The URL can be used to link to this page

Home My WebLink About#08-3371 EXPIRED Resolution 5762CITY of ORONO RESOLUTION oF T~f'lzcouNCIL NO. ______ _ A RESOLUTION GRANTING AV ARIANCE TO MUNICIPAL ZONING CODE SECTION 78-420 FILE NO. 08-3371 . WHEREAS, Joel A. Gerber and P. Chris Gerber, husband and wife, (hereinafter "Owners") are the owners of the property located at 1295 Briar Street within the City of Orono (hereinafter "City") and legally described as: The South half of Lot 6 and all of Lot 7, Block 3, CRYSTAL BAY MINNETONKA, Also: That part of the Northeast Quarter · of the Southwest Quarter of Section 10, Township 117 North, Range 23 West of the 5th Principal Meridian described as follows: Beginning at a point on the West line of said Northeast Quarter of the Southwest Quarter, 645.625 feet North of the southwest comer thereof; thence North 58.3 feet; thence East 208 feet; thence South 58.3 feet; thence West 208 feet to the point of beginning, all in Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, the Owners have made application to the City for a variance to Municipal Zoning Code Section 78-420 to allow a seven foot by ten foot two-story entry addition with a 33.8 foot front setback when the existing setback is 37.1 feet and the required setback is 50 feet; 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 July 21, 2008, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #08-3371. 2. The Property is located in the RR-lB zoning district, where 2 acres is the Page 1 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL . NO. 5 7 6 2 minimum lot area and 200 feet is the minimum lot width. The Property is approximately 0.46 acre (including road) in area and 128 feet in width. 3. The Planning Commission reviewed this application on July 21, 2008 and on a vote of 7 -0 recommended approval of the variance, based on the following findings: a. The Property is less than one fourth the minimum size for the zoning district. b. The addition would be compatible with the surrounding area. c. The addition would allow reasonable use of the property. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Owners but are necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owners; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-420 to allow construction of a seven foot by 10 foot two- story entry addition with a 33.8 foot front setback when the required setback is 50 feet, subject to the following conditions: 1. Council approval is based on the site and house plans submitted by the Owners Page 2 of 4 CITY of ORONO RESOLUTION OF T~7c~r 2 COUNCIL NO. _______ _ and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to these plans may require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the Property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new constrnction before July 28, 2009 or the variance will expire on that date. 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 Owners have read, understand and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 28th day of July, 2008. ATTEST: Linda S. Vee, City Clerk es M . White, Mayor Joel A. Gerber P . Chris Gerber Page 3 of 4 CITY of ORONO RESOLUTION OF THE cv~ c2oUNCIL NO. 5 · STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this __ day of _____ _ 2008 by Joel A. Gerber, husband of P. Chris Gerber. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this __ day of 2008 by P. Chris Gerber, wife of Joel A. Gerber. Notary Public Page 4 of 4 ------ ZONING FILE NO. 08-3343 EXHIBIT A RESOLUTION NO. _ ____:$._] 6 2 .---------------... • gj;. .__...·'' : 1', i .... "' •la°• ; ...... _ CERr. iF:ICATE _OF _SU.n_i.EY .. \ ' i (~VG$t, :~ -.. 208. 00··- \_ I \ J I 'ti. \ ."-""~, ___ _ ( 1 jl i l I I \\ .. ''. 4'.. ...~· ~ ( ,t, I-··· 1 PC ExhibitE ZONING FILE NO. 08-3343 EXHIBIT B-\ 1ASTER EDROOM :::i:::::::r=·-~::·_:_-:::::_·-:.:::;: ·l r r I • I ! ··? ~--J' -\C,' --~-J- ~.b_/2 :•'-.!' I i i ' I' I 5i .. lOWER . I .~, ! :1 -i---~ i :..INEN B.ATl-4 I l r \ ·-L .... ---·-·--···-·--·-··--·-· t__~_-_-_-_-:_-_jt::-=::::::::1"':..:._-:_:._-:_:_~_1 , I I l 10·-0· RESOLUTION NO. __ 5_7_6 2 PC Exhibit F 69 2ND FLOOR 5CH~'.:f. 'A' I I . I i\\l ~~ l i \ D I-lo □ i-·-----. \ .. \-~-\ I ST +LOOK \ \ D DD I .\ -- J / ., i 1---· __ :···_·1 ' ',, ',,' ZONING FILE NO. 08-3343 EXHIBIT B-7-5 7 6 2 RESOLUTION NO. __ I I ~ _," @ ~,~ I E E 1 ~ E ~) '" I I i : ---+- ' [I [ll [ll ' ;,1: ., •.. I I : I ' - G) ELEVATIONSCt-1~~~ 1,A 1 A RESOLUTION GRANTING AV ARIANCE TO MUNICIPAL ZONING CODE SECTION 78-420 FILE NO. 08-3371 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on July 28, 2008, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 29 th day of July , 2008 . City Clerk (seal)