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Home My WebLink AboutResolution 4469 __ 7334863 /:.-0,„ 0.,V\ '/o 0 __-.::: tie,- ' CITY of ORONO A ' 41* '4!) 4 I., As i4 �M o~ RESOLUTION OF THE CITY COUNCIL 9 4�'/ NO. 4 4 0 �kESH.Dj A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B) FILE NO. 2578 4 IVI, ; arvices Inc, WHEREAS, David C. Lundberg and Lorraine M. Lundberg, husband and wife, (hereinafter "the applicants") are owners of the property located at 900 Dakota Avenue within the City of Orono (hereinafter "the City") and legally described as follows: Lot 3,Block 1,Johnston's rearrangement of Albee's Long Lake Addition,according to the recorded plat thereof, 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 a side yard setback of 11' where 30' is required to permit the construction of a two story 26'x 26'garage 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 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: FINDINGS 1. This application was reviewed as Zoning File#2578. 2. This property is located in the LR-1A Zoning District, where 2 acres or 87,120 s.f. is the minimum lot area. The property consists of approximately .75 acres or 32,508 s.f. 3. The Orono Planning Commission reviewed this application on May 15, 2000 and recommended approval by a vote of 5 to 0, based on the following findings of fact: Page 1 of 6 4-0.iV'' \ /o0 -,=...„ tip. _ CITY of ORONO 11�I t;! ` ti / �� 3 �� 4 RESOLUTION OF THE CITY COUNCIL 9 4ti / NO. 4A (' �kESH�j }� A. The 3/4 acre lot is small compared to the LR-1A zoning district 2-acre standard. B. The residence was built prior to current zoning standards. C. The locations of the sewer line and well limit where the garage can be located as do the existing house room layout and a number of mature trees on the lot. D. The 500-1000' hardcover on the lot is decreasing. E. The neighboring residence adjacent to the proposed setback encroachment is sufficiently distant so as to be not negatively impacted by the encroachment. 4. 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 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. 5. 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 CITY of ORONO *4 ,Ji ~ RESOLUTION OF THE CITY COUNCIL <9 k 4.4) ENO. 4 SH�j 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 a side yard setback of 11'where 30' is required to permit the construction of a two story 26'x 26' garage addition to the existing residence. 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. The applicants shall remove the shed on the property within 90 days of receiving the building permit or prior to final inspection, whichever is earlier. 3. 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). 4. 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. 5. 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. Page 3 of 6 t:;;?. 0.4, ;00\ ------.1„ ttio, t,' , CITY of ORONO IA 1 ' li ti ii, ��e. RESOLUTION OF THE CITY COUNCIL SHS G NO. r ', d Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 22nd day of May, 2000. AriFST: �1e--- Linda S. Vee, City Clerk Gab\\T.:\ iel abbour, Mayor 7:177 / fj Propefty Own Y(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. ., JOHNSON ti '714 '?,(,/ n. ;).--V4, �, MARY ANN Notary Public a5 _ NOTARY PUBLIC•MINNESOTA ' My Commission Expires Jan.31,2005 Page 4 of 6 �0 0 /rig.-- 0 oCITY of ORONO � a RESOLUTION OF THE CITY COUNCIL '9 4� / NO. i kESH�j STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 12,+Ii day of /ty , 2000, before me a Notary Public within and for said County, personally appeared l)a,, d he kcj a�,I Leek q/0e n1• L y l Ac,ee 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. 6ti r ` MARY ANN JOHNSON • .'`e": NOTARY PUBLIC•MINNESOTA ti Notary Public let/Commission Expires Jan.31,2005 ti STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 2000,before me a Notary 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 Exhibit A CERTIFICATE OF SURVEY 141.:=rs ix, Prepared for: RESIDENCE J4 goo 0A.koi-)1 ilv6 / , 4 .1 i„ ,. , .t . -.'''*7 (.' r-- 4 i 11, 0 ': ) I.,. • ... . - . .' - ' • • • 1—_—____._ 1 (,!::-. i pir (Inf.,?!!n ‘r i .; V i' V T1 0 i',.i V • • ( crIADINr.i rl Ars! -.! ,i,•'..i':,.i..‘:.,i_.n 1 /I 1.-: 0 WIT:i Pr.iiSlDNS LEGAL DESCRIPTION .. iTi CV,I;Pi,f•c)\ir.• D . ny lot 3) Block 1) IOHNSTON's REARRANGEMENT OF ALBEE's (1:9w I DATE_ -C-6,-86 .. LONG LAKE ADD ITIotq, qc.ordin5 , to it recorded 714t -thereof? . Hennepin Count$ Minneseitd. ••1;-1- er vs %., . °-- ,- ... i _i, : ._,,,, r•-.0 (qq0Y- Lc)c) re\ 40 ;1/4 C•IC\1 • ftiPr X sh;e% . . .. . , .. (1:4 O. 46 ' () . -• • . • . . : . CA- Nol:' '.• - . ,."Or e•;.• 1 ( 5• c•- 1 . ,.. 2:),.01---- Rh _). (4 *INN N ft!) go o o-,•, ) Ns; gN ,i '... 40 • < .• 4) ''. -1*.' Cl. -ZyN C) • S. S<e\\9 ./... 0 ----- •-•-k t.": $Nr sN t • r ------- , 1--N \ CA ,NNN i 1 ty1013 7 I i • i'l.....,%1Va • • -.1' 9 ..•••••% ------ • ___A___________..-.-.......,... _..14. Tr". - TS. co ..---------- ..!..• " 7.-N. :..-. ••••., . .-7. •-\ . J/ •"' Crf ( - .---e7e---r'Th -••• 140.09..--. -1.-•;.„_ \ \ 7';;Cis• ::-K-'".,..1 ••-• ',.? •!..7.,-'9-tri 1 0!::. 1 ..;.',;.‘•; 71*...7,` *!•.,r,,N] „--1-i ---1 :',"Y':4.!:;! -... • .... :• GENERAL NOTES o Denotes iron monument Proposed top of foundat n elevation = *+" Denotes cross chiseled in concrete Proposed basement floo elevation = x 939.7 Denotes existing spot elevation Proposed garage floor elevation = 19391 Denotes proposed•spot elevation (--- Denotes surface drainage BENCHMARK'. Z> C/ ...- Dashed contour lines denotes proposed features Solid contour lines denotes existing features IA SCALE ALL-METRO LANDI hereby certify that thls survey,plan or report was prepared by me or under my direct supervision and that that I am a duly Registered Land Surveyor ,7 / SURVEYORS, under the laws of the State of Minnesota. I .BOOK PAGE 11 t, 7 z ,.. l' -r-2411,21 2340 Daniels Street 2 Long Lake, Minnesota 55356FILE NO. I Ph: 475-1433 DATE 9 ///84 REG NG, 17025 6070-A ... .., I_ --(1-2-±.-2-:-2/21 Page 6 of 6 R L.t• , \CSC?' 7334863 OFFICE Of"^'.'=T Y RECORDER HENNEPN COUltTY.MINNESOTA CERT FIGO F!!FD AND OR R7-J,i1iWEO ON 00 AUG -8 An 8: 47 7334863 -17 ' co.REC. PUT Y