The URL can be used to link to this page

Home My WebLink AboutResolution 4502 1 .S � �� o 0 ��b - CITY of ORONO � � . �� G'� RESOLUTION OF THE CITY COUNCIL ��kESH�S�`� � �I NO. � � � � � A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.27. SUBDIVISION 5(B), . I FILE NO. 2597 WHEREAS, Dennis 1VI. Krump, (hereinafter "the applicant") is the owner of the property located at 25 Stubbs Bay Road North within�the City of Orono(hereinafter"the City")and legally described as follows: � i That part of the Southwest quarter of Section 32, Township 118 North, Range 23 West of the Fifth Principal Meridian described as follows: Beginning at a point on the East line of said Southwest quarter distant 264 feet North of the Southeast corner of said Southwest quarter; thence North along said east line a distance of 66 feet; thence deflecting to the left 103 degrees a distance of 90 feet;thence reflecting to the left 56 degrees to a line drawn parallel with the South line of said Southwest quarter from the point of beginning;thence Easterly along said line to the point of beginning, • Hennepin County, Minnesota(hereinafter "the property"); and WHEREAS,the a lical t has a lied to the City for a variance to Municipal Zoning PP Pp Code Section 10.27,Subdivision 5 (B)to allow a front yard setback of 42'where 100'is required and a side yard setback of 24.2' where 50' isi required to permit an 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 July 17, 2000, 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 � i 1. This application was reviewed as Zoning File#2597. I � 2. Th�s property is located in the RR-lA Zoning District,where 5 acres is the minimum lot area. The property consists of approximately 1.195 acres or 52,050 s.f. ! � Page 1 of 6 � �- � I � � i�" /� O� s ° ° � � ��b. - CITY of ORONO � F � '�' RESOLUTION OF THE CITY COUNCIL ��`�xL,, p4�'G .. � NO. . � e� � ��'. SI; 3. The Orono Planning Commission reviewed this application on July 17, 2000 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The structural coverage on the lot will increase slightly, but still well below what is allowed. ' B. The addition within the side yard setback will not adversely affect the neighboring property. C. The addition will be in the same location as the existing part of the house that � is being removed. D. The south side of the residence is currently located 27.5'from the side lot line : ' where 50' is required. The addition will encroach 3.3' further into the side setback. E. The residence was built prior to adoption of current zoning standards. F. The lot is extremely undersized and narrow for the RR-lA zoning district. 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 applicant, but is necessary to alleviate a demonstrable hardship . 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. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by City Staff, comments by the applicant and the effect of the proposed variance on the health, safety and , welfare of the community. • Page 2 of 6 � � O� • O O , ��b. - CITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL ��`qlfE p4L�'G NO. � J � � �SH 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 10.27, Subdivision 5 (B)to allow a front yard setback of 42' where 100' is required and a side yard setback of 24.2' where 50' is required to permit an addition to the existing residence. 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. Applicant is advised that if this project ultimately results in substantial removal of ' � the existing residence due to unforeseen circumstances,the City Council shall have the right to reconsider this approval to determine whether the conditions of this resolution remain applicable. � 3. Authorities granted by this variance run with the properly 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 these variances will expire on that date (July 24, 2001). 4. Violation of or non-compliance with any of the terms and conditions of this �ariance 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, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, his successors and assigns, hereby agrees 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 24th day of July, 2000. • Page 3 of 6 � �—' , � O� . • O O �b. - CITY of ORONO � F � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESH�4� � NO. � � � � � . ATTEST: 4 i l`�'� • V✓�-C�' Linda S. Vee, City Clerk Gabrie Jabbour, Mayor .- /��,/f -" y/q ss �A AA .��Tvib"`^-+i/��$� . . Property Owner (s) STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 24th day of July,2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instnunent was executed on behalf of the City. � . Notary ublic , .�- STATE OF MINNESOTA ) � MARY ANN JOHNSON `°�... •.= NOTARY PUBIlC-MINNESOTA � SS. ;�, My ConxNssion Expires Jan.31,2005 COUNTY OF HENNEPIN ) , , ,_ �,..-y,---Y. On this � �s f day of��,2000,before me a Notary Public�within and for said County, personally appeared .I�-e n�� S /�I� K �? �c �r p, S i n�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. �� Y Notary P lic ` MARY��'tJ J�HPJSON NOTARY PUBLIC-M{tvNESOTA + MY Ca►xrtission Fxpires Jan.31,ZOOS . ._ -- -.� . .. Page 4 of 6 . �_ �� O ' v • O O ��b. - CITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL ��`9.kE Hp4�'G . N 0. � �b� � S — � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of ,2000,before me a Notary Public within and for said County,personally appeared " 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 5 of 6 � " ' Exhibit A . � �' ��--1�.3� �S �. rn m ' ' � 5p � � " I N r i . . , o � . : , � 4 4 rC ' , I N .,,�p ' ; I �O z�, r'w6 r_ � , . � . rr+�k, . � � . i • � . � � _ � ; � I . � ! i ' I i , i � i - ' � � a t.� � • N iti . , � ! � � � � I � x ( � 4 i . •" E .- * i . . , � b18 t.►-! ; ?q.�,_Y� � � I� , Exisr_ ° � �'� 1{GvSE � , -�-.��-�---- � . � � . � � � � � . ._ ; 5� �� S � B�Y RD. � � -- - �c�� ; Page 6 of 6