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Home My WebLink AboutResolution 4731 r y /�� /� �� . � O _: o ��b. - CITY of ORONQ � � . �� ' RESOLUTION OF THE CITY COUNCIL ��sxo�`'� rvo. t � � 3 � � A RESOLUTION GRANTING VARIANCES � TO MUNICIPAL ZOIVING CODE SECTION 10.03, SUBDIVISION 9 (A); SECTION 10.03, SUBDIVISION 9 (D); SECTION 10.03, SUBDIVISION 9 (C) (3a); AND SECTION 10.03, SUBDIVISION 14 (D) FILE NO. O1-2734 � WHEREAS,Marj orie Newton,(hereinafter"the applicant")is owner of the property located at 505 Orchard Park Road within the City of Orono (hereinafter "the City") and legally described as follows: ' Lot 6, Block 1, Kokesh Farm, Hennepin County, Minnesota� (hereinafter "the property"); and WHEREAS, the applicant has applied for a variance to Municipal Zoning Code � Section 10.03, Subdivision 9 (A)to permit an accessory building(barn)to remain on the property absent a principal residential structure and to permit a 620 s.f. addition to the barn; Section 10.03, Subdivision 9(D)to permit the barn to be located closer to the front property line than the principal building;Section 10.03,Subdivision 9(C)3a to permit an oversized accessory building to be located closer to the front property line than the principal building; and Section 10.03, Subdivision 14 (D) to permit a riding arena(paddock)to be located closer to the front property line than the principal residential building; 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 19,2001,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#01-2734. � Page 1 of 7 �. �. � O�T � ' V • O �" O ��e. - CITY of ORONO . � � � . ti �� G'�' RESOLUTtON OF THE CITY COUNCIL . ��kESHOg'�' NO. � °� � �. 2. The property is located in the RR-lA, Single Family Rural Residential Zoning District. � 3. The Orono Planning Commission reviewed this application on November 19,2001 and recommended approval of variances by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: � A. Horses are a permitted accessory use in the RR-lA district. The minimum setback for a private barn from any lot line is 75'. The minimum setback from adjacent residences is 150'. The barn location meets standards required for special setback regulations that apply to private barns and stables. B. The property was part of the recent 61ot plat of Kokesh Farm. This lot is a record lot meeting minimum lot width and lot area requirements.for the zoning district. � C. In November,2001 the City of Orono issued a demolition permit and the old non-conforming house and garage were removed. The house was non- conforming because it was located within the 100' front yard setback. �D. A 50' pasture easement is located over the south 50' of this property. The easement was recorded by the developer of Kokesh Fann and is for pasture use by the propery owner to the south. The proposed development does not impact the 50' easement. E. The proposed house location meets all required setbacks. The house was located to take advantage of existing topography for a walkout and to locate the building a greater distance from the street. F. New soil testing and septic design has been submitted by the property owner and approved by the City On-Site Systems Manager. The final septic design is for a 4 bedroom house but could be expanded to a 5 bedroom if needed. G. The proposed outdoor riding azea(paddock) is located in the front yazd and is located in an area that is near the barn and is suitable for pasture purposes. • � Page 2 of 7 ., ,, . �--- /� �� O �- o ��b_ - CITY of ORONO � � � . ti �� p'�' RESOLUTION OF THE CITY COUNCIL ��S_H� No. 473 � H. The barn is proposed to be approximately 1,700 s.f. in size. The Municipal � Code permits one oversized accessory building on a lot subject to the condition the building meets all required principal building setbacks and property owner shall agree to covenants that state: a) No future subdivision will be approved that places the structure within � a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period the oversized ' accessory structure must.,be removed if no principal structure has been � constructed. � b) If the property is subdivided, the oversize accessory structure and � principal structure will be located together within a lot that meets the • minimum lot azea requirement for the given size of accessory building. c) In subdivision approval,the setback required for the oversize accessory structure as defined herein shall remain. . 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 variances will not adversely affect tra�c 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 the 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 variance on the health, safety and welfare of the community. � . . Page 3 of 7 � i�� o �. o � ��b. - CITY of ORONO � � , � ,. �� G'�' . RESOLUTION OF THE CITY COUNCIL � �\k-EsKO�`'� No. 4 � � � 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 Section 10.03,Subdivision 9(A)to permit an accessory building(barn)to remain on the property absent a principal residential�structure and to permit a 620 � s.f. addition to the barn; Section 10.03, Subdivision 9(D)to permit the barn to be located closer to the front property line than the principal building; Section 10.03,Subdivision 9(C) 3a to permit an � oversized accessory building to be located closer to the front property line than the principal building; and Section 10.03, Subdivision 14 (D) to permit a riding arena (paddock) to be located closer to the front property line than the principal residential building subject to the following conditions: 1. The property shall be developed in conformance with the site plan attached hereto as Exhibit A. � 2. The property owner signs and agrees to filing an oversized accessory structure • restrictive covenant subject to the restrictions as stated in the Municipal Code. 3. Authorities granted by the variances 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 26, 2002). 4. Violation of or non-compliance with any of the terms and conditions of the variances 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 owner has read,understands and hereby agrees to the terms of this resolution and on behalf of herself,her heirs,successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. � Page 4 of 7 ' '� . �----- ' �� O ' Y • O r O ��d. - CITY of ORONO � , � . ti �� '�' � RESOLUTION OF THE CITY COUNCIL ��SHOg'� NO. _ � � � � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of November, 2001. � ATTEST: �- ��.�.e� __ . Linda S. Vee, City Clerk Barbara A. Peterson, Mayor r ' Prope wners � � STATE OF MINNESOTA COUNTY OF HENNEPIN • The foregoing instrument was acknowledged before me on this 26th day of November,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. JACKIE YOUNG c NOTARY PU6UC-A�lNNESOTA '�'� �y�amn�ston ExpUes Jan.st,2005 of Pu lic r STATE OF MINNESOTA . COUNTY OF HENNEPIN . The foregoing instrument was acknowledged before me on this � day of � � ��-�-/In��-� ,200�_by Lirida S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � JACKIE YOUNG NOTARYPUBLIC-MINNESOTA ` � My Commission Exphes Jan.31,2oas Not Public � � Page 5 of 7 �� _ o ��s. - CITY of ORONO � �, ,. ti �� G'�' RESOLUTION OF THE CITY COUNCIL ��`9�f'ESH,04'� NO. 4 7.3 � � STATE OF MINNESOTA � COUNTY OF HENNEPIN � On this ��day of �...e��h-��r , 20�� , _i'�(1n r i ar`t P �'�,l� �.��-1—rrY1 , �_�e personally appeared before me, who is personally known to me � whose identity I proved on the basis of�N IJ�--- � whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instnunent, and acknowledged that he/she/they executed the same as his/her/thei deed. ;;� FtACHEL DODGE Np7qRY PUBLIC-MiNNE:'OTA �� . ��J .,�;: ��bn�cpues Jan.31,2005 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 , 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 6 of 7 � �t� . 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