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Home My WebLink AboutResolution 4570 � / O �- � 11�' � O O ��e - � CITY of ORONO � � . �� G'ti RESOLUTION OF THE CITY COUNCIL ' �9kESH�4�' � N O. �'� � �• A RESOLUTION GR.ANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03. SUBDIVISION 9 (D) FILE NO.2637 WHEREAS, William W. McGuire and Nadine M. McGuire, (hereinafter "the applicants") are the owners of the property located at 315 Woodhill Road within the City of Orono (hereinafter "the City")and legally described as follows: Exhibit A attached, Hennepin County, Minnesota(hereinafter "the property"); and WHEREAS,the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03,Subdivision 9(D)to allow the proposed accessory structure to be located nearer the front lot line than the principal building where no accessory structure is allowed. WHEREAS, after due published notice and mailed.notice in accordance with � Minnesota Stahites and the City of Orono Zoning and Planning Codes, the Orono Planning " Commission held a public hearing on November 20,2000,at which time all persons desiring to be heard concerning this application were given the opporturiity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#2637. 2. The property is located in the RR-1B Zoning District,where 2 acres or 87,120 s.f.is . the minimum required lot area. The property consists of approximately 8.48 acres � � � . . or 369,388 s.f. . . 3. The Orono Planning Commission reviewed this application on November 20,2000 and recommended approval by a vote of 6 to 0. 4. The Planning Commission made the following fmdings of fact: Page 1 of 6 � . f l > � r' //�"� , �� • o o -- ��b - CITY of ORONO � � �� G'ti RESOLUTION OF THE CITY COUNCIL ��k'ESH04�' � NO. ��? � � . A. The location of the principal residence is 285' and a guest house is 480'from the south property line toward the rear of the 8+ acre property, making it impossible to place an accessory structure within the front 8 acres without a variance. B. The accessory structure will be located more than 135'from the south lot line reducing its potential impact on neighboring properties. 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 properry; 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 10.03, Subdivision 9 (D) to allow the proposed accessory structure to be located nearer the front lot line than the principal b�uilding where no . ' accessory structure is allowed. 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 B. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by this variance run with the properry not with the applicants, but are permissive only and must be exercised by application for a building permit • Page 2 of 6 ( O ` �� • � o -. � . ��b. - CITY of ORONO . � � ti �,� G'� RESOLUTION OF THE CITY COUNCIL L9kESI��4�' � NO. � � � o . ' within one year of the date of Council approval,or these variances will expire on that date (November 27, 2001). � 3. Violation of or non-compliance w°ith 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 agrees to the terms of this resolution and on behalf of themselves, their heirs, 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 meetin�held on the 27th day of November, 2000. • ATTEST: , ��, ,� �/� Linda S. Vee, City Clerk Gabrie Jabbour, Mayo .�� -� ! � G►.Y�4' ` � � !% (��,,.;w.�� Property Owner(s) STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) � � The foregoing instrument was acknowledged before me on this 27th day of November,2000 by Gabriel Jabbour 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. ��a'C-_�-C� /.JpG�ly��_. . � tiTotary Public RACHf L DO�DGE • �� Pa e 3 of 6 My corrrn�afon E�Jan.s1,ZOOS g � , �� • o o -- ��6. - � CITY of ORONO � � �� '� RESOLUTION OF THE CITY COUNCIL � ��kES8�4ti�' . NO.� �. � `� � _ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 4 On this ��h day of �e 6 •4 u Q�u , 200,0;before me a Notary Public within and for said County,personally appeazed l✓'a q�,�r�� _/yJG G c��'�e . rn a R.s�,�P�c' 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. Gl�.��G�� i��_ Notaiy P�blic � STATE OF MINNESOTA ) MARY ANN JOHNSON � � SS. ��Y��JC-MINNESOTA • COUNTY OF HENNEPIN � ) � "' ��'�".31,� i On this 3� S� day of ��-� , 200�;before me a Notary Public within and for said County,personally appeared (��! f Gtr� U � • I7'1��i�-i-�-, /�"7c��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. �� . Notary Public ��F ��'�'►11 ��0^�iNiri.�1�2D0� . . Page 4 of 6 � . � . ; � Exhibit A � � 4 5 '7 0 �. � � _ . Legal Description: Tract A, Registered Land Survey No. 1596, Files of Registrar of . ' Titles, County of Iiennepin except that part which lies Northerly of ' the Easterly extension of the South line of Lot 3, Block l, Woodhill • Ridge, according to the recorded plat thereof, and which lies Westerly of the following described line: . Comznencing at the Southeast corner of said Lot 3; thence • i'' - Northeasterly along the Northwesterly line of said Tract A, 241.87 . feet to the point of beginning of the line to be described; thence Southwesterly to a point on the Easterly extension of the South line . of said Lot 3 distant 17.00 feet Easterly of the Southeast corner of said Lot 3 and said line there terminating. AND . That part of Lot 3, Block 1, Woodhill Ridge, according to the o�fice of the Registrar of Titles, which lies Northeasterly of the • � following described line: � Coinmencing at the Southeast corner of said Lot 3; thence Northeasterly along the Southeasterly line of said Lot 3, a dis�ance of 241.87 feet to the point of beginnin� of the line to be described; thence Northwesterly to a point on the Northerly lin� of � said Lot 3, distant 72.95 feet Northwesterlx of the Northeast corner of said Lot 3, and said line there terminating. . ' / • � ' , _ r� . �• ' Page 5 of 6 � . � - ' Exhibit B ` '�' / � Y` �� I � ,` _ ��<� � � � '�' Q p ,7� / . / • ` / / \ � �r `\ � • .. . . • `J� . o ae��j . / . / '�� 1 ' l . � / • I `=g ` `)C`� � �� . . / , `t� `� ' . ___ . _ . ._ . __ � — _ •-••-----•- - - °--• -• _ --- � - - ---J��.. � ''\� ---•---- -- -•-- -- • • - •--- • -- — ' . . . . - - -� - � �s � ��\\ I • . _ �� .« ,.� �� " � Q �� I . Y v�• � +. a 's. � �f �` �Su% =�� /,`� S Q4DS ` / _ - . 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