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Home My WebLink AboutResolution 4865 V t • giV 0 41. O 4 --:a ; 1#14- CITYofORONO 1,� �q � I 4, RESOLUTION OF THE CITY COUNCIL 4ICEsKo4` NO. 4 ': ,a . A RESOLUTION GRANTING VARIANCE ry TO MUNICIPAL ZONING CODE • d SECTION 10.23, SUBDIVISION 6 (B), FILE NO. 02-2812 WHEREAS,Marvin J.Smith and Mary F.Smith,husband and wife,(hereinafter"the applicants") are the owners of the property located at 1940 Country Club Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 6, Block 2, Long Lake Country Club Addition, Hennepin County, Minnesota, (hereinafter"the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to allow a front yard setback of 39' where 50' is required to construct a 2 story addition over the existing garage. 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 August 19,2002,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#02-2812. 2. The property is located in the LR-1A Zoning District,where 2 acre is the minimum required lot area. The property consists of approximately 45,161 s.f. (1.037 acres). 3. The Orono Planning Commission reviewed this application on August 19,2002 and recommended approval of the proposed variance based upon the following findings: A. The existing residence was built in 1965,prior to city adoption of the current 2 acre zoning standards. Metro Legal Services Inc. Box 491 1 of 5 gv 0 At 0 0 '3 . - CITY of ORONO It s‘,Aft';',/.4 30)V`_ G RESOLUTION OF THE CITY COUNCIL B. The hardship is the existing house location in relation to front and street lot lines. C. Lot coverage by structures will not change and will still be well below the 15% limit. 4. 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 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. 5. 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. 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 10.23, Subdivision 6(B)to allow a front yard setback of 39' where 50' is required to construct a 2 story addition over the existing garage. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 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 (September 23, 2003). 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 2 of 5 • gOAi- 0 0 \� - CITY of ORONO ' Y , RESOLUTION OF THE CITY COUNCIL lif ESI-1- .40' NO. 4 R 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 agree to the recording of this resolution in the Chain of Title of the property. 'r gAdoptedby the City Council of the City or Orono,Minnesota at a regular meeting held on the o da';of September, 2002. . ci , '0 VI EST /64,4 ./•-•'I—ISH7 H h.,,,6„/16,,,,L,C.'",) .� >''1' 11140 ' .*:C166; City Clerk Barbara A. Peters , ayor a ..0ertyv'0!, n„. O r(s) 4. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on thisd day of September,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. /? Notary Public ,j/I/.I/f1/✓JI!✓J lf_, - lti i M1 M. LESKINEN Is t.',,,;'-( ' NOTARY PUBLIC•MINNESOTA STATE OF MINNESOTA g My Commission Expires Jon.31,2005 ;: r ;:6 ,.'l ee• COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 2 7 day of September, 2002 by Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal corporation and said 3of 5 1 0 1V' Oza, O CITY of ORONO .1:4:4 '' �1Vir f, O~ RESOLUTION OF THE CITY COUNCIL llkE8I3�'� , g„� No. 4865 instrumen was executed on behalf of the City. i .. '. 4 / c/ 77:61.c At'l ' ---/--- Notary Public tNOTARY PUELIC-NIiNi,ISOTA STATE OF MINNESOTA 'zMy Commusicn txaires Jan.31,2005 COUNTY OF HENNEPIN On this 214 day of S� emh,,e,2002, P7 a k U i ti J. S, /4 personally appeared before me, who is personally known to me rr' whose identity I proved on the basis of P7 N D I 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. -�✓r�...-��-��iir.�1�r! r�t�l fes-1 �y'� �) MARY ANN JOHNSON .% '7(� {�L72'/t/ ..1-P-/ � • ,.. NOTARY PUBLIC-MINNESOTA ` �l -,` ,'? My Commission Expires Jan.31,20055 � Notary P is G STATE OF MINNESOTA COUNTY OF HENNEPIN ell On this/l- ay of ',A (4/ , 2043, /)/(/i.y 1--. -5:,, ,-/A /'.`' �personally appeared before me, who is personally known to me V whose identity I proved on the basis of -0/ /' E' > i ,t 14.s,{ 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. `, j BARBARA G.SILUS ;,/+)Gt- 6 c 4 ,/.,✓�`. -cc--3 e�' : NOTARY PUBLIC•MINNESOTA `� • My Commission Expires,lan.31,2008 i Notary Public _____/ 4 of 5 . • I .Exhibit A • ` - CERTIFICATE OF SURVEY FOR MARV SMITH OF LOT 6, BLOCK 2, LONG LAKE COUNTRY CLUB ADDITION HENNEPIN COUNTY, MINNESOTA • 2 48 3 + t ' • 4S, rel $ rt,`••ti..e ... ,3 = 6 Rt�t Eaasrn+c0 • ... ... 31-4 • te0.01.• I • . e? -7' - ' - - J I1 • N aru?Sa-w • :44' RtiZ e ..t.. ��: lr ' CoUlyT„Y c . `mow ; •_ 5 � R0Ad • •- ✓tea • b0 4. t _ • • ' LEGAL OESCRPTTCN Cr PREIE S: Lot 6, Flock 2. LCNC LAKE COUNTRY CLU8 ACCMCN ThIs :wily shows the botndcies of the above described property. a+d the kuat;on of a+ esistirg house.port),.Iron—to Aral shed thereon. K does not pa-port to show coy other Improvements or encroachments. • O Iron ma-kir Bea-'r+ys shorn ere booed upon en asstrned drawn • •t101101 &MI fig .e o.�..,�a.CaT npR~� `„"`".�T J'/•.c /.•� /reri we.♦✓ .r GRONBERG ASSOCIATES,INC. ".....",'-',...7..,”, frp trLLtf K�"vcP r "t"""'"'''''s t'�JCV..w .4.p .01.0 WO R CTC&rHC z ufa slim,sat,tx,tis :Atli r•.°2"u.1 w"wA" O wt9orl Mr[ Kcc<u 01(04C/1\ 11.1S N.10100 o2 MC w�.ret 31131 �--,///'/_ 1/111/172 arc 1-/•,t aw umc.LLQ /L7 fr '02-0S t Page 5 of 5 • ��:1;x !1m01:2l,1a4 3K' , '� Z Q '\ 1 " ....,0 ( cca 1(•t....: x;1:2•X-4 _7:-2744 0 q Zug _ y_ O - v \r F