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Home My WebLink AboutResolution 4793 f-r r �.;a �� . - - , _.. .,_ ..- ,_--- 'RESOLUTION EXPIRED ' . % �� -� ' � o o . � � � � . ��b. - CITY of ORONO � � . ti �� ,�' RESOLUTION OF THE CITY COUNCIL � ��gg04� N0. � � � � A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B), FILE NO. 02-2773 . WHEREAS, Kurt Rakos and Mary Rakos, (hereinafter "the applicants") are the owners of the property located at 2175 Shevlin Drive within the City of Orono (hereinafter "the City") and legally described as follows: � Lot 10, Block 1, Webber Hills, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal . Zoning Code Section 10.28, Subdivision 5 (B)to allow a side yard adjacent street setback of 40.9' where 50' is required to permit a residential addition to the existing residence. • 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#02-2773. 2. The property is located in the RR-1B Zoning District,where 2 acres is the minimum required lot area. The property consists of approximately 46,238 s.f. or 1.061 acres. 3. The Orono Planning Commission reviewed this application on April 15, 2002 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: . Page 1 of 6 , , ��=� � O ' Y • O O ��b. - CITY of ORONO � � . �� G'�' , RESOLUTION OF THE CITY COUNCIL � ��`�k'EBg� NO. � � � e`� � A. Conformance to existing house floor plan limits placement of garage. B. The location of the well and septic system limit where the garage can be located. C. The residence was built prior to current zoning standards. D. The lot is a 1 acre lot in a 2 acre district. The lot is small compared to the � . RR-1B zoning district standard. E. There are mature trees along the back property line that screen the garage from the adjacent neighbor. F. The proposed location of the garage will not negatively impact adjacent neighbors. • 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 applicants; 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 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 a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B)to allow a side yard adjacent street setback of 40.9'where 50'is required to permit a residential addition to the existing residence. : Page 2 of 6 Y •` /��__ �� O O � �b. - CITY of ORONO � � . ti �� G'�' RESOLUTION OF THE CITY COUNCIL ��SH��'� . NO. � � `� � � . Approval is subject to the following conditions: 1. 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. 2. Authorities granted by this resolution 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 (Apri122, 2003). 3. 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 autliority granted herein, and shall be punishable as a misdemeanor. • � 4. 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 April,2002. ATTEST: � - � ,/ U Linda S. Vee, City Clerk Barbara Peterson, Mayor Properry Owner(s) � Page 3 of 6 �---- . �� o o � ��e. - CITY of ORONO � � . �� G'�' RESOLUTION OF THE CITY COUNCIL ' ��kESH�4� NO. � � � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � �7 The foregoing instrument was acknowledged before me on this �h day of May, 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. .,...�.�^ .�.��-�-.�...�:�::.'---�:,�:.��• . {r�� j -+- -�- ..�� L{��JJS '. ,. � � //,� . :��{;�� NOTAP.Y PU£Li�•i:f?�N�=SfjTA ,'� �• (//Q�1 .;;,... My Commis�ion Expires Jan.31,2Q05 Notary Public STATE OF MINNESOTA ) , ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this �/ �� day of /�c��_,200Z by Linda S. Vee, City Clerk of the CiTy of Orono, a Minnesota municipal corporation and said inst�`ument was executed on behalf of the City. � _...<•:-.,_..,.K:. . . �� .•.' t�1;CR�i�L DOf�GC � � `'`}�� NOTARY PUEILIC-MWiJE:OTA �O� •`��' �ryy Comm�ssion Exptres Jan.31,2005 n,. NOt�PUbi1C • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � . On this day of , 20_, personally appeazed 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 4 of 6 i�� O� • O O ��e. - CITY of ORONO � � . �� '�' RESOLUTION OF THE CITY COUNCIL L�`9$ESgp4'� NO. � � � %� � STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) � On this day of , 20 , ' personally appeared before me, who is personally known to me whose identity I proved on the basis of - whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public • � • Page 5 of 6 ' .. � , , . . . • � Exhibit A . . . , � � � � `,z� . • CERTIFICATE OF SURVEY FOR t` s-•••- KURT & IVtARY RAKOS �y$ OF LOT 10, BLOCK 1, WEBBER WILLS , �, . � HENNEPIN COUNTY, MINNESOTA / • ' ' � . � � . . . . ��e�`�'' ;• ' - ' 11 �,,,,v ; . . � `y \S N ��`Q t ; ; n . \�j °' � �t} o � • �64� �O \ o \ � � � . . g \ °� PROPOSm GARAGE »J \ � . / SfALL AOOfiION � \ 1'� � � £ .. '��i.�. . .� . ys�� ` . . ' tl �� t� J EXISTtNG � ; �,� . . ��.�'j� �,+�� HOUSE � ' %'-j, � l . .ur• . � , r�C� � : \, . O� o + . . • `'%��v n . . ;,w . V r$ .. . . ,� ' • � • �,� . . 'rA� 5�,,w ��1��, . . � �LZ� . ..•-� 5�� . ' �o a ao ,, . G`,� l.�DZ.�y .. � � . : , LEGAL OESCRIP710N OF PREtaSES: Lot 10,Bbck 1.WE88ER F�.LS � Thie auvey showa ths bou�daiee of lhe above deaer�hed properly, . the bcatton of an exiating Iavae,drivewey end ahed lhereon a+d lhe propoaed Iocation of a propoaed additron. It doea not purport to ahow my other ttnprovemenb or encroachmenta . , � � . � • � o • tan marker . � . Bawings st+orm an Ooaad upon an aasumed dotum • a'�"a �c�w arc a�� wa�nav�nir�i�oo�i �a�cc�t f a��.va��0 1•�A+.` GRONBERG�ASSOCIATFS,ING �,,,,�,.�.,,,�..,�,�.�„�,,,� „R °' mainc oams wo sRmo¢s�c�s "m°"'m'^�u^o,K u.a o�.raor. 4-oa-o: � uato HS N R71�S�7}-�tsl�Yl SS33t �G,V, �w xa art w�casc a2-to1 Page 6 of 6