HomeMy WebLinkAboutResolution 4696 � �r
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�',� G'�� RESOLUTION OF THE CITY COUNCiL
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A RESOLUTION GRAN�ING
� AFTER-THE-FACT VARIANCES
TO MUlvICIPAL ZOIVING CODE
SECTION 10.27, SUBDIVISION 5 (B)
FILE NO. 01-2713
WHEREAS, Douglas E. Merz and Diane F. Merz, (hereinafter "the applicants")
are the owners of the property located at 380 Turnham Road within the City of Orono
(hereinafter "the City") and legally described as follows: �
That part of the North 140.00 feet of the West 357.00 of the Northwest Quarter
of the Southeast Quarter of the Southeast Quarter of Section 31, Township 118 �
North, Range 23 West of the 5`h Principal Meridian, Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for after-the-fact variances
, to Municipal Zoning Code Section 10.27, Subdivision 5(B) to allow a side yard setback of 47'
where 50' is required and to allow a front yard setback of 35.5' where 100' is required to
permit construction of a 3 foot roof overhang over the front entrance 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 September 17, 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 #O 1-2713.
2. The property is located in the RR-lA Single Family Rural Residential Zoning
District, where 5 acres is the minimum required lot area. The property consists
of approximately 1.04 acres or 49,980 s.f.
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3. The Orono Planning Commission reviewed this application on September 17,
2001 and on a vote of 7 to 0 recommended approval of the proposed variances
based upon the following findings:
A. The structural coverage on the lot is increasing to 2,230.8 s.f. (4.9%) but
still well below the allowed 15%. .
� B. The existing residence was built in its present location, prior to current
zoning ardinances. �
C. The adjacent properties are not affected by the roof extension.
4. 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.
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 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 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants after-the-
fact variances to Municipal Zoning Code Section 10.27, Subdivision 5(B) to allow a side yard
setback of 47' where 50' is required and a front yard setback of 35.5' where 100' is required
to permit construction of a 3' roof overhang above the front entrance, subject to the following
conditions: .
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�� �'� RESOLUTION OF THE CITY COUNCIL
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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
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 this variance
• will expire on that date (September 24, 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 ag'ree 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 24th day of September, 2001.
ATTEST:
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Lin a S. Vee, City Clerk Barbara A. Peterson, Mayor
�/{'�A� � V� �
Properry Owner (s)
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STATE OF MINNESOTA )
� ) ss.
COUNTY OF HENNEPIN )
The foregoing instnunent was acknowledged before me on this 24th day of
September, 2001 by Barbara A. Peterson, Mayor and Linda S. Vee, City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
RACHEL DODGE (i�-�Q �oGl���,
NOTARY PUBLIC-MINNE^-dTA
q��rti� �y1y COrtN11iS.Sip�Expires Jan.31,�J Notary Public
STATE OF MINNESOTA ) .
) ss. �
COUNTY OF HENNEPIN ) �
• On this ��day of_�P,���.,.,(�� , 20 v/ before me a Notary Public within and for
said county, personally appeared_3j�a n e �.C►'lP�z, Y1n arn�ea( known to me
to be the person(s) described in and who executed the foregoing instnunent, and acknowledged
that he(they) executed the same as his (their) free act and deed.
UNDA S.VEE �j�y-�!�. ����
t�o�u��c��►nt�s°TA Not Public
M�►CArtut�aafon EzplresJan.31.2005 �'
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) ,
On this�S�day of �.�,��e,y,,,,(,.�,� , 20� before me a Notary Public within and for
said county, personally appeazed_�6 ua!as �. ►'n��z� vh a�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.
����.� �/.�
LINDA S.VEE Notary Public
NCfARY PU�IC•NANNESOTA
� My Cpmmisafon Expkea Jan.31,2005
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