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Home My WebLink AboutResolution 4713 - Expired O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL �kESK� NO. 4 7 1 3 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 5 (B) FILE NO. 01-2727 WHEREAS,Joseph A. King and Mary M. King, (hereinafter "the applicants") are the owners of the property located at 142 Chevy Chase Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 10 and the South half of Lot 9, Block 2, Hill O'Way Manor, Hennepin County, Minnesota(hereinafter"the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.20, Subdivision 5 (B)to permit new residential construction on a lot that is 29,250 s.f. in area where 43,560 s.f. is required; 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 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#01-2727. 2. The property is located in the R-lA Zoning District,where 43,560 s.f.or 1 acre is the minimum required lot area. The property consists of approximately 29,250 s.f.or.67 acres. 3. The Orono Planning Commission reviewed this application on October 15,2001 and recommended approval of the proposed variances based upon the following findings: Page 1 of 6 i O O a � CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL NO. �471 A. The property has an existing residence on the property. B. The lot is provided with sanitary sewer. C. The proposed development would conform to yard setback requirements. D. The proposed residence meets the allowed 15% structural lot coverage. E. The lot is similar in size to most other lots in the neighborhood. 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 variances 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 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 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. 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 10.20, Subdivision 5 (B) to allow new residential construction on a lot that is 29,250 s.f. in area where 43, 560 s.f. is required.Approval is subject to the following conditions: 1. The in-ground pool shall be removed when the existing residence is demolished, unless prior to such demolition the structural lot coverage ordinance which includes in-ground pools as structural coverage is amended to not include pools and their patios as lot coverage. Page 2 of 6 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL �kEs_K0 NO. 4 7 1 2. Variance for accessory structure without principal structure is hereby approved but shall only be effective if the ordinance is amended for structural lot coverage to no longer calculate pools and their patios as lot coverage. 3. 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. 4. Applicant is advised that because the proposed residence uses the 15%structural lot coverage allowance, future additional structure on the property is unlikely to be approved. 5. Authorities granted by these variances 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 these variances will expire on that date (October 22, 2002). 6. Violation of or non-compliance with any of the terms and conditions of these variances shall constitute a violation of the zoning code,shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. 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 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 22nd day of October, 2001. ATTEST: \" �inda S. Vee, City Clerk Barbara Peterson, Mayor Property Owner(s) Page 3 of 6 O O CITY of ORONO �0 RESOLUTION OF THE CITY COUNCIL �kESH0 NO. 4713 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 2;`id 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 NOTARY PUBLIC-MINNVOTA My Commission Exon Jan.31,2005 c " Notary Public VY'.:4r STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this � 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 NOTARY PUBL�DODGE NNE^OTAMy Commission EJan.31,2005 c - -.•-� / __;_;,_._� Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of , 20_, 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 Page 4 of 6 O O b CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL \kES 0 NO. 471 % .. STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of , 20_, 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 Page 5 of 6 Exhibit A 4713 • �. u., ,-- �. •�. --, as , • ,�,. � I i. d � � � ��M. ;; !, Iii• .•. ., r rR � 1 � 9'114 t • •{t.+�.� - y-'- t � ' ..PETBkIlNrAFML 10 END Nwowww Inco vjjv 116M , w Page 6 of 6