The URL can be used to link to this page

Home My WebLink About#05-3084 Recorded Resolution 52881111111111 11111111 II Doc No 8567193 04/19/2005 03 :44 PM Certified filed and or recorded on above date : Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 108691 Deputy 20 Fees $15 .00 DOC $4 .50 SUR $1 .00 COPY $20 .50 Total CITY of ORONO RESOLUTION OF THE CITY COUNCIL No tr n ),) 1:s • _, tr.; Jl ~-? A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE sEcTioN 78-395 CB) tet .. o Lega l Serv ic es Inc. FILE No. os-3084 Box 49 1 WHEREAS, James A. Olson and Patiicia E. Olson, husband and wife (hereinafter "the applicants") are the owners of the property located at 4360 Bayside Road within the City of Orono (hereinafter the "City") and legally described as follows: That part of the West ½ of the Northwest ¼ of the Northeast ¼ of Section 6, Township 117, North, Range 23 West of the 5th P.M. described as follows: Begim1ing at the Northwest comer of the No1iheast ¼ of said Sec.tion 6; thence East along the N01ih line of said No1iheast ¼, 514 feet; thence South 27 degrees and 30 minutes West 589 feet to the center line of the County Road which extends across said No1iheast ¼; thence No1ihwesterly along the centerline of said County Road to the West line of said Northeast ¼ and thence North along said West line to the point of beginning, according to the United States Govermnent Survey ther eof, and situated in Hem1epin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-395 (B) to allow construction of an attached garage 72' from the front lot line when 100' is normally required and where a front yard setback of 74' was recommended to allow for extension of the front foundation line of the existing home and attached garage. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Mi1mesota: FINDINGS 1. This application was reviewed as Zoning File 05-3084. 2. The property is located in the RR -lA, Zoning District which requires a minimum lot area of 5.0 acres and a minimum lot width of 300 feet. The applicants' property is 3.51 acres in area with 426 feet of width. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3. The Plam1ing Commission reviewed this application at a public hearing held on February 22, 2005. The City Council reviewed this application at the regularly scheduled meeting held on February 28, 2005 and recommended approval of a front yard setback variance to allow a setback of 74 feet based on the following findings: a. The existing house, which has a setback of 77', was constructed prior to adoption of the cunent setback requirement of 100'. b. Approval of the front yard setback request of 72' would not be consistent with past approvals on lots with similar conditions. c. Approval of a front yard setback variance of 74' by allowing the garage no further forward than the extended front foundation line of the house will result only in a slight increase in the non-conformity. d. The request to increase the number of attached garage stalls from the existing single stall is a reasonable request based on the current construction trends. 4. The City Council has considered this application including the findings and recommendation of the Plam1ing Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring prope1iy; 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. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. fi 2 8 fl, CONCLUSIONS, ORDER AND CONDITIONS . Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-395 (B) to allow constrnction of an attached garage 74' from the front lot line when 100' is normally required so that the front foundation line of the existing home and garage can be extended, subject to the following conditions: ·,\. ... 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in confo1mity with City codes will require further Plam1ing Commission and City Council review . 2. Authorities granted by this resolution rnn with the property not with the applicants , but are permissive only and must be exercised by obtaining a building pe1mit for the new construction within one year of the date of Council approval, or the variance will expire on that date (February 28, 2006). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically te1minate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Barbara A. Peterson, Mayor Pl&pe1iy Owner(s) Page 3 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL 0 ! 2 8 8 N ·------- The foregoing instrnment was acknowledged before me on this ~ day of rfJt2-11 c.4--=:, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Mi1mesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this 21~ay of l/YJ r,1 ;,e,v,..., 2005 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. RACHEL DODGE NOTARY PUBLIC -MINNESOTA My Commissi oo Expires Jan . 31 , 2010 =· Lf{ct. · / · c Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1 2 8 8 This instrument was acknowledged before me this jJ_ day of i\..1(,1.n : ~ , 2005 by James A. Olson, husband of Patricia E. Olson. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this 11 day of J.dA rc.l , 2005 by Patricia E . Olson, wife of James A. Olson. DENISE tv1. LESK IN EN NOTARY PUBLIC MiNNESOTA My Commission Expires Jan . 31 . 20 1 O Page 5 of 5 I • uj ,,. " \.. ...... ('.,,.,. ..1_ ....... ' .. "-oo ... , '\ '\ '\ '\ ~ 0:: -LU 0 (!) s::t t---1 i= z L1J s::t Ow 0 lJ.J I ('I") z co z 0 t--~ LU <t'. 0 .-1 UJ 0 0 e @ 5 8