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Home My WebLink AboutResolution 4178 ,;.,,. .:.:,. � O� •' O O �b. - CITY of ORONO � ' ti '� RESOLUTION OF THE CITY COUNCIL ��kE H04�'G . NO. � �4 �. � � � S , A RESOLUTION GRANTING ' VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) � FII,E #2413 �� WHEREAS, Paul Bennett and Megan Bennett (hereinafter "the applicants") are owners of the property located at 500 Hanlon Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 14, Minnetonka Bluffs, Hennepin County,, Minnesota (hereinafter "the property"); and • WHEREAS, after due publ�ished notice and mailed notice in accordance with 1�Iinnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning • Commission held a public hearing on September 21; 1998 and October 19, 1998, 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 permit the construction of a 24'x20' garage with second floor living space addition to the residence to be located 17' from the side yard adjacent to the street lot line where 50' is required; 8.9' from the side lot line where 30' is required; and 11.9' from the rear lot line where 50' is required. . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS � � 1. This application was reviewed as Zoning File #2413. 2. The properiy is located in the RR-1B, Zoning District, where 2 acres or 87,120 s.f. is the minimum lot area. The property consists of .15 acres or 6,473.5 sq. ft. • Page 1 of 5 , � � O� � O . O ��b. - C ITY of ORONO � � . � G'� . . RESOLUTION OF THE CITY COUNCIL �9kESH�4��' NO. � 1 `�� 3. The Planning Commission reviewed this application on October 19, 1998 and , recommended approval on a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. In 1991 the City Council adopted a resolution for variances to allow the e�sting deck to be constructed. The resolution stated the Council would � not look favorably on any future variances' to increase structural lot coverage. B. The properry was assessed in 1980 for one-half of a sewer unit. The lot � , � located across the alley was assessed for the other half of a sewer unit. The property owners allowed the lot (#24) to go tax forfeit without the � City recovering any of the $3,350 assessment. ($3,350 is equal to one- half of a sewer unit). • C. The previous property owners of 500 Hanlon Avenue expressed interest in acquiring the tax forfeited lot to allow for the provision of building a garage in the future. The City Council adopted a resolution in 1996 to allow the property owners to have all past interest or penalties waived � and pay only the uncollected principal amount of $3,350 with the condition the lot be combined with Lot 1. The property owners did not purchase and join the lot. � D. Direct access for the proposed garage would be from the alley side rather . than Dickenson Street. E. The property owners located at 521 Hanlon Avenue, the only adjacent property, have submitted a letter of support for the proposed plan. 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 variances 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 • Page 2 of 5 � . � O� • O O ��b. - CITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL ��`9.kE Hp4�'G �. NO. �4 1 � � S 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 variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a 24'x20' garage with second floor living space addition to the residence to be located 17' from the side yard adjacent to the street lot line where 50' is required; 8.9' from the side lot line where 30' is required; and 11.9' from the rear lot line where 50' is required. • Approval was subject to the following conditions: . 1. The property owners acquire Lot 24, Block 14 and join the lot with Lot l, Block 14. 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 pernut within one year of the date of Council approval, or this variance will expire on that date (October 26, 1999). 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 shall be punishable as a misdemeanor. � 4. The undersigned applicants have read, under•stood 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 5 � °� � � o 0 �b. - C ITY of ORONO. � ' F '� RESOLUTION OF THE CITY COUNCIL ��`q.kE Hp4L�'� �. N O. L� � '� � S . Adopted by the Orono City Council on this 26th day of October, 1998. ATTEST: - � v�-�— _ • Li da S. Vee, City Clerk Gab 'el 7abbour, Ma r � . � . Property Owner(s) • STATE OF MINNESOTA ) . ) ss. . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of October, 1998, 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 Puflilic ':'�:.�.:<:'�"•"'?'`;, ,� `'`�� MARY ANN JOHNSON � �� NOTARY PUBLIC-MINNESOTA `�' My Commission Expires Jan.31,2000 � Page 4 of 5 . , . : � O ' Y � O O ��6. - CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL ��9kE Kp4�'G N O. ._� � �'! � � S . • STATE OF MINNESOTA ) ) ss. COUNTY OF HENN�PIN ) On this o� g�fi ,da y of_ (�c.�'o e2 , 199 8' ,before me a Notary Public withinandFo,�saidCoui�ty,personallyappeared a.� � �enn eff an�C /`�e n �en� ef7,��,e�;e� known to me to be the I,e�rsoi►(s) described in and who executed the foregoing ' strument, and acknowledged that h� ;.�laey) executed the same as his (their) free act and deed. MARY ANN JOHNSON �� o�`�•;`o! NOTARY PUBLIC-MINNESOTA • ,�.� MycanmissionExpiresdan.31,2000 Notary Pt�� ic STATE OF MINNESOTA ) . . ' ) ss. � � COUNTY OF HENNrPIN ) On this clay�f , 199 , before me a Notary Public withinand for said Cert�ity,personally appeared � known to mc �o be th�: per:,on(s) described in arid tvho executed the foregoing instrument, and acknowledged th�.t he (tl�ey) rY�:��uted the same as his (their) free act and dezd. . . Notary Public STATE OF MINNESOTA ) ) ss. ' COUNTY OF HENNEPIN ) On this _c11y of , 199 , before me a Notary Public �l,�ithin and for said Couuty,personally appeared kno��vn to m�z to be th�: f�er�on(s) described in and who executed the foregoing instrument, and � acknowledged that 1�� (�1;;°�!` ex•�cuted tl:e same as his (their) free act and deed. Notary Public � Page 5 of �