recommended approval of the lot area variance and denial of the lot coverage by
structures variance by a vote of 6 to 0. The Planning Commission made the following
finding of fact:
A. The lot area of 0.37 acres is sufficient to allow reconstruction on the site,
where a residence has previously existed for many years.
B. Removal of the existing foundation and building a new residence is new
construction requiring that all lot standards must be met.
C. There is insufficient hardship to support the requested lot coverage by
structures variance. The need for extra storage and lack of land to combine
suggested by the applicant as a hardship, can be ameliorated by downsizing
the design of the residence to meet the required lot coverage by structure
limitation. Furthermore,while the land adjacent to the subject property is a
platted alley, the City does not intend to vacate it.
5. The City Council finds that the conditions eYisting on this property are peculiar to it
and do not apply generally to other property in this zoning district; that granting the
_ variances�vill 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.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City Staff, comments by
the applicants and the effect of the proposed variances on the health, safety and
welfare of the community.
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CONCLUSIONS, ORDER, AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance tu Municipal Zoning Code Section 10.2�, Subdivision 6 (B)to allow construction of a ne�v
sinQle family residence to replace a pre-existing residence on a .37 acre lot in the LR-1C Zoning
� District where a .5 acre minimum lot area is required; and to deny a variance for lot coverage by
structures for said construction. Approval is subject to the following conditions:
1. No variances other than lot area are granted by this resolution. The applicant must
provide construction plans meeting all city lot requirements in order to obtain a
building permit.
2. Authorities granted by this variance run�vith the property not with the applicants,but
are permissive only and must be exercised by application for�t building per�nit within
_ one year of the date of Cotmcil approval, or these variances ��-ill expire on that date
(April 14, 2004).
3. 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.
4. The undersigned applicants have read, understood and hereby agree to the ternis 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.
_fi. �
Adopted by the City Council of the City or Orono,Minnesota at a re�ular meeting held on the
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,�4th d'ay':af April, 2003.
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Linda S:�'ee, City Clerk . Barbara A. Peterson, I�layor
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Property�O�rner (s)
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RESOLUTION OF THE CI�Y COUNCIL
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STATE OF MIi�1NESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 14th day of April, 2003 by
Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was e�:ecuted on behalf of the City.
�� F°"�'"'�� RACHEL DODGE � �l�;/") !
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��i �' Pdy Commission Expires Jan.��,2005 �.� Notary Public �
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STATE OF MINNESOTA
COUNTY OF HENNEPII�'
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The foregoing instrument w�as acknowledged before me on this�day of April, 2003
by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said
instrument w �f the City.
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` ""'�"' RACf-IEL D06�E , ;'
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�`; tVOi"i;^YPUSUC h'P'� .,��i,1 Z: �- .�k:�. �`-�—=�/ /..-�L��f:�',�_._._
�!t�'��71!�'f�SCil�%'�fE� ".t �t;iJ.• A':
�`. Notary Public
STATE OF MIi��TESOTA
COUi�1TY OF HEi�II�TEPN
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- On this <L day of ') � _ ,2003, ���./7G,��.� G . ,�_,J ;,,,�,�. personally
appeared before me, '
__ ���ho is personally known t� me
_ .,. �chose identity I proved on the basis of_j�..� ,L..' {�(,
whose identity I proved on the oath/affirmation of , a
credible witness
and���ho elecuted the foregoing instrument,and acknowledged that he/she/they eYecuted the same as
his/her/their free act and deed. �`�_,
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.� �° `- `' ,',"'� M.LESKi�VEPJ Notary Public
��.l ' .`_ h!'' P,RY PU�UC-MINt�ESOTA �
a+� '�"` My Commis,ion Expiros Jan.31,2005
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STATE OF MINNESOTA
COUNTY OF HEI�'NEPIN
On thisZ'"day of ��;.,�_, 2003, �,�';c n<< ����-��,, ::,_�L1;�t�r��c�tP�if� �; ��,���3 personally
appeared before me,
�vho is personally known to me
,_% whose identity I proved on the basis of ;� -���,; �L
whose identity I proved on the oath/affirmation of , a
credible witness
and�vho executed the foregoing instrument,and acknowledged that he/she/they executed the same as
his/her/their free act and deed.
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EENISE M.LESKINEN ' ' � �;�� ,��,;`.-.*'�---
' NOTARYPUBLIC-MINNESOTA �3 Notary Public
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Page 5 of 5
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�� CITY of ORONO
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��� �G~' RESOLUTION OF THE CITY COUNCIL
�kES�IOg' NO. _ � � � �
A RESOLUTION GRANTING A VARIANCE
TO MU1vICIPAL ZOlvING CODE
SECTION 10.25,SUBDIVISION 6 (B)AND '
DENYING A VARIANCE j �
� TO MUNICIPAL ZO1vING CODE
SECTION 10.03, SUBDIVISION 14 (C)
FILE NO. 02-2863 !
�
, WHEREAS,Richard L.Kail and Diane M. Supernant(hereinafter"the applicants")
are the owners of the property located at 3753 Casco Avenue within the City of Orono(hereinafter
� "the City") and legally described as follows: '
i
Lots 7 and 8,Block 4, "Casco Heights",Hennepin County,Minnesota, (hereinafter
"the property"); and � '
• WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.28, Subdivision 5 (B) and Section 10.03, Subdivision 14 (C) to allow
construction of a new single family residence to replace a pre-existing residence on a.37 acre lot in
the LR-1C Zoning District where a .5 acre minimum lot area is required; and to allow said new
residence to be 3,262 s.f. (20%) of lot coverage by structures where 2,414.25 s.f. (15%)is allowed;
and '
I
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning arid 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: j .
�
FINDINGS
� .
l. This application was reviewed as Zoning File#02-2863.
' i � .
2. The property is located in the LR-1C Zoning District, where 0.5 acres is the
minimum required lot area. The property consists of approximately 0.37 acres.
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- �..r C ITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
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� . `�k'ESI3�g' . NO. � � � � �
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3. The property contained an existing residence foundation and detached garage originally
built in 1950, which was destroyed by fire in 1998, leaving only the foundation and a
detached garage. ;
4. The Orono Planning Commission reviewed this application on January 22, 2003
and recommended approval of the lot area variance and denial of the lot coverage by
structures variance by a vote of 6 to 0. The Planning�Commission made the following
� finding of fact: �
�
A. The lot area of 0.37 acres is sufficient to'allow reconstruction on the site, � � �� -�
where a residence has previously existed for many years.
� �
B. Removal of the existing foundation and,building a new residence is new
• construction requiring that all lot standazds must be met.
i
C. There is insufficient hardship to support the requested lot coverage by
structures variance. The need for extra storage and lack of land to combine
suggested by the applicant as a hardship, can be ameliorated by downsizing
the design of the residence to meet the required lot coverage by structure
limitation. Furthermore,while the land adjacent to the subject property is a
platted alley, the City does not intend to vacate it.
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�vill 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�4ould be in
keeping�vith 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 applicants and the effect of the proposed variances on the health, safety and
welfare of the community.
�
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� � r CITY of ORONO �
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. �,� G'�' RESOLUTION OF THE CITY COUNCIL
��kEsI3�4� NO. � � � �
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 new
single family residence to replace a pre-existing residence on a .37 acre lot in the LR-1C Zonirig
. • • District where a .5 acre minimum lot area is required; and to deny a variance for lot coverage by
� structures for said construction. Approval is subject to the following conditions:
1. No variances other than lot area are granted by this resolution. The applicant must
provide construction plans meeting all city lot requirements in order to obtain a _ .
building permit. . '
2. Authorities granted by this variance run with the property not with the applicants,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
(April 14, 2004).
3. 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.
4. The undersigned applicants have read, understood and hereby agree to the terms of
this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby ab ee 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
� 14th day of April, 2003. � �
- ATTEST:
. " � ,/��
��
Linda S. Vee City Clerk Barbara A. Peterson, Mayor
* �/��-�' c
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• Property Ow�ner{s)
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��� CITY of ORONO
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�',� �'�' RESOLUTION OF THE CITY COUNCIL �
. L�kESI3�g'� N0. L�. � � � . � .
STATE OF MINNESOTA � .
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 14th day of April,2003 by
Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instniment was executed on behalf of the City.
�° RACHEL DODGE �
,�ti ,,,''����.
��.�;,
: f, .� My Commission Expires'�nC3LT�
' ��-� Notary Public
..�.: .
:�..
:�.,�-'^
STATE OF MINNESOTA
COUNTY OF HENNEPIN -
/ �
• The foregoing instrument was acknowledged before me on this l � day of April,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.
j ���'��ti��;;._ RACHEL DODGE G�-L� �>�C
��`'+ {' NOTARYPUBL{C-MIN�E?OTA .
�: • : a• Ny Canmission Expi2s Jan.31,zoo5 Notary Public
.,
��:-;..._._.-�..��: ...�:.<:�.
STATE OF MINNESOTA ,
COUNTY OF HENNEPIN '
rD• /
- On this�day of �v�� ,2003, �ie�lA�/7 G_ /�A>� , S.�ti[c_. personally
appeared before me, �
who is personally known to me
,/ whose identity I proved on the basis of �t�(i(/ .17G
�vhose identity I proved on the oath/affirmation of , a
' credible witness
and�vho executed the foregoing instrument,and acknowledge that he/she/they executed the same as
his/her/their free act and deed. �
.
C�IVISE M.LESKINEN Notary Public
NOTARY P118LFC-MINNE�7A
� My Cam►�sion ExP�y Jan.31,2005
.,,,.
Page 4 of 5
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g � . CITY of ORON4
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RESOLUTION OF THE CITY COUNCIL �
�L� p4'�G . � � - . N o. � � � � .
k'ES�I
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this��clay of�u�, 2003, _�i�ne �(.SuOe��v�f;��personally
appeared before me,
who is personally known to me
_�whose identity I proved on the basis of (�(/�) � L,
whose identity I proved on the oath/affirmation of � , a
�credible witness
� and�vho executed the foregoing instrument,and acknowledged that he/she/they executed the same as
his/her/their free act and deed.
� DENISE M.LESKINEN �
NOTARY PI�LIC-M�NNES07A
My��on��s�an.3�,2oe5 Notary Public
�
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