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Home My WebLink AboutResolution 4601 o � . .. /� /� �ll�' • � � ��b. - . CITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL ��`9kE Hp4�'G NO. _. �, � �u �1 • S �. .� .. .� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE � �SECTION 10.24, SUBDIVISION 5 (B), FILE NO. 2647 WHEREAS,Robert M. Zaun and Kimberly A.Zaun, (hereinafter"the applicants") are the owners of the properry located at 1337 Rest Point Circle within the City of Orono(hereinafter "the City") and legally described as follows: All that part of Lot 4,Rest Point Park,Lake Minnetonka,Hennepin Co.,Minn.,lying Northeasterly of a line described as follows: Beginning at a point on the Northwesterly line of said Lot 4, distant 104 feet Northeasterly from the most Westerly corner thereof;thence Southeasterly to the angle point on the Southeasterly line thereof, distant 114.4 feet from the most Southerly corner thereof and there ending, Hennepin County, Minnesota(hereinafter "the property"); and � WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to allow a side yard adjacent street setback of 22' where 35' is required to permit a residential 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 heazing on January 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#2647. 2. The property is located in the LR-1B Zoning District,where 1 acre or 43,560 s.f. is the minimum required lot area. The property consists of approximately 24,067 s.f. � or .55 acres. i - Page 1 of 5 . ti . � /�� /� O� • O O ��e. - CITY of ORONO � � � �� 'ti RESOLUTION OF THE CITY COUNCIL ��ESH�4� NO. � � O .�, 3. The Orono Planning Commission reviewed this application on January 17,2001 and recommended approval by a vote of 4 to 0. � 4. The Planning Commission made the following findings of fact: A. The structural coverage on the lot and hardcover are both conforming. B. The residence was built prior to current zoning standards. C. Granting of the variance will have no impact on neighboring residences. D. Due to the location of the house and its interior layout, there is no practical way to locate the proposed garage space and additional living space addition in a conforming location. � 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 a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B)to allow a side yard adjacent street setback of 22' where 35' is required to permit a residential addition to the existing residence. . Approval�is subject to the following conditions: • � Page 2 of 5 . . /�� O� . • O O �b. - CITY of ORONO . � � �� G'� RESOLUTION OF THE CITY COUNCIL ��SH�S�`� NO. .� ��e� � � � � .� :� 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. � 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 (January 22, 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 ternunate 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. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 22nd day of January, 2001. � ATT ST: . . _ ,f . U Linda S. Vee, City Clerk Barbara Peterson, Mayor � � Property Owner � • � Page 3 of 5 i�� /7 O� . • O O ��b - CITY of ORONO . � � �� G'� RESOLUTION OF THE CITY COUNCIL � ��`9.kE3I3p4� N O. Q. �, �9 �� .�- STATE OF MINNESOTA ) .-:�< RACHEL DODGE � � �$'� N�iARY PUBUC-�NE30TA�, SS. COUNTY OF HENNEPIN ) �� The foregoing instrument was acknowledged before me on this 22nd day of January, 2001 by Barbara 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. `��.� �°��'-e-- � Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this_�� day of �G-Fz�.l'� , 2001,before me a Notary Public within and • for said County,personally appeared ,��o.�� rn- Z-�-Ln , rYial"Yf P�(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. �.�.�e pd��-Q— Notary Public STATE OF MINNESOTA ) ' l RACHEL DODGE � SS. �qRypUBLIC-MINNE:OTA COUNTY OF HENNEPIN � �Ay Co�m�on Ex��'31'2°°s On this � '`�'' day of O c�o�EYZ ,2001,before me a Notary Public�vithin and for said County,personally appeared /�'iM�EIZ��Ani�v �A�v�� r�2/E7� 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) e act and deed. � Notary Public .�c.;�:::�.�-- . . i� �wi�iiS�M.LESKINEN . �� NOTAR1f PI�LIC-MINNESOTA My Corrurrssion Ezph�es Jan.31,2005 • � Page 4 of 5 _, . .�RAt�1K R. CARDARELLE Land surveyor, Inc. � - . � � Land Surveyor (612) 941-3031 644C� Flying Cloud DrivP Ede^ Pr2irie, MN 55344 Exhibit A • ��r�i�i��e �� ri�� Survey For Rob�=t z,=un Book Page File �3 q¢ ?�37� Rest Point Circle, Orono � � . � Lar_ci Area: 24, 067 s:,ft. � \ " ' � H�use, DecY.,B.T.L=i�'� r�� , � Conc.Steps �� 2,638 sq.ft. < I�' �,c� �� 11% Hard Cover � � � - �ST � Proposed New Garage 70� sq.ft. U '`� - , ��1�,�,�; \ Proposed Hard Cover 14� ' � �3i � • •a` � Sc=?e: 1 "=4� ' ' � �. '8T � /`. ^ \ = 7erctES Iron_ a � �'.Q�� - �i - � . � t•;on, r cun� E A" � S�' �- i \ ' � i •�..,,. / . s ^ � �\ ► � � �' �L� � i2�y �� ♦ �\ I\.� �� • �� `T N ' �,r `(! � �'„! y'�S y � .�: � �� e� � �' \ .,� o S �3� �: ` �, '� i ! �r�� a� ' �G �./� ��' �aY� �4?'� b �� •� ' . � ^� P� � .� .. ��' �. , � � �� . - �o �� . . �� ' ,�. 1� • � / ` �''�S= ��d 8.� � / • � _ n QE,�� n .. / � rv �f- / � � � / �'� / \ 1 / \ ��s � G�;- � ° :. � \_ � f� . - , /�.. Descri�tion: ~' Ali �liet part cf Lot �, F:est Peint \ F�rk, LGke b�inneton?:a, �iennepin Cc., t•:j.nn. , � � lyinq �tortheasterly of a line described as �� `� EG� follows: Beginnir.g at a point on the North- �o � wESte=1y line o� saici Lot 4, distar.t 104 f�et . � . , Northeast�rly from the mcst Westerly corner thereof; thar.ce Sout:�easterly to the ar.ale point. on the Southe�sterly line the�eof, distant : 11�'r.4 fe�t frc:�� the ro�i: SouthPrly corner thereof and there ending. �� ?� �, "::'�.� - _� J! r^ uT ^'� �3��. . :� . �t7�, sl `�.�n > i �`4 _. - �Mrtby qr4(y ih+t C+ks b a 4w�nd cornd npr�s�ntatlrn of a swsy of Ih�bandrin ot C3 E�C Y'2 i�_G abov e . H�*wPa+Co�tY�Krn�aota rd 1M IoeeL�on of�fl bee�duiQs rd . \ i�r+y on aaid Ir�d. Survsy�d by tn�on tltis ��f! dey d 1'1�j7 • .�9��. .�.. _ . /� � � • Rev. 11/29!'QQ� � � � ' � - • � �an . R. Casdarelle � Page 5 of 5 � �G'��