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Home My WebLink AboutResolution 4687 CITY of ORONO b f , RESOLUTION OF THE CITY COUNCIL *� zslio NO. 468 ? A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2, AND SECTION 10.56, SUBDIVISION 16(L)(2), FILE NO. #01-2700 WHEREAS, Vincent R. Anderson and Virginia B. Anderson, (hereinafter "the applicants")are the owners of the property located at 1855 Concordia Street within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block 1, Fagerness Woods, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22,Subdivision 2 and Section 10.56,Subdivision 16(L)(2) to allow 49 s.f. (.53%)hardcover in the 0-75' setback area where 49 s.f. (.53%) s.f. exists and 0 s.f. (0%) is allowed to permit replacement of walkway and steps; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2)to allow 6,060 s.f.(34.35%)hardcover in the 75-250'setback area where 6,084 s.f. (34.49%) exists and 4,410 s.f. (25%) is allowed to permit replacement of walkways, decks and to enlarge the deck on the north side of the 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 August 20,200 1,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 #01-2700. 2. The property is located in the LR-1 C Zoning District,where.5 acres is the minimum Page 1 of 5 Metro Legal Services Inc. Box 491 10 O O CITY of ORONO A%f RESOLUTION OF THE CITY COUNCIL ��9kE H0NO. 4687 required lot area. The property consists of approximately .62 acres or 26,860 s.f. 3. The Orono Planning Commission reviewed this application on August 20,2001 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. The hardcover in the 0-75' setback zone is remaining the same. B. The hardcover in the 75-250' setback zone is decreasing from 6,084 s.f. (34.49%)to 6,060 s.f. (34.35%). C. The walkways and decks, except for the expansion on the north side, have existed for many years in the same location. The walkways and decks are being replaced due to the deterioration of the existing railroad ties. 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 variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision Page 2 of 5 O O CITY Of ORONO RESOLUTION OF THE CITY COUNCIL ��kESH04�i NO. _ 4687 16 (L)(2) to allow 49 s.f. (.53%)hardcover in the 0-75' setback area where 49 s.f. (.53%) s.f. exists and 0 s.f. (0%) is allowed to permit replacement of walkway and steps; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to allow 6,060 s.f. (34.35%) hardcover in the 75-250' setback area where 6,084 s.f. (34.49%)exists and 4,410 s.f. (25%)is allowed to permit replacement of walkways, decks and to enlarge the deck on the north side of the residence. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants 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 variance 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 (September 10, 2002). 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 authority 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. , by the City Council of the City or Orono, Minnesota at a regular meeting held on tember, 2001. RIV ' ! ity Clerk Barbara A. Peterson, Mayor Prop rty Owner (s) Page 3 of 5 O O CITY Of 0- -R-0- RESOLUTION RORESOLUTION OF THE CITY COUNCIL t9kES_H j/ NO. 4687 STATE INNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of September,2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE !' NOTARY KvW-trlMlE, A Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) 7 On this day of �CjJt6�6 0b(�Z , 2001, before me a Notary Public within and for said County, personally appeared A-)C� L- '-`, �)i f"I'6(1Y7 E 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. RACHEL DODGE NOTARYPUBLIC-MINNE^OTA Not Public ' ...... my Commission Expires Jan.31,2r STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ( C day of >(t)t F.t 1]�C'►' , 2001,before me a Notary Public within and for said County, personally appeared 1.' , r U i n i n T:- A Ylr"t s(.0 , 01-1 il-t t 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. RACHEL DODGE NOTARYPLMW-MINNEMTA Notary Public My Cd111 Wm E*w J@n.31,2005 ling Page 4 of 5 • Exhibit A 4687 ar-04 05 V PROPOSAL FOR / VINCENT ANDERSON / OF LOT 2, BLOCK 1, FAGERNESS WOODS 1 / HENNEPIN COUNTY, MINNESOTA Q. Q' •N s w eIAROCa vaP ADiCa IOI 34 T �ry ry NAancc Vc4 46NeV6D Ibsen yr(1•R x+) ��_ / •000 wALx • / oat 14AWOV4R Remov" /055Q Fr WOOD WMA 4RR tL? EXISTING HOUSE i� �,,`.�•`�,, wry" ;`. BLACKTOP a A, PL 04ST24 PLAYFICLS'c tj ,+Y NAaDe,oVEJL RcnOV6D 4sQ yr •' �o (snLocKr X.(9x 1.33) , TOTAL NARDCOVG4 AADaD /OI SQ A:T TOTAL NAROCOVER R6MOJGb 125 SQ Fr LEGAL DESCRIPTION OF PREMSES Lot 2, Block 1, FAGERNESS'WOOOS This survey shows the boundaries of the above described property, and the location of an existing house, playhouse, and ad other visible "hardcover" thereon. It does not purport to show any other improvements or encroachments. o ton morker Bearings shown ore based upon an assumed datun I I oESIa�FD REV6M Daft Dexarm" 1101W Catm THAT 716 speorrAT K at R[YDIIT SCA-E GRONB_BRG��yk ASSOCllTFS1 INC. '"N@A16O rr 1E alt LNM 11Y on=SAMON M Ala 1--2(r TMT 1 AY A MY t=W=PRorE=K4L 04*W Ata LAD OAT! L"0040 L,"INKM SM PINOM ARCM tKM iK LUIS Or 1E VATE r/MOM 5/17/01 QECl6D ua Y'..--r LCNB LAKE WL SWW JOB.r0. Page 5 of 5 '3-4" wTe uveae wA+eeR 01-187 344,/6 79 5 OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY, MINNESOTA r' CERYIFIFr FILED ON OCT 172001 H[:GJ RAR t)f TITLES 9Y _4�uTY