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Home My WebLink AboutResolution 4425 � o� . • o o . ��b. - C ITY of ORONO ,� � _ �� G'� RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. 4 � � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZO�TING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE #2554 WHEREAS,Ann E. Anderson and Gil A. Anderson (hereinafter "the applicants") are owners of the properly located at 845 Willow Drive South within the City of Orono (hereinafter "City") and legally described as follows: � � That part of Government Lot 7, Section 10, Township 117, Range 23, Hennepin County, Minnesota, lying North of Johnstons French Lake Second Addition and except the North 235 feet of the East 200 feet thereof and except road, according to Hennepin County isurvey; 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 January 19, 2000, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and � WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow a 36.5' front yard setback where 50' is required to permit construction of an 18'x10' master bedroom addition to the south side of the existing residence. . NOW, THEREFORE, BE IT RESOLVED by the City .Council of Orono, Minnesota: � FINDINGS 1. This application was reviewe�l as Zoning File #2554. . i Page 1 of 6 � °� � � � • o o � ��b. - C ITY of ORONO � ti ti RESOLUTION OF THE CITY COUNCIL ��`9.kE H.p4�'G N O. � � � � . S 2. The property is located in the RR-1B, Lakeshore Residential Zoning District � requiring 2 acres in area. The property consists of total area of 740,000 s.f. or 17 acres. 3. The Planning Commission reviewed this application on January 19, 2000, and recommended approval on a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The residence was built prior to current zoning standards. � B. � The addition will not adversely affect the neighbors. 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 would not adversely affect traff'ic 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. , Page 2 of 6 � °� � . � o o � ��b. - C ITY of ORONO � F '�' RESOLUTION OF THE CITY COUNCIL ��k'E H.p4�'G NO. t� � � � . S CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow a 36.5' front yard setback to permit an 18'x10' master bedroom addition to the existing residence. Approval was 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 pernussive 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 (February 28, 2001). � 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically � terminate any authority granted herein, and sha11 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 properry. � Page 3 of 6 � . / O � � • O O . . �b - CITY of ORONO � ti �,� � G'ti RESOLUTION OF THE CITY COUNCIL �9kESH�4�' NO. L� � � �+ Adopted by the Orono City Council on this 28th day of February, 2000. ATTEST: ' , ` �� Linda S. Vee, City Clerk Gab 1 Jabbour, Ma r � __ �fc��-�r Property wn r s) . � . • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of February, 2000, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public CAROLE A.HASEMAN ' NOTARY PUBLIC-MINNESOTA My Conxrdssion Exphes Jan.31�2005 � � Page 4 of 6 .,... �— � O� • O O . . ��b. - CITY of ORONO � � ti � �� G'� RESOLUTION OF THE CITY COUNCIL . �9kES�1�4�' NO. �� STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) � On this�9fh day of �e�R V 4R<-) ,200�before me allotary Public within and for said county, personally appeazed A-nn � �nd�e�eson �e nc� G� � �• �r��P,e 5°� rY,�eQ;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 � � � NOTARYPUBLlC-MINNESOTA Notary Pu 1C � 1�'IY ConxNsslon Expires Jan.31,2005 ��.. A�.�-� - ., • STATE OF MINNESOTA ) . � . ) ss. COUNTY OF HENNEPIN ) Onthis day of ,200_before me allotary 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 , � ' ' '� FRANK R. CARDARELLE Lana su�eYor, Land Surveyor (612) 941-3031 6440 Flying Cloud DriveEghibit A � � � � Eden Prairie, MN 55344 � � � ��r�i�i�� uri�� • Book Page File�e�•�o,T.��,R.zs Survey For Ann 8 Gilbert Anderson 845 Willow Drive Orono, MN _ — /0 8T 3 �/c.,.•�.lo -- - 2 D v.a � <�,' . ��;.'s- . • �� -=J . I . . . � Q . 0 M MI� � � � � a �; . . � q �, � . I o�; . . ; �� • LP�� . . 33' I . �1 I . � . . . • � 2o v-0 _ . c r.c-- z7';� . / — -�7G.2'�,�� —3G.S-- � �`. .M� 1 � � - � '�' 4 �' _ _� _- . . , � . •'� z�' Qo�k v.c.,a 1 } � , � , — � 1 . �I N�•�!V � � . t �4 y JRO r ; • ; i�a k' 1 .. ^ � � ; � � � � � 6z, '�3r.e ��f_ =n � ' . �` `a - `' 'r� 3 � � . . �I �+ �� av.5� I 3 . !.( `�=t�io� _ � -- �/R5 q]%a",µ/ _ /3�d.�-- I � '„ North line Johnstons French Lake Second Add.� � .,� ' ., . 11�' . y� Scale: 1"=50' • Denotes Iron Mon. Found Description: That part of Government Lot 7, Section 10, Township 117,Range 23, Hennepin County, Minnesota, lying North of Johnstons French Lake Second Addition and except the North 235 feet of the East 200 feet thereof and except road. accarding to Hennepin County survey. Containing 17 acres t. This plan, specification or report was prepared by me or under my direct supervision, and that I am a duly Registered • Land Surveyor in the State of Minnesota. Signed this �.SR day-of ��9• , ' L. � � � rank . r a e e Sta e g. License No. 08 , . Page 6 of 6 " . . . � �ti °:� F�`� � . ,,; � ; ,� s:� . . �'+ •• �xdh� i1Jt 'v.�' �% -"�-� '