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Home My WebLink AboutResolution 4883 � 4 . 1 � O� . O O � � � � C ITY of ORONO a �� ti �� G~' RESOLUTtON OF THE CITY COUNCIL �kESH.Og' NO. � � � � A RESOLUTION GRANTING VARIANCES � TO MUNICIPAL ZO1vING CODE SECTION 10.03, SUBDIVISION 9 (A)AND (D); AND SECTION 10.27, SUBDIVISION 5 (B) � FILE N0.02-2835 WHEREAS,Thomas Frederick Adams and Janette Lee Weaver,husband and wife, (hereinafter"the applicants")are the owners of the properiy located at 500 Orchard Park Road within the City of Orono (hereinafter"the City") and legally described as follows: Lot 11,Orchard Park,Hennepin County,Minnesota. (hereinafter"the property");and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.03,Subdivision 9(A)and(D)to permit an accessory building to remain on the property following removal of the principal building and to permit the building to be located 167' from the front property line,closer to the front property line than the principal building,and Section • 10.27, Subdivision 5 (B) to permit new construction on a lot containing 4.0 acres exclusive of wetlands in the RR-lA district where 5.0 acres is required. 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 October 21, 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#02-2835. 2. The property is located in the RR-lA Zoning District,where 5 acre is the minimum required lot area. . 3. The Orono Planning Commission reviewed this application on October 21,2002 and recommended approval of the proposed variance based upon the following findings: � Page 1 of 5 � f . � O� O O • �� g CITY of ORONO � � .:-.. � ti ti RESOLUTION OF THE CITY COUNCIL �� og'�'G N0. � � � 3 kESII A. The existing lot area is 4.0 acres excluding wetlands,4.8 acres including wetlands. The applicants' property is one of many lots Rzth a lot area just � under 5 acres along Orchard Park Road. The lots east of Orchard Park Road are developed residentially. Relocating the house on this property will not change the use or character of the property. The e�isting house is located only 20' from the side lot line and 41' from the front property line. B. No setback variances for the new house location aze required. C. In 1992 the City of Orono issued a permit for construction of a garage. The garage is the accessory building that would remain on the property following relocation of the house. The building is functional but has not been completed. � 4. The City Council finds that the conditions existing on this property aze 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 a�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. 5. The City Council has considered this application includina 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 10.03, Subdivision 9 (A) and (D) to permit an accessory building to remain on the properiy following removal of the principal building and to permit the building to be located 167' from the front property line,closer to the front properry line than the principal building,and Section 10.27,Subdivision 5(B)to permit new construction on a lot containing 4.0 acres exclusive of wetlands in the RR-lA district, where lot arza of 5.0 acres is erequired. Approval is subj�ect to the following conditions: Page 2 of 5 , � O� • O � O • � CITY of ORONO � , ' �-;. � ti , �� G~' RESOLUTION OF THE CITY COUNCIL `9kESIIOg' NO. � � '�' � 1. The accessory building shall be completed and a final inspection approved prior to issuing any permits to permit the house to be moved and/or remodeled. 2. All accessory buildings (except the garage for which the variance is approved) shall be removed prior to issuance of any permits for relocation of the house. 3. 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 pernut within one year of the date of Council approval,or these variances will expire on that date(October 28, 2003). 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 applicants have read,understand 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 28th day of October, 2002. ATTEST: Q� ` l�U� ,�f U�-� Linda S. Vee, City Clerk Barbara A. Peterson,Mayor , 1 ,�j -Q. Property Owner(s) , • Page 3 of 5 �°� . o , o • - > � CITY of ORONO ,� --- .,. � , ti ��L �G~' RESOLUTION OF THE CITY COUNCIL `9kESSOg' NO. � � $ � STATE OF MINNESOTA COUNTY OF HENNEPIN a� 3 The foregoing instrument was aclaiowledged before me on this 2,S�th day of October,20Q�by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �t�� r� RACHEL QODGE {s r � �;•�'�:i: ' ��`" �� , N�qRm��g�INNE"07A Notary Public � �°..i .�_' � Jan.31,2005 ��_�,"'=''� _ STATE OF NIINNESOTA COUNTY OF HENNEPIN 3 The foregoing instrument was acknowledged before me on this��day of October, � 200�Z 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. �:.:>; �;�L�6�-�--�-- !l_J(��-(�- ��''� RACHEL D��GE Notary Public ��....`;- MINNE�OTA �'t ! ,� tJOTARY PUBLVC' �� ` . My Commissian Expi�Jzn.31,2005 L��."yry f23 • Page 4 of 5 .�o,�,. . o , o . • . - S � � CITY of ORONO a - ;. � ��L � �G~' RESOLUTION OF THE CITY COUNCIL �kES�IOg' NO. � � � � State of Minnesota ) � ) ss. County of Hennepin ) r�• This instrument was acknowledged before me this�day of d�,fio�i' ,2003 by Thomas Frederick Adams,husband of Janette Lee Weaver. DENISE M.LESKINEN ' � � NOTARY PUBLIC-MINNESOTA '.:;,,,:a�� My Commission Facpires J2n.31,26C5 Notary Public State of Minnesota j . ) ss. County of Hennepin ) � ' • This instrument was acknowledged before me this�day of �e� ,2003 by Janette Lee Weaver,wife of Thomas Frederick Adams. ' � - Notary Public , , ��N�:�E My �1►YESOTA ��J�.31,2005 � v � Page 5 of 5 . r �� ;� � Exhibit A -- . � � � � . � . . _� ORCHARD PARK ROAD � _ � �, �p �, 330.15 QgCHAE 331.33 N 00•00 UO ' • ' .� � . � ' t , . ;; . , ': i . � . • . . m ' 3 :�.� � . � �� __ o� 2U �� - 2 O m Z '� rrt r � �m = N "O O Tt ua0,r� , �a,G `� �� .Z —! C7 . °� ^ .'+ �� N N � —! . ao o � ..;,� F' m`� � ._.�. c� . ` ��a�z � � � a �s a:i � Q �* (�7 � �� "�• � a --, C v . � -�w .. � --' �3� ...� m� N Z p D O � �" ° o, 'rl �-� � ., ` �! ��= �'o � 'n 0 m _ . . .. .,�u..... .. .� � .� � �,� o� � _ � cn � � , �:�.u , x � � � � � ��v < =�i � z o �' � b �qo� \%= . � D -C y^ T ``� O '1 (Y� , I --I � O ° D �7 's I � � � � `^` A,y` I I� *�. � I . � � . . LJ . . _ y � . :� . 0 � '�� Y . � S 00•07•09" E 331.34 ---"--" ' 331.75 QRG1,4R0 ppR1( ' � ' � , � � � , � c , . , � � . ' , • Y . • . � � . f . . ' , • Page 6 of 6