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Home My WebLink AboutResolution 4675 � . ��— Y.� � ��r . � o 0 ��b. - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��sH�4'� NO. � �� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE � SECTION 10.03, SUBDIVISION 9 (A) AND (D); AND SECTION 10.27, SUBDIVISION 5 (B) FILE NO. #01-2695 WHEREAS, Thomas Frederick Adams & Janet Weaver, (hereinafter "the applicant") is owner of the property located at 500 Orchard Park Road within the City of Orono (hereinafter "the City") and is legally described as follows: Lot 11, Orchard Park, Hennepin County, Minnesota (hereinafter "the property"); 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 July 16, 2001, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant applied to the City of Orono for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (A) and (D) to permit an accessory building to remain on the property following removal of the principal building and to permit the building to be located 167' from the front property line, closer to the front property line than the principal building, and Section 10.27, Subdivision 5 (B) to pertnit new construction on a lot containing 4.0 acres exclusive of wetlands in the RR-lA district where 5.0 acres is required. � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS . 1. This application was reviewed as Zoning File #01-2695. . 2. The property is located in the RR-lA (5 acre) One Family Rural Residential Zoning District. • . Page 1 of 5 Y� , �� 0� . • O O ��b. - CITY of ORONO � � �� p'�' RESOLUTION OF THE CITY COUNCIL �`��k'EgH� NO. � � . Y 3. The Orono Planning Commission reviewed this application on July 16, 2001 and � recommended approval on a vote of 7 to 0 for variances based upon the � following findings and hardships: A. The existing lot area is 4.0 acres excluding wetlands, 4.8 acres including wetlands. The applicants property is one of many lots with a lot area just under 5 acres along Orchard Park Road. The lots east of Orchard Park Road are developed residentially. Relocating the house on this property will not change the use or chaxacter of tlze property. The existing house is located only 20' from the side lot line and 41' from the front property line. B. No setback variances for the new house location are required. . C. In 1992 the City of Orono issued a permit for construction of a garage. The gazage is the accessory building that would remain on the property following relocation of the house. The building is functional but has not been completed. 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 would 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 applicant, but is necessary to alleviate a demonstrable hazdship 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. 5. The City Council has considered this application including the findings aiid recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed vaziance on the health, safety and welfare of the community. � � Page 2 of 5 _� '�� ' � � . � o 0 ��d. - � CITY of ORONO � � �� '�' RESOLUTION OF THE CITY COUNCIL ��SH04� NO. � � r!� � � 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 10.03, Subdivision 9 (A) and (D) to permit an accessory building to remain on the property following removal of the principal building and to permit the building to be located 167' from the front property line, closer to the front property line than the principal building, and Section 10.27, Subdivision 5 (B).to permit new construction on a lot containing 4.0 acres exclusive of wetlands in the RR-lA district, where lot area of 5.0 acres is required, subject to the following conditions: 1. The accessory building shall be completed and a final inspection approved prior to issuing any permits to permit the house to be moved and/or remodeled. 2. All accessory buildings (except the garage for which the variance is approved) • shall be removed prior to issuance of any permits for relocation of the house. 3. Authorities granted by this variance run with the property not with the applicant, 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 (July 23, 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 applicant has read, understand and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. . . Page 3 of 5 ' - , V' ii=� . /� O _ I • O O �6. - C ITY of ORONO a � �� G'� RESOLUTION OF THE CITY COUNCIL ��kEsH.o4� rvo. 4 � 7 � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of July, 2001. ATTEST: �� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor �' Property Owner (s) STATE OF MINNESOTA ) . ) ss. � COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of July, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesot d said instrument was executed on behalf of the City. RACHEL DODGE �� ,.��:: NpTpRy pUgUC-MINNE?OTA i.��.�'.' My�qr�nlssion Fxpkes Jan.31,2005 �,/� .�--c-�` ,-fi..�.. .�•' /��.. �U O�rj�.� B Notary Public . STATE OF MINNESOTA ) ) ss. ' COUNTY OF HENNEPIN ) On this LZday of �C��C�v►��j2 , 20�[ before me a Notary Public within and for said county, personally appeared �tan�c�.s F ,4�a,�,s�s � �(it�,,,•�� known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. Notary Public • Page 4 of 5.� D�NISE M.LESKINEN My TCa��3��5 /_--° . � � �� . w o 0 ��b. - CITY of ORONO � F �� ,'�' RESOLUTION OF THE CITY COUNCIL ��SHO4� rvo. � � � 7 � STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) On this 1Zday of ��,�� , 20 before me a Notary Public witlun and for said county, personally appeared_�� f,� ,QG;��(/,r► �� jj(�r�,�� known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. Notary Public • �� : �:�t�lSE M.LESKINEN NOTARY PU811C-IV�(NESOTA �'h��bn Expires Jan.31,2005 � Page 5 of 5