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Home My WebLink AboutResolution 4791 �. ; „-. - �� . � O ' V � O O ��a. - CITY of ORONO � ti � - '�' RESOLUTION OF THE CITY COUNCIL ��`9�k'E 04'�� N 0. . �SH , A RESOLUTION APPROVING VARIANCES TO MU1vICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 5(B)AND SECTION 10.03,SUBDIVISION 9 FILE NO. 02-2762 WHEREAS,Timothy Sweezo and Mary Sweezo,(hereinafter"the applicants")are owners of the property located at 4480 Watertown Road within the City of Orono(hereinafter"the City") and legally described as follows: Exhibit"A"attached,Hennepin County,Minnesota(hereinafter"the property");and WI�REAS, the applicants have applied for variances to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit a new house to be constructed on the properry with a defined lot area of 1.44 acres where 5 acres is required in the zoning district,to permit a side setback � of 42.27' where 50' is required,and to permit a front setback of 53.6'where 100' is required;and to Section 10.03, Subdivision 9 to permit accessory buildings to remain on the property absent a principal 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 Apri115,2002,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#02-2762. 2. The property is located in the RR-lA, Single Family Lakeshore Residential Zoning District where 5 acres is the minimum lot size. 3. The Planning Commission reviewed the application for variances and recommended approval by a vote of 4 to 3 based on the following fmdings and hardships: � Page i of a i /`� /� �� . � o o - �b. - � CITY of ORONO � ,� �, . ti �� G'�' RESOLUTION OF�THE CITY COUNCIL ��SH04� � NO. 47 � �. A. The property has been used for single-family residential use since approximately 1900. The property also has a recently installed(1998)septic system and has demonstrated a future septic site for the size of house that is proposed on the property. B. The preferred alternative would be to build a new house confomung to required setbacks. However due to a number of property acquisitions by Hennepin County to allow improvements and realignment of County Road 6 _ the size of the properly has been reduced. The most recent acquisition in 1998 has also reduced the front yazd setback for the existing house. � C. A lazge wetland area on the properry has reduced the overall lot area from 4.0 . � acres to a dry buildable area of less than 1.5 acres. The property is located in the RR-lA district requiring a minimum lot size of 5.0 acres and also applies setback standards for lots assuming a lot area of 5.0 acres. The required � . � setbacks in the district aze 100' front and rear yard and 50' for a side yard. This building azea of this properry has further been reduced by the 26' required setback to the wetland. D. The proposed house would be built meeting the setbacks currently met by the existing house. � E. The location of the septic drainfield site 20' from the north end of the house � and the well at the southeast end of the house restricts any possible movement of the building based on the design of the house submitted by the . applicants. � F. Accessory buildings are required to be removed from a property when a principal building is removed. The property contains a barn that is approximately 115 yeazs old and a pole barn (garage/workshop) that are � classified as oversized accessory buildings. The variances are justified by the fact the buildings were built on the property prior to existing zoning regulations,and the barn did meet the minimum required setbacks prior to the most recent acquisition of property to expand the County Highway. G. The granting of variances to permit accessory buildings to remain on the � properiy does not change the status of the buildings as legal non-conforming structures. They are allowed to remain on the property until such time they have reached the end of their useful life. The Orono Zoning Ordinance addresses improvements allowed to non-conforming structures. Such Page 2 of s �i� /� �� o o � ��e. - CITY of ORONO � � � . � ti �� ,�' � RESOLUTION OF THE CITY COUNCIL . ��`�$ESH04� NO. Q °� � A'. ` � . � structural repairs shall not exceed 50%of their assessed value at the time they became non-conforming. The buildings are allowed only general cosmetic repair. H. The properry has been used as hobby farm for many yeazs. Currently, the property has 2 cows and several chickens. At such time the property is no � longer used as a hobby farm such use shall cease and use of the properry shall be in conformance with the provisions of the zoning ordinance. The existing _ use is legal non-conforming since the property is not large enough to harbor animals. � I. Allowing the house to be located as proposed in the plan would not change the character of the property or locality. A mature wooded area is located between the house and County Road 6. Moving the house to the center of the property would expose the house to County Road 6. � 4. The City Council fmds 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 aclversely affect tr�c 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 di�culty; 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 fmdings and � recommendations of the Planning Commission,reports by City Staff,comments by the applicants and the effect of the proposed variance on the health, safety and welfar.e of the community. CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants renewal variances to Municipal Zoning Code Section 10.27, Subdivision 5 (B)to permit a new house to be constructed on the properry with a defined lot azea of 1.44 acres where 5 acres is required in the • zoning district,to permit a side setback of 42.27'where 50' is required,and to pernut a front setback of 53.6' where 100' is required;and a variance to Section 10.03,Subdivision 9 to permit accessory buildings to remain on the property absent a principal building subject to the following conditions: 4 Page a. of a �,'_ �r O� • 0 � ��e. - CITY of ORONO ,� � . ti �� G�' RESOLUTION OF THE CITY COUNCIL . ��`4k'E8g0g'� . � � NO. � d � � � l. The property shall be developed in conformance with the site plan attached to this Resolution as Exhibit B. . 2. The granting of variances to permit accessory buildings to remain on the properry does not change the status of the buildings as legel non-conforming structures. They are allowed to remain on the properry until such time they have reached the end of � their useful life. The Orono Zoning Ordinance only pernuts improvements to non- . conforming structures when such improvements do not exceed 50%of the assessed _value at the time they became non-conforming. The buildings are allowed only general cosmetic repair. � 3. Authorities granted by the variances run with the properry not with the applicants,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 (Apri122, 2003). ' � 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 ternunate any authority granted herein, and shall be punishable.as a misdemeanor. 5. The undersigned owners have read,understand 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 of Orono, Minnesota at a regular meeting held on the 22nd day of April, 2002. ATTEST: . �' ,4 • U.Q1L � (�iG�`�-�7� Linda S. Vee, City e k Barbara A. Peterson,Mayor Applicant � Page 4 of s i�� !.� 0,�. � O O � ��b� - CITY of ORONO � � . ti �� G'�' RESOLUTION OF THE CITY COUNCIL ' � ��SH�4� ' NO. � � � � .� STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instnunent was acknowledged before me on this 22nd day of April,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � - � ( - Not�f Publ' `� �qCKIE YOUNG �y��usl�onBExplres,Jan�31D,2005 STATE OF MINNESOTA , � COUNTY OF HENNEPIN � � The foregoing instrument was acknowledged before me on this ��_h day of . � ��(�� ,200 � 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. , _y�,< RA�HEL DODGE � '}��°'�:�- p� •�.�*;��,e�:',t;� NOTARYPUBLIC-�'��E3�T�5 L.' ��---� /.JUQ-C�-�. ��+'?' MIy Comm�si�� :;r'•' Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN . On this� day of �0 , 20�a,�t�I-(�1�t $' �Y1ar� � 5�veezo� �a�yj�( � personally appeazed be re me, � � who is personally. known to me �/ whose identity I proved on the basis of �N �— whose identity I proved on the oath/�rmation , 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. . �%��( /�c�c.y�.� . �"'' RACHEL DODGE Notary Public ��:}` • �;-�e��`; NOTARY PUBLIC-MlNNE^OTA "."�,�•' My'Com►ntssbn Expires Jan.31,2p05 Page 5 of a �--•- �� 0� • O O ��e. - C ITY of ORONU � �, . ti �� G'�' � RESOLUTION OF THE CITY COUNCIL - � ��SH�4� N0. 4 °X � A � � STATE OF MIlVNESOTA 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 8 � ' Exhibit A � �---- . !� �� . • � � � � � � � � a� �ITY of ORO�O �'�! � - � �� ' RESOLUTION OF THE �IT U CIL �9kESH�4'� � NO.. �� . �� LEGAL DESCRIPTION That part of the East 582 feet of the East one half of the Northwest quarter of Section 31, � Township 118,North, Range 23,West of the 5°i Principal Meridian, lying I`dorth of tfie centerline of County Road No. 6, and South of a line described as follows: �ommencin� at the Northeast corner of said Northwest quarter;thence South along th.e East line of said . Northwest quarter a distance of 1137 feet to the point of beginning of the line being described;thence deflecting right 90 degrees to the West line of said East 582 feet, and there ending. : - � . � � � . i . � � : � Page � of s � i •. . , ► � . � Exhibit B � i �n m T O z A..� . , • `�' ' Q 'b� . �o V.' I � . ��. ,,�' � I � � � �m w � �� T ,�4 � �� 1 �W . • r., � . N i / ' �T � I � i � • /�F� .xy�•Q, N QO•00'00" E 279.89 -, ,�5'O . 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