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Home My WebLink AboutResolution 4896 . . � O _ Y � O � O : -�� g � CITY of ORONO � , -�.;.. � { ti RESOLUTION OF THE CITY COUNCIL '�� G~ - `�kES80g' . NO. � � � � A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 5 (B), , FILE NO. 02-2849 WHEREAS, Steven Jacobson (hereinafter "the applicant") is the owner of the property located at 4185 Sixth Avenue North within the City of Orono(hereinafter"the City") and . legally described as follows: � � The west 245.00 feet,as measured at right angles,of that part of the north 25 acres of the Northeast Quarter of the Northeast Quarter of Section 31,Township 118,Range 23 lying south of County Road No. 6, which was formerly also known as State Highway No. 110, Hennepin County,Minnesota, (hereinafter "the property"); and WHEREAS,the applicant has applied to the City for a variance to Municipal Zoning • Code Sectiori 10.27,Subdivision 5 (B)to allow construction of an attached garage/bedroom addition to the etisting house to be 41.3' from the front lot line where 100' is required in the RR-lA 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 November 18,2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. � NO�°V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File#02-2849. ` 2. The properiy is located in the RR-lA Zoning District,where 5 acres is the minimum required lot area. The property consists of approxi�nately 1.02 acres. 3. The Orono Planning Commission reviewed this application on November 18,2002 � and recommended approval by a vote of 6 to 0. � Page 1 of 6 � O� . • � �:� � � . S CITY of ORONO ,� � �-� ,�.. � , ti '�� G~ RESOLUTION OF THE CITY COUNCIL `9kES�I�� NO. � � � . 4. The Planning Commission made the following findings of fact: A. The structural coverage on the lot is increasing to 1,723.62 s.f. (3.9%)well � � below the allowed 15%. � � B. The hardship is the existing house location in relation to the front lot line. C. The existing residence was built in 1945, prior to current zoning standards. D. The well and septic system are in locations that are not affected by the proposed addition. E. The interior layout of the house would make it difficult to construct a functional attached garage/bedroom at a location not needing a variance. • F. The adjacent properties are not affected by the �attached garage/bedroom addition. 5. The City Council finds that the conditions existin�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 tfie 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 a • variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to allow construction of an Page 2 of 6 � . � �� • � �: � z � CITY of ORONO � � -.�..,... � , � . RESOLUTION OF THE CITY COUNCIL �� Gti � � `�kEsKO�`' rvo. 4 � � � . attached garage/bedroom addition to the existing house to be 41.3' from the front lot line where 100' is required in the RR-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 require 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 pernut within one year of the date of Council approval, or these variances will expire on that date (November 25, 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 a�ees to the terms of this resohrtion 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,lVlinnesota at a regular meeting held on the 25th day of November, 2002. ATTEST: � , �d • `�Linda S. Vee, City Clerk Barbara A. Peterson, Mayor � -- 2 � . Property Own s) � Page 3 of 6 � °� • � �� ° _ g ciTY o� oRoNo ,� ,:... � . , ti ti RESOLUTION OF THE CITY COUNCIL . ��kEs�I�4�G NO. 4 � � � STATE OF MINNESOTA COUNTY OF HENNEPIN • The foregoing instrument was acknowledged before me on this 25th day of November,2002 .by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instnunent was executed on behalf of the City. . . � ^�"-�. � �'� '� b�h�W1Q.1.��L�t . Notary Public . _� `� �..�.. .:_:...:.;�...�;:...��.:�....�._ _ '•. ALISSA A.VYiN i CRN�fEIMER NOTARY PUBLIC-MINNESOTA STATE OF MINNES OTA ��"�31�� COUNTY OF HBNNEPIN , n The foregoin�instrument was acknowledged before me on this �� day of 1`�� 2002 by Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed o f the City. ,��_�1 RACHEL DODGE 1=r,-*-4, NOTARY PUBLtC-MINNE^orA. ` Notary Public � ,� N,�Commission Expires Jan.37,2Q05 STATE OF MINNESOTA COUNTY OF HENNEPIN r � S�n9 On this�day of dC/77 �,2002, SfPd�� .Ta.co�s d�� personally appeared before me, who is personally known to me � c%/�Nhose identity I proved on the basis of �l�U /`��, � � - whose identity I proved on the oath/affirmation of ' , a � credible witness and who executed the foregoing instniment,and acknowledged that he/she/they executed the same as hislher/their free act and deed. Notary Public • DENISE M.LESKINEN Page 4 of 6 � My��anE�T� . . �y � O� . � • O �:g ^ O ' 1 . CITY of ORONO ,� , �., . � ,� ti ��L �Gti RESOLUTION OF THE CITY COUNCI L `�kEsKO�`' No. 4 � � � . STATE OF MINNESOTA . COUNTY OF HENNEPIN � . , � ' ; ^ On this day of , 2002, personally 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 � , Pa�e 5 of 6 ' ' • " Exhibit A 4 � g � ~ � � sa��va ��.?��,°� < ;� 's`' � o •°,� � � � ��^; � � J' N � � ,�=�,,�� e:•'•a R1 .,�� '1 1 N � QS� �7y Q �D � =j p �� • �� o°'� 1 — Q. � f� n.ti q A� . a u2�v7� a � a �J 0 �:��,�� a a �.1..�Z� � ��a �._ � .�?• 1 T] oo+:+ �.��'J' � �' �� O �MOZn � �� V ir iS�Zyn] � o �O � O p �.o �o � a ,`y� . oa ° �h 0 J J j j O �DJ�� O ` � � ►� �Q 0 O p 3 p �' �� -� � � � T `s ��ti� R ' . � � y �l �n �•�� try�` Q O . . o .. � 1 � 1' O .� O 0 3 Q•; Z . � ' p y (Il � �1 1 , � `I n y � f'� . . . 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