HomeMy WebLinkAboutResolution 4104 �_�.l
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��e. - CITY of ORONO �
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'� RESOLUTION OF THE CITY COUNCIL
� � ��`9.ItE HQ4�'G � � NO..�.�_�. � �
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A RESOI,UTION GYtAN'I'ING
A VA.RIANC� TO
MUNICIPAL ZONING CODE
SECTION 10.27, SUBDIV�SION 5 (B)
FILE #2379
WgIEREAS, Deborah M. Sholl (hereinafter "the applicant") is owner of the
property located at 4100 Watertown Road within the City of Orono (hereinafter "City") and
legally described as follows:
Exhibit A attached (hereinafter "the property"); 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 heari.ng on June 15, 1998, at.which times all persons desiring to be
heard concerning #his application were given the opportunity to speak thereon; and
WHEREAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.27, Subdivision 5 (B) to permit an amendment to a variance for front
. yard setback to allow construction of a three season porch to be located 75' from the right-of-
way boundary.
NOW, '�'H�REFORE, BE IT 12ESOLVED by the City Council of Orono,
Minnesota:
�INDINGS .
� 1. � This application was reviewed as Zoning File #2379. . �
2. The property is located in the RR-lA Zoning District, where 5 acres is the
minimum lot area. The property consists of 30.46 acres.
3. The Planning Commission reviewed this application on June 15, 1998, and
recommended approval on a vote of 7 to 0.
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� G'� � RESOLUTION OF THE CITY COUNCIL
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4. The Planning Commission made the following fmdings of fact:
A. The property meets the minimum lot area requirements for the RR-lA
Zoning District.
B. The existing residence was a farm house constructed in 1900. The
residence was built before the 100' front yard setback requirement.
� C. A variance was previously granted for front yard setback in 1997
(Resolution No. 3989).
D. The proposed porch will not interfere with views from adjacent property
or adversely impact traffic. �
� � 5. The City Council fmds that the conditions e�sting 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 no�t merely
serve as a convenience to the applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
properry right of the applicant; 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
recomtnendations of the Planning Commission, reports by City staff, comments
. by the applicant and the effect of the proposed variance on the health, safety and .
welfare of the community. . � � - �
CONCL�JSIONS, O�ER ANI) CONDITIONS .
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit
amending a front yard setback variance granted in Resolution No. 3989 to include a three
season porch to be located 107' from the center of Watertown Road and approximately 75' from �
the right-of-way boundary where 100' is required. Approval was subject to the following
� conditions:
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'�' RESOLUTION OF THE CITY COUNCIL
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1. 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 yeaz of the date of Council approval, or this variance
will expire on that date (June 22, 1999).
2. 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.
3. The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of herself, her heirs, successors and assigns,
hereby agrees to the recording of this resolution in the chain of title of the
property. �
• � Adopted by the Orono City Council on this 22nd day of June, 1998.
ATTEST:
O�G�?�� _ U,� .
Linda S. Vee, City Clerk Gabrie abbour, May
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Property Owner(s) J / ' �
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STATE OF MINNESOTA ) . , � - �
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COUNTY OF HENNEPIN ) �
The foregoing instrument was acknowledged before me on this 22nd day of June,
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. .
� /IB�nw� �i )
• .t•�. JAMIE L GEMAR Notary fPublic
:�" : NOT�RYPUBU�C-MINNESOTA �J
� �NCWNN
• • WIy ConuMssion 6cPires Jan.31,2000
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��e. - CITY of ORONO.
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'� RESOLUTION OF THE CITY COUNCIL
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STATE OF I�7INNESOTA )
� ) ss.
COUNTY OF HENNEPIN )
On this �,w day of 199�before me a Notary Public within and
for said county, personally ap e •ed ����1� �..`� ,s���'�-��
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.
.
`�,T��,, JAMIE L.GEMAR NOT� PUBLIC
;�� NOTARY PUBLIC-MINNESOTS
• -� ' F�ENNEPIN COUN7Y
' �� My Cot►tt►ds�on Expires Jan.31,2000
�IM�
i STATE OF MINNESOTA ) � � . � :
) ss. .
COUNTY OF HENNEPIN )
On this lo�' day of 199� before me a Notary Public within and
for said county, personally app� ed ��-�--� � -
known to me to be the person(s) described ` w 'o e e uted the foregoing instrument, and
acknowledged that he (they) executed the same as his (their)free act and deed.
��'�• JAMIE L GEMAR � �'
• :�"' r` � NOTARYPUBLIGMINNESOTA
;-- - �: HENNEPIN COUNTY
•-�•�•° My Cammission Fxpires Jan.31,200o NOTA�. PUBLIC _ _
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� DESCRIPT(ON FOR PARCEL "A": RESOLUTION N0. 4104
The south 7 5� acres of the East Quarter of the Northeast Quarter of Sec#ion 31,
7ownship 1'1�, Range 23, Hennepir� County, Min�esota. �
AND
�• That pa�t of �e West Fialf of the East Hait of t�e Northeast G�uarter of said Section 31,
� described asi follows: - �
, Beg�nnmg at the Northwest comer of the south 7.50 acres of the East Qu�r�e� of
� � the Northeas� Quarter of said Section 31; thence north along the.east.line of s�id West .
� Nalf of the E�st Half o€ the No�tt�east Quartsr a distance of 264:�0 feet; thence;West
para11e1 with �he south line of #he Nortf�east Quarte� of said Section 31� a dist�nce of
165.00 feet; t�ence South parallel with the east line of said West Half of the East Ha1f of
� the Northeast Quarter to the centerline of the Watertown Road; ti�ence Southeast�riy
along said centerline to the east line of said West Haff of the.East Half of the Northe�st
Quarter; thence no�th along said line to the paint of beginning. �
� �SCRlPTION FQR PARCEL "B": � .
That part of the south �i 481.46 feet of the West Half of #he East Haff of the Northeast �
Quarter of Section 31, Tawnship���8, Ftange 23, Hennepic� County, Minnesota, th�t ties:
1) East o� #f�e west 33.qQQ feet o# said West Half of the East Half of ti�e Noi#he�.st
Quarte'r. ' •
� 2j Northe�asterly of the centerline af Watertown R��d. EXCEATiNG therefrom tE�at
patt thgreof descr�bed as follows: � � � � �
�eginning at #he Northwest corner of the sou#h 7.50 acre af�rhe �E�sC
� Quarte of the Noctheast Quarter of said Section 31; thence north along the.east
� . line of sa.i�I West Half of th� East NaJf af the Northeast Quarter a distance.af
. . 264.OQ feet; thence west paraIlel with #he south line af the Nor�heas# Quarte� of
said S ction 31, a distance of 7�5.00 feet; thence South par�Uel with the east Eine
of said I1�Vest Ha1f of the East Half of the N�rtheast Quarter to the centerline of tlie� �
� Watert�wn Road; thence Sou#heasterly along said center�ine to the east�line of.
said West Half of the East HaJf of the Northeast Quarter; thence north atong said
I'ine to �he point of beginning. �
. DESCRIPTION F�R PARCEL "C": �
�Vat part of I e East Half of the south 27.50.acres of�the�West Half of the East�Half of
t�ie Nortf�eas� Quarter af S�ction 31, Township 718; Range 23, Henne�ir� Gounty,
, 1�11innesota, that ![es norfh of the south 1081.46 feet of the West Haifi of the Eas� Half of . .
�s�'d Northeasl Quarter. �
f�E,v D .
. That part of ti�e West Quarter of the South 3/8 of sa,c1 Northeast Quarter that lies north
the south 1 i 81.46 feet of the West Haif of the East Half of sald f�ortheast Quarte�.
a
f-�at part of tt�e south 108't.�6 feet of the west 33.�0 feet of #he West Half of tne East
alf of said Northeast Quacter that �ies narther(y of�the center(ine ot Water�own Road.
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