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Home My WebLink AboutResolution 4551 ' r,.� . �.-. / O � � � O O �b. - CITY of ORONO � � . �,� �'� RESOLUTION OF THE CITY COUNCIL ��kESH�4��' � NO. �L J,-�� . � . A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B), FILE NO. 2629 WHEREAS,Keith Nord,(hereinafter"the applicant")has an interest in and Virginia Griffiths and Harold Gri�ths are owners(hereinafter"the owners")of the property located at 1245 Lakeview Avenue within the City of Orono(hereinafter"the City")and legally described as follows: Lots 17 and 18, Block 1, Maxwell's Addition to Crystal Bay Lake Minnetonka, Hennepin County, Minnesota(hereinafter "the property"); and WHEREAS,the applicant has applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit a 16' X 24.5' residential addition to the existing house located 6'from the east property line wHere 50'is required adjacent�to a right-of-way and a 26' � setback to the front properry line where 50' is required; 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 October 16, 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 1. This application was reviewed as Zoning File#2629. 2. The property is located in the RR-1B, Single Family Rural Residential Zoning . District. 3. The Orono Planning Commission reviewed this application on October 16,2000 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: � � , ' Page 1 of 5 ` ��! ✓ i�� 7 O� • O O ��b. - CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL ��SI��4'� � � . . NO. �- f�� x. � . A. The property was developed in 1958 prior to the adoption of the zoning ordinance. B. The existing house is located 29.8'from the front property line and 22.4'from the east property line. C. The setbacks on the property leave a minimal building pad that could not be used for additions to the existing structure. The orientation of the house and location of historical access limits the addition to the east side of the house. D. The property is located in the Crystal Bay neighborhood where most lots are similar in size and dimension to the applicant's property. E. A platted,but undeveloped,alley is located immediately east of the property: The City of Orono has no intention to open the alley for construction of a � � public right-of-way. � F. Vacation of the alley was discussed at the Planning Commission meeting. It is the position of Staff and the Planning Commission the entire neighborhood should jointly apply for a vacation of the alley. If the alley were vacated at some time in the future,6'would go to each adj acent property owner. Utility easements would be required over the entire 12'because the alley is used for utilities. There would be 12'between the center of the alley to the corner of the proposed garage addition. G. The height of the house will not be increased by the proposed addition. 5. The City Council finds fhat 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 will not adversely affect tra�c 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 properry right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. � i _ Page 2 of 5 . � i�� . �� 0� • O O ��6. - CITY of URONO � ' � '� RESOLUTION OF THE CITY COUNCIL . ��`9.kE p4��'G � . � NO. - � ��ii o� �� SII 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. 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 permit a 16' X 24.5' residential addition to the existing house located 6'from the east property line where 50'is required adj acent to a right-of-way and 26'to the front properry line where 50'is required.Approval is subj ect to the following conditions: 1. Authorities granted by the variances 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 these�vaziances �vill expire on that date (October 23, 2001). 2. Violation of or non-compliance with any ofthe'terms and conditions of the variances shall constitute a violation of the zoning code, sha11 automatically'terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicant and owners have read,understand 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. • _ Page 3 of 5 0 � � � o 0 ��b - CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL ��kESH.�4�. � � � NO. � � �n � � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of October, 2000. ATTEST: � � - J � �� Linda S. Vee, City Clerk Gabriel bbour, Mayor � ` � � y � Prope - Owner Property Owner , � Applicant � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of October, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota miuucipal corporation and said instrument was executed on behalf of the City. MARY ANN JOHNSON NOTIIRY PUBLIC-MINPtESOTA C�i�l�'t/ �t CanrMMion E�Jan.31,1005 Notary.Public. . STATE OF MINNESOTA ) . . ) ss. COUNTY OF HENNEPIN ) On this �� day of /U�YYI� , 2000, before me a Notary Public within and for said County,personally appeared V1Yqi�h�a �v�°�i�f�h-S, f'1�cu-��'�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. � ' HEIDI N.STURMAN ��-�soT� otary Public ��.31,2005 Page 4 of 5 �-� . ._.. �--- �� . � � o � � ��e. - CITY of ORONO � � �'� G'� . RESOLUTION OF THE CITY COUNCIL . � �9kESH.04�'�' . . . . . . NO. � �� Q�A `(I_ � � � � � . � STATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) On this�day of /UC�I,��'1.�� ,200�before me a Notary Public within and for said county, personally appeared /�(el�'�'/') /'�_- —• �A�� 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. HEIDI N.STURMAN ��%�"",� � � - . rtar,�r�ueuc-�sor� Notary Public . My Ccirmbalon Expkes Jan.31,2005 � • • . STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) Onthis g day of /vOV E/V1 RL�- ,200Qbefore me allotary Public within��d for said county, rersonally arreared kf L -F-F� kno�m 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. � \ WiLTON L �� Notary Public , �,�r r • • Page 5 of 5