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Home My WebLink AboutResolution 4470 _ _ �_ �� 0� � � O O ��b. - CITY of ORONO � F . �,�- G'� RESOLUTION OF THE CITY COUNCIL . �`�kEsKO4� . rvo. �� 4 �' � A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6(B) FILE NO. 2580 � WHEREAS, Timothy J. Pattrin, (hereinafter "the applicant") is the owner of the properry located at 1360 Railroad Avenue within the City of Orono (hereinafter "the City") and legally described as follows: All that part of Northeast 1/4 of the Southwest 1/4 of Section 10, Township 117, Range 23, described as follows: Beginning at a point on the Southerly line of Lot 6 of Elbridge S. Barnes' First Subdivision distant 205.08 feet Southeasterly from the Southwest corner thereof; thence Northwesterly to said Southwest corner; thence, Southwesterly along the Easterly line of the right-of-way of the Great Northern Railway 179.06 feet;thence deflecting left 90 degrees to an intersection with a line drawn through the point of beginning at right angles Southwesterly from the � S . Southerly line of said Lot 6;thence Northeasterly to the point of beginning; subject to that part thereof lying within Central and Railroad Avenues, Hennepin County, Minnesota(hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.23,Subdivision 6(B)to allow the construction of a 624 s.f.attached garage to the existing residence to be Yocated 23' from the street side yard where 50' is required. 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 May 15,2000,at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and ' NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � Page 1 of 6 i� . � O� • O O ��b. - C ITY of ORONO � ti �� '� RESOWTION OF�T�H�IOTY COUNCIL `�k'ESH�4 NO. FINDINGS 1. This application was reviewed as Zoning File#2580. . 2. This property is located in the LR-lA Zoning District, where 2 acres or 87,120 s.f. is the minimum lot area. The property consists of approximately.51 acres or 22,137 s.f. 3. The Orono Planning Commission reviewed this application on May 15, 2000 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following fmdings of,fact: . ` A. The structural coverage on the lot is increasing to 2,160 s.f. (9.76%),but still � well below the allowed 15%. SB. The 500-1000'hardcover coverage is increasing,but well below the allowed 35%. C. The well is located on the east side of the residence, limiting the ability to construct an addition to the rear of the house. Also, the existing residence akeady encroaches the front, side and side street required yazds, and any addition would require encroachment of one of these yards. D. The lot is small compared to the LR-lA zoning district standard. 'E. The driveway will continue to access from Railroad Avenue. 5. The City Council finds that the conditions existing on this property aze peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would 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 applicants,but is necessary to alleviate a demonstrable hazdship or difficulty; is necessary to preserve a substantial properry right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. . Page 2 of 6 i� �� o o � ��e. - CITY of ORONO � F �� '� RESOLUTION OF THE CITY COUNCIL ��kESH.�4� NO. � � `� Q 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 welfaze of the community. CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants , variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B)to allow the construction of a 624 s.f. attached garage to the existing residence to be located 23'from the street side yard where 50' is required. Approval is subject to the following conditions: 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 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 this variance will expire on that date (May 22, 2001). , 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 applicant has read,understood and hereby agrees to the terms ofthis resolution and on behalf of himself,his heirs,successors and assigns,hereby agrees to the recording of this resolution in the Chain of Title of the properry. • Page 3 of 6 .: . �_ �� O ' v . • O O •b. - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL �9kESH�4� NO. � � �� Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 22nd day of May, 2000. ATTEST: A � ` � 1� � �� V � Linda S. Vee, City Clerk Gabri Jabbour, Mayor . l�G� �- �ll, Prope O er(s) • . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . The foregoing instrument was acknowledged before me on this 22nd day of May, 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. - � G�� Not�blic `�� MARY ANN JOHNSON f�OTi1RY Pllg11C-M(N1�30TA ��' ��n Exqnes Jan.31,2005 • Page 4 of 6 ., , , � �-- � O� . • O O , ' ��b. - CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL � ��`q.kE p4�'G N O. � � � Q . sx . STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this . � o-�, day of /�"1 R-Y ,2000,before me a Notary Public within and for said County,personally appeared �i rn o�-h�t J . -�a f�Ri N. i'J�QR�Ti'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. � << MARY ANN JOHNSON Notary u lic NOTARY PUBLkC•MINNE30TA My Caruni�tion Expires Jan.31,2005 � STATE OF MINNESOTA ) , ) ss. COUNTY OF HENNEPIN ) ' On this �fh day of J u h� ,2000,before me a Notary Public within and for said County,personally appeared Sa n�c�a- U. �afl-R��N`� �rt � r2��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. ��/ ,�r� � " Notary P lic �°� ,� � � MARY ANN JOHNSON NOTARY PUBLIC•MINNESOTA .' ,.R; Myr Cortur�ss6on Explres Jan.31�2005 _.� � r_ • � � Page 5 of 6 , „ o , _ Exhibit A 1360 Railroad Ave., Crystal Bay,Mn, 55323 � � � o I.EGAL DESCR]PTION:All that part of Northeast 1/4 of the Southwest 1/4 of�Section 10,Township 117,Raage 23, • described as follows: Beginning at a point on the Southerly line of Lot 6 of Elbridge S.Barnes'First Subdivision distant 205.08 feet Southeasterly from the Southwest comer thereoF, thence Northwesterly to said Southwest comer, thence Southwesterly along the Easterly line of the right-of-way of the Crreat Northern Railway 179.06 feet; thence deflecting left 90 degrees to an intersection with a line drawn through the point of beginning at right angles Southwesterly from the Southerly line of said Lot 6; thence Northeasterly to the point of beginning,subject to that part thereof lying within �� • Central and Railroad Avenues. � - � - � � . �, . . , • . . �- _ ir � • a � � 'L�.t � ��` � r~� � � �. ��'��,�'1 i��:wI''r'�.. � . . 1' � J� .� ='4�';� � .,':-.�' . � �'1 'r�_}:" . ,.7l.': y}�t�, / � ..�:i:`i;,;...L.1�-� � �,r.;. �� N �, ;Y:. ,: .,;�,:�.��:.:. : :..� �,``• . "� �� .. :.-: .,��,:, � � •��.*nw `" <�,.:_ �, .�,;;�� /�\ � � � � ��:: � .r � ��c,� ��f� .:�,+` , � r .,; � � K� �� ' r!� o f° ��" `:�.-:."�:>'�ds,p �Pr� � ."'�`_ �` t� e, u:y � � � 90�` '+ I ft,wa� - 8* � .�.�_ ,,,�g.OPe� y ce7�� . ,_ `�-:::�;;�t..._ - � �� •� <�i' .` .i �� ►� M . vP � _ /� 3 ti ��,t. . ` c.,9 � _., 6 � S�, -- ; _.,::.1,.,:�... �' . /� �� Y'r�••.�� A �•�� ` /b � I ~�\�r•. 'y�'/.y . /��f " � o�`° :,..,:�•E C f . 3,�2 �S .�,� .-._: � ��: .�7 y 2 �v x�`��f� ' v �� ' S6 ° � ��,� �Q25. �, L� .�,,�,: , � 9 zs? �� y o`,� .��o J L„ � �i t�' , • , ., I / S � , ' � , o acc, o -� .�► � , �o U, �h �':.,a:� � Z'i `� . � � �� ".�.i � �,}. ,�•�:) / p Q� / � � �� c� , B��C a �"�� d, �IO r� � ��/ti,t�Q, . / � �. p � D �'j' � � c � v / . `c, to d 'Ht� J �� '`` ? �9 �,VPWd � ' / � � � t��' ��x . � � ' , . ' ` . � �� I a ;��}�� cV Y �� 0 . I � .J. �:, � • � .� � L\ °' � �' / r � ,�' � �' �.� i ' -" `P� / .� x . (� �L O`1 _• C �� .�p �v �N h '•'8 (� s.,.' !� �( :; � /n�(G 1 �. / �\ �`;�'<.=-: �, �0 t-, �O r e✓ Cn �Q, �.' � ; � � � v � � � Q °'� C �i � ��o� - � Z �' ¢ % ��._ °� �' ___. � � • � /� � �, `:-'. � 3' ` �6 c„ .� .-:-, :-, q0� g• � /�I"FIa�9<P'Pe 2� 'i M , ny°` r '•j .. �; . �,t�� P_P#' 1,�� ` ,� °^ : ..:; co�Kh �� c..1� / � 1 N�� aub o� � � � .0 `�.... .. �q �\` /s�, / �DOa L ! U �. LEGEND: � . � N7z°o34g�, ''/_�ub�e� whc ,`', ^� Scale: 1 inch=40 feet W / '`�s,� . �_ 6� PP, � ,=� Bearings are assumed , - � 8f�8_ �"�P ( �, o Denotes Iron Pipe Found ' °'2iP F�' " •`Ts.,; z9 P.P.-Denotes Power Pole _ ''��Z�s' ` � M-Denotes Current Measured Distances � �� -=:i. '�:;�, D-Denotes Original Deed Measurements , Area=0.52 Acres � �'''•�- . �L.'• =�,J ��,'�"� I hereb certify that this CERTIFICATE OF SURVEY was prepared by me and that I am a duly Re ' ter d Land Surveyor under the laws of the State of M'innesota. As surveyed by me • t • ayof 2DO0_,� . ��'/�Q-Q�� Page 6 of 6 v Garv L. B r,Land Surveyor,Mn License No. 10948 �