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Home My WebLink About#2851 Resolution 4897,, \ CITY of ORONO: RESOLUTION OF THE CITY COUNCIL NO. 4 8 9 '1 A RESOLUTION GRANTING VARIANCE TO l\'IUNICIP AL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B), FILE NO. 02-2851 \VHEREAS, Kevin Curley and Wendy Kellett, husband and wife, (hereinafter "the applicants") are the owners of the property located at 1291 Briar Street within the City of Orono (hereinafter "the City") and legally described as follows: Lots 4, 5, and 6, Block 3, "Crystal Bay Minnetonka", Hennepin County, Minnesota, (hereinafter "the property"); and \VHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow construction of a front porch to the existing house to be 22.4' from the front lot line where 50' is required and 24.8' from the side lot line where 30' is required in the RR-lB zoning district; and ,VHEREAS, 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 November 18, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NO\V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #02-2851. 2. The property is located in the RR-lB Zoning District, where 2.0 acres is the minimum required lot area. The property consists of approximately 0.40 acres. 3. The Orono Planning Commission reviewed this application on November 18, 2002 and recommended approval by a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: Page 1 of 6 CITY of ORONO: RESOLUTION OF THE CITY COUNCIL 4 8 n '7 NO. v ~ A. The existing residence was built in 1912, prior to city adoption of the current 2 acre zoning standards. B. The hardship is the existing house location in relation to front and street lot lines. C. The hardcover in the 500-1000' setback zone is well below the allowed 35%. D. Lot coverage by structures will be 9.8%, well below the 15% limit. E. The front porch is in character with the neighborhood. 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 will 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. 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 variances 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 a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow construction of a front porch to the existing house to be 22.4' from the front lot line where 50' is required and 24.8' from the side lot line where 30' is required in the RR-lB zoning district. Approval is subject to the following conditions: Page 2 of 6 CITY of ORONO: RESOLUTION OF THE CITY COUNCIL NO. 4 8 9 ~t 1. Council approval is based on the site plan submitted by the applicant 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 these variances will expire on that date (November 25, 2003). 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 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. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 25th day of November, 2002. ATTEST: Page 3 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO: RESOLUTION OF THE CITY COUNCIL NO. 4 8 9 ~ The foregoing instrument was acknowledged before me on this 25th day ofNovember, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN ALISSA A. WINTERNHEIMER NOTARY PUBLIC· MINNESOTA ~ My Commission Expir.:s Jan. 31, 2006 \: >=.=====·-,;,,,,,,,..,., ,,,,.,,,,,,,•\.>~,,.~•:'.:._......""•<,=:cz?...-_!.,~~~"8~ .' -1{) 1J-e (JU'1/\ rc,;2/) The foregoing instrument was acknowledged before me on this d.. t day of~ber, 2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. · /~ RACHELDODGE ' (?·.,.· ,::) NOT.~;wrnf.lLIC•l\l!NNE'.'OTA \ -· _. / My Ccm:ni;.siJn Expires Jan. 3'1, 2005 STATE OF MINNESOTA COUNTY OF HENNEPIN I - 0 h . r1t10d f n--. ··)/·i(,2002 n t 1s <f ay o J _i: cu-, · , , appeared before me, __ who is personally known to me Q~µ_,,L ()oct,~ Notary Public. ~ _ _..__ whose identity I proved on the basis of~1_\~\~\\~f=)_L ___________ _ __ whose identity I proved on the oath/affirmation of ___________ _, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 4 of 6 t>'I ~ of: <~l(-.E'Stl-0~~ STATE INNESOTA COUNTY OF HENNEPIN f\ci •r On this 2, day of [t,C,t'Yr"bc, 2002, appeared before me, __ who is personally known to me CITY of ORONO RESOLUTION OF THE Cll.Y COUNCIL NO. 4 ~ 91 (Vl{Lyr,eof CU .. ..e.tnct Lj ,<e I (( -1--f.· r personally _) __i_ whose identity I proved on the basis of--'/_,:Y)__u.,;N__,P:::......:.L ___________ _ __ whose identity I proved on the oath/affirmation of ___________ , a credible witness and. who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 5 of 6 ~~ ,_,p7 ! ... -:-........ ., .. ... l ◄0.0-:" ft ; [ '-,;~ f ~ "_-, .. , r-~· =~ :m ui,..o• ·:I ··-:1~ < -1,j . ..., ,.0 •.-1 ~ µ:1 ti• ':ff .. ~ t ~n i ii . ... :!. ,,_ ... -: ..:,-;_ .... .. .., C • c., -V• .... ~ z~ i t: ~i 4D.~ 11~ • • ••&•;:' -•• • • ·~-· -, ~ , f :.,.·;st;•, n • .,u i ~ ~ . '•\ f~ ., --:.:.......J,'C,· ,: .. V l ... G] : Z.'-1 x'l. ·-. ~ . .r;\" • 1, \I %&.4' '°' /,,Alt.Ni<=. r t. ; ... ~-~-....... --~_,_ .......... ~--1. ••••••• 1··-l Ll:.:Ll ~ z z . ., : --··· ....... ,, ---.':. ! i :r,,.c' ····· ... · ... 0 C ~ •••• J1.-~,,+ ;;,.~ ,.;." !..~+ ; , Pl.~ 3 Cr1,,., ~~1 , ,.,~.,. .. :r:, ... t~ r.,. ii.i,• ! ; t~Tf}:~~~~;•;~t{~ .. ! l. :;:;• H•:;.oo \ --~ --,·i CliY OF ORONO i ; 2 S!7~ F;_!;.N __ GRt.Lf!NG PU.N ~;'.,.r~ROV::::J -c.~R"'IC.€ = APPnov::u '!,'!TH REiiSIONS :: c:s.;=>c. 0~~ BY_....._="""'Ol/'w,:,.,--"'°"===-DATE ___ 8-'Z.2.-"r.> 0 0 In !:! ·NE ~c:-'" ct't \..•t ~-f:sl:,~ + ., V I.. .... l/) ~ .g /:1:i ::,, c..,.,.,-, ... , G""1• r-:,irl9r.+onX.,. YJ :ro, u OROND COPY Certificate of Survey for Kevin Curley ln Lots 4, 5, & 6, Block 3, Crystal Bay Minnetonka Henne:iin County, Mlnneso-..a I hereby certify that this is a true and cor- rect representation of·a survey of the bound- a~1es of Lots 4 ands. Block 3, Crystal Bay rq,nn~!onka, c!SO flcrt:i l/r. of Lot 6, Block 3, Crystal Bay, Minnetonka described as follows: 3eginning at the northeast corner of said Lot 6; :r.ence south 25 fee-..; thence westerly parallel ~:i th the north J lm· of said Lot 6 -..o the west line therecf; thence north to the northwest corner of sai~ Lot 6: thence easterly to the point of beginning, and of the location of all existing buildings, if any. thereon. It ooes not purport to show any otMr improvements or encroachments. 'CC-:'!'! r; & G?.0r;s~RG. 11::. ~ ./ /4,/.-,.-- l·iarl: S. Gronoerg Mi:. u:?'uo. i2i55 GorC:on P.. Coffin I-ii:. Lie. Ne;. 6064 Engineers. LanG Surv-eyro5. Palnners Long Lake. Minnesota 5:ale: De:.;; ~ i inch = 20 f~~: z:o,·ezr.:Js:-~ 1 . 19Si 1 ron raar~er i',:-Un1 !ron r.;ari,;,~r 5.::_ ! '° 4-1 0 '° (I) -~ ~ p. h~ 00 C'1 ~