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Home My WebLink AboutResolution 4866 � T� y r n O� . . . , .. - � ' � O O � '� � � -_ � - � CITY o� ORONO ,� ,: .;.. � ti ti - RESOLUTION OF THE CITY COUNC�L �L� pg'�G • � NO. 4 � � � kES�I � � A RESOLUTION GRANTING VARIANCE TO MU1vICIPAL ZONING CODE � SECTION 10.23, SUBDIVISION 6 (B), � FILE NO. 02-2820 WHEREAS,Michael Lasher(hereinafter"the applicant")is the owner ofthe property located at 1360 Railroad Avenue within the City of Orono (hereinafter "the City") and legally described as follows: s � , � � All that part ofNortheast'/4 ofthe Southwest'/4 of Section 10,Township 117,Range , 23, described as follow: Beginning at a point on the Southerly line of Lot 6 of � Elbridge S. Barnes' First Subdivision distant 205.08 feet Southeasterly from the Southwest corner thereof; thence Northwesterly to said Southwest corner; thence, Southwesterly along the Easterly line of the right-of-way of the Great Northern Railway 179.06 feet; thence deflecting left 90 degrees to an intersection with a line � drawn through the point of beginning at right angles Southwesterly from the Southerly line of said Lot 6;thence Northeasterly to the point ofbeginning;subject to that part thereof lying within Central and Railroad Avenues, Hennepin County, Minnesota, (hereinafter"the property"); and WHEREAS,the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to allow construction of a covered porch to the front of the existing house to be 40' from the front lot line where 50' is required in the LR-lA zoning district. ' 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 September 16,2002, 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#02-2820. 2. The property is located in the LR-lA Zoning District,where 2 acres is the minimum • . 1 of 6 ' � �� O , � • - 1 CITY of ORONO � .�.� C�� Y f C� �'� ' G'�' RESOLUTION OF THE CITY COUNCI L L�kESI3�g'� NO. � � � � required lot area. The property consists of approximately.51 acres. 3. The Orono Planning Commission reviewed this application on September 16,2002 and � recommended approval by a vote of 7 to 0. � 4. The Planning Commission made the following findings of fact: A. The structural coverage on the lot is increasing to 2,360 s:f.(10.6%) well below the allowed 15%. ' B. The hardship is the existing house location in relation to the front lot line. C. The hardcover in the 500-1000' setback zone is well below the allowed 35%. D. The existing residence was built in the early 1960's,prior to current zoning • standards. - E. The front covered porch is in character with the neighborhood. F. The only neighbor potentially impacted by the covered porch wrote a letter of support. � 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. � 2 of 6 � �� O � • �� CITY of URONO � ,� - ,:_.,.. �, . ti ti RESOLUTION OF THE CITY COUNCIL ��kESI3��G 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 10.23, Subdivision 6 (B) to allow construction of a covered porch to the front of the existing house to be 40' from the front lot line where 50'is required in the LR-lA zoning district. 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 rec�uire further Planning Commission and City Council review. 2. 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 � (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 authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read,understood and hereby agrees to the terms of this resolution and on behalf of himself,his heirs,successors and assigns,hereby agrees � 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 23rd day of September, 2002. ATTEST: � — � Linda S. , ' erk Barbara A. Peterson,Mayor Pro erty wner(s) i � 3 of 6 � °� 0 0 • ' � . CITY of URONO � : ��'`,�� ti � ti RESOLUTION OF THE CITY COUNCIL �L`�kESI3�g'�G NO. � � � � STATE OF MINNESOTA COUNTY OF HENNEPIN z.c��` The foregoing instrument was acknowledged before me on this��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 - DENISE M.LESKINEN � STATE OF NIINNESOTA NOTARYPUBLlC-MINNESOTA COUNTY OF HENNEPIN •�� MY��0�p��an.31,2005 The foregoing instrument was acknowledged before me on this `27 day of September, 2002 by Linda S.Vee,City Clerk of the City of Orono,a Mi esot� municipal corporation and said • instrument was executed on behalf of the City. Notary Public D�idfS�M.LESKlI��+ NOTARY PUBLIC-MINP:ESOTA STATE OF MINNESOTA ,�„ p�y Corm�ss(on Expires Jan.31,200� COUNTY OF HENNEPIN � �^8�- • On this 2 �{' day of ,2002,__�i�,�Q,� ''�L�S�,.�.r-; personally appeared before me, who is personally known to me s/ whose identity I proved on the basis of 1✓�� L 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 � � F DENlSE M.LESKINEN NOTARY PUBLIC-MINNFSOTA • . .,,,,:� My Cornmission Exp�es Jan.31,2005 4of 6 � ��' . , O � , . • � g..� � CITY of ORONO � - ;.. � , ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESI30g'�G NO. � � � � STATE OF MlNNESOTA COUNTY OF HENNEPIN On this_day of , 2002, personally appeazed 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 instniment,and acknowledged that he/she/they execut�d the same as his/her/their free act and deed. Notary Public • . . � 5 of 6 . . . . � 'Exhibit A° ' • 1360 Ra.ilroad Ave., Crystal Bay,Mn, 55323 LEGAL DESCRIP'ITON:AlI tbat patt of Northeast 1/4 of the Sauthwest 1/4 o�Saxioa 10,Townst�ip 117,Ra�e 23, . de�bed as follows: Beginning at a point on the Southaly line af LoE 6 of E[bridge S.Baraes"F'ust Subdivisioa distsnt 205.08 fcet Souiheastaly finm the Southwest cainer ther� �eaa Na�thwcsterly to said Southw�st ooma;.theaa • Southwesstaiy elong the Easteity.line of 1he iight-of-way of the C�reat Naathan Ra�waq 179.06 fce�:.�iaioe:ilefledirig.� ldt 90 degrecs to aa iatasocti�with a line dca�va thnough the point af beginaing at right angl�s Sa�a�sterty�finim the _ Southaly line of said•Lot 6; theuoe Nartheastaty to the point of baginning;�subjxt to that patt�thci�cof lyarig withia . . • ' •Ceutral andR.e�+oad Avr�uues. • � . � � . _ ; ti _ .,. .,..,:. .. _.-.:�• . , � - � ` r�;: � . .� .. .•' '..-��. 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' !ti �, ��t' � °P•� ., .; ; �•� �. � ? : y -p�� ".,�:' `. ,� cr' . � � W ad �i�'`�� f 9 ` ' � . ��ew�� j�� ,�._ . � � ' / \ ti- e �.r• • .::�.,+:'� .� ` � c'�x �� ( � . �,a . . � °' :.�'�'! �� . . � � -� � �` �' `�. �. . � . t � ;�Y ��`° .�, . �� . � - . ,. { . .� o •�`:<.•� �ti. . . � / Q, : .� • � LJ 1 A' •. - � • �� .��.• .0 o(tj . b� � �.U. ;a� •8 . . : - ; . .---. O '�',; ,�°i � •yo' � '�' �P°�`�' t✓ • • ' ' . ,� •�� . � �_' � � '- . . �- � .�`' ,� � �. '` ':�c� �� c ' ?� � o �� .''�6 � '-`� /`� � OO\Y • ,k� • j, �y� •t nl • . . ` �� G . �10��5. �P . :�'f"p{an�t�`Pe . � , . o� v . ,�9 03� �: \� . � ; . • �� da�b o�L` . . � �c • :.� ` !�/ 5�/S� . � �°° . . '. . . • • • . LEGEI�ID: c • .� . ' ,2�°34¢%� ..i� �b�c��' Whc� : � . . .. Scale:l iach=40 fcet .. . .. •- '�� QP • ,�5,7�_ fh��"`'t . _ Beaiings ane essumed �. . .� . . . ! � • ' . e Denotes It+onPipeFouad � � . ' � 0,23 . 'e P.P.-Deaotes Powa Pole . . . • � vi S P . M-Dcnotcs(�arrut Measvred Distaao�s ' . �� . D-Deuotes Original Dad Measuncmcuts • • . . Ana=OS2 Acnes ' _ . . . � . . . � . . I hereb c�rtify that this CERT�TCATE OF SURVEY was prepared by me and that I am a duly -�� —�� Re ' te Land Surveyor undes the laws of the State of M'innesota. As suiveyed by me y of ZmQQi=. . � . . • . � - � � : - Garv L.B r,Land Surveyor,Mn License No. 10948 � Pav.e (, �f fi