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Home My WebLink AboutResolution 4707 � � � ` ` ' - `'� i�-� �7 O� � O O ��b. - C ITY of ORONO � ' ti '�' RESOLUTION OF T E CITY COUNCIL ��`9Jf,E p4'�'G NO. a � �' � � �SH A RESOLUTION GRANTING VARIANCES � TO MUNICIPAL ZOlvING CODE SECTION 10.24, SUBDIVISION 5 (B), FILE NO. O1-2710 WHEREAS, Donald E. Davidson and Joanne K. Davidson (hereinafter "the applicants") are the owners of the property located at 568 Keene Avenue within fhe City of Orono (hereinafter"the City") and legally described as follows: Lots 6, 7, and 8, Block 16, Minnetonka Bluffs, together with that part of the West half of adj oining vacated alley lying South of the Easterly extension of the North line of said Lot 8, Hennepin County,Minnesota(hereinafter"the properry"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B)to permit the construction of a new residence on a • vacant lot, the new residence to be located 30' from the front lot line where a 50' street or front setback is normally required,and requesting a rear setback of 29.5'where 50'is normally required, and requesting a south side street setback of 45.5'where 50' is normally required, and requesting a lot area variance for construction of a new residence on a property of 22,582 s.f. in area where lot area of 87,120 s.f. is normally required,and requesting a variance for the existing lot width which is 176'where the lot width is normally required to be 200'. 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 15, 2001, 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#01-2710. 2. The property is located in the RR-1B, Single Family Rural Residential Zoning � District, where 2 acres is the minimum lot azea. The property consists of . • Page 1 of 6 , � � , r ; �-•- � O� . � O O ��b. - CITY of ORONO � � � �� '�' RESOLUTION OF THE CITY COUNCIL ��SHp4� NO. � °� � °� . approximately 0.52 acres (0.51 acre dry buildable). 3. The Orono Planning Commission reviewed this application on October 15,2001 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. The property consists of three lots legally combined and extremely undersized for the RR-1B zoning district, but similar in size to nearby developed lots in the Minnetonka Bluffs neighborhood. B. The adjacent properties are developed, therefore there is not any additional land available to meet the zoning requirements. C. The steep topography of the�lot makes placement of the residence difficult, • forcing it into the north half of the lot. D. The proposed residence does meet City ordinance standards for structural lot coverage. • E. The proposed residence does meet city ordinance requirements for hardcover in the 500-1000' setback zone. F. Driveway access will be approved by the Public Services Director. 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 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 applicants,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. 6. The City Council has considered this application including the fmdings and recommendations of the Planning Commission,reports by City Staff, comments by • Page 2 of 6 . � � � �. . . '��-� � O� • O O ��6. - CITY of ORONO � � � ��i �'�' RESOLUTION OF TH CI Y COUNCIL �9kESH�4� NO. 4� � °� � the applicants and the effect of the proposed variance 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 variances to Municipal Zoning Code Section 10.24, Subdivisi�n 5 (B) to permit the construction of a new residence on a vacant lot,the new residence to be located 30' from the front lot line where a 50' street or front setback is normally required, and requesting a rear side setback of 29.5' where 50' is normally required, and requesting a south side street setback of 45.5' where 50' is normally required, and requesting a lot area variance for construction of a new residence on a property of 22,582 s.f. in area where lot area of 87,120 s.f. is normally required, and requesting a variance for the existing lot width which is 176' where the lot width is normally required to be 200'. Approval is subject to the following conditions: • 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. � 2. Applicant is advised that because the proposed residence uses the entire 15% structural lot coverage allowance, additional structure on the property will not been seen favorably. 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 permit within one year of the date of Council approval, or this variance will expire on that date (October 22, 2002). � 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,understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. • Page 3 of 6 � ' , � , '�- - � O � � • O O ��b. - CITY of ORON4 � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��SH�4� NO. A� � O '�' Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 22nd day of October, 2001. ATTEST: � . � U . Linda S. Vee, City Clerk Barbara A. Peterson, Mayor � �-- ��,�..��'��,�� -�-v,� . Property Owner(s) STATE OF MINNESOTA : COUNTY OF HENNEPIN • �� The foregoing instrument was acknowledged before me on this,��day of October, 2001 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said . instrument was executed on behalf of the City. � RACHEL DODGE �%'��C��-e�Q /"�/G�'��i�-e— , � .` My�Co�si�oo Expkes�y�,3�T�' :;,;: Notary Public STATE OF MINNESOTA � COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this c��o��' day of October, 2001 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 C�b�.� �} NOTARY PUBUC-MINNE^OTA , :�� My Comrtt�Sfon Explres Jan.31,2oos Notary Public • � Page 4 of 6 ' � � � . •i_-• , � O� � O O ��6. - CITY of ORONO � ' ti �� G'�' � RESOLUTION OF THE CITY COUNCIL ��SH04� NO. � � � `� STATE OF MINNESOTA COUNTY OF HENNEPIN + ., On this 3(5 day of (�-�� - ,20�?I , L��r,�, i,�! ��• �ni t�l�S b�'1 ��"71� personally appeared before me, v who is personally known to me . � whose identity I proved on the basis of IM 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. ' '� RACHEL DODGE `...��.��ltie_.� /�DO(C'a�' ;.��,�„- NOTARY PUBUC-MINNEFOTA NOt Public '..:;,,..., My Cammissbn Explres Jan.31,2605 � � � . STATE OF MINNESOTA COUNTY OF HENNEPIN On this ��S day of OC-j-pf�er , 20 b(,��'�l�- k' �v ictS c�Y1, � � _ ,� personally appeared before me, U'�-��' 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. �'�-`r:, RACHEL DODGE 1-��-G`�-�(� l�.�0��,� �;�,"�'.-,u�'-_=`�; NOTARY PUBLfC-MINNE:'OTA �'' ° nar co�,►�,�x�es,�an•3�.2� Notary Public • � Page 5 of 6 - . .. .. � , ' Exhibit A �. � � � � � � � , '� ' � � � � � �" � � � � �9'LZi 3 .E0,8T.00 S � ��- - - -� - � _ � �` . . A�T1dLQ31tl�d/� � . „ P � � � � Fi \ \ v�\ . V \ � � � d J � " � . s � 1 . �W " �� . � ' � �� ' � . . �� 0 • � \ 3 � , :::�� . ::��::::�:�::::�:�::.. , � � ;:� ' � r0 ' ^ � ��:'`''�'�'`'��.�..�.�•. •t `/ :� ��:�`�•. -, . \ � C . .� � �. �. 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