HomeMy WebLinkAboutResolution 3906 �*. _
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'� RESOLUTION OF THE CITY COUNCIL
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. A RESOLUTION GRANTING VARIANCES
�• TO MITNICIPAL ZO1vING CODE .
SECTION 10.28, SUBDIVISION 5
FILE NO. 2232
Wi�REAS, Woodsmith, Ltd. acting on behalf of Allegra and Paul Parker
(hereinafter "the applicants") while Allegra and Paul Parker are the owners of the property
located at 1520 Fox Street within the City of Orono (hereinafter "the City") and legally
described as follows:
See attached Exhibit A - Survey for Vince Smith as prepared by Advance
Surveying & Engineering Company as revised 2/12/97 (hereinafter "the
praperty���� �d , .
� WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.28, Subdivision 5 to permit an addition to an existing residence for
a master suite. A side yard variance is required to allow an 18.6' side yard for an addition to
the master bedroom/bathroom suite where 18.6' is existing and 30' is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2232.
2. The property is located in the RR-1B, One Family Lakeshore Residential Zoning
� District where the minimum lot area requirement is two acres. ,
3. The Orono Planning Commission reviewed this application on May 19, 1997 and
recommended approval of the proposed variance(s) based upon the following
unique findings and hardships: $ � ' �
A. The lot conforms to the minimum lot size requirements .for the RR-1B �
Zoning District. �
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B. The existing residence encroaches into the required 30' side yard setback �
11.6'.
C. The proposed addition does not further increase the encroachment but
will also be 18.4' from the side property line.
D. Fox Street is considered the front of the property although the front of
the structure faces a private road.
E. The lot is an unusual shape.
I'. No negative comments have been received from adjacent property
owners.
• 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 tr�c conditions, light, air nor
pose a fire hazard or other danger to neighboring properry; 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 fmdings 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 a side yard variance per Municipal Zoning Code Section 10.28, Subdivision 5 to permit
an addition to an existing residence for a master suite, subject to the following conditions:
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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 year of the date of Council approval, or this variance
will expire on that date (May 27, 1998).
2. 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. �
3. 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 agrees to the recording of this resolution in the Chain of Title
of the property.
• . Adopted by the City Council of the City of Orono, IVlinnesota at a regular
meeting held on the 27th day of May, 1997. ,
�TTEST: �
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DG�y�� S� V�� C�y�Clerk Gabriel bbour, Mayor �
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Property Owner (s) . � �
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STATE OF NIINNESOTA ) �
. � ) ss.
COUNTY OF HENNEPIN )
The.foregoing insytrum�en�t w�as��owledged be�fore �ne on this 27th day of May,
1997 by Gabriel Jabbour and E►e�A�-�l�i, Mayor and �Gxlerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
�� °^�• . JAN91E L.GEMAR
�"'..` •� NOTARY P1J�MC-MlNNESOU �
' • FIB+M�fPIN C�MN'iY
� • N�r������ No ublic
STATE OF MINNESOTA )
� ) ss.
. COUNTY OF HENNEPIN ) : . .
On this � day of 1997 before me a Notary Public within
and for said county, personally appear
known to me to be the person(s) described in and who executed the foregoing instiument, and �
acknowledged that he (they) executed the same as his (their) free act and�deed.
� �
, ." , JAMIE L GEMAR .
r�° � • ����NESOTA !,}/1'it�c�e�
• My Commts�on E�res,�►.�t,200o NO Y PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) � . � . .
� On this /� day of �o� , 199$ before me a Notary Public within
and for said county, personally appeared �//P q/�Q ��'��er, �yy�a��+ieo� ,
lrnown to me to be the person(s) described in and who executed the foregoirig instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed. ,
. ••. LINDA S.VEt • ��,� o �/��.
:"„- ''' • r{QT�pY PU$L�C-MINNESOTA �- k // /'
. • � ;- : HENNEPINCOUNTY �/
'•,...•� My Canmission FxPj��an.31,2000 NOTARY PUBLIC
�
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'�' RESOLUTION OF THE CITY COUNCIL
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LEGAL DESCRIPTION: �
That part of the Southwest Quarter of Section 2,Township 117, Range 23, Hennepin County, Minnesota,described
as follows: Commencing at the Northeast corner of the Southwest Quarter of said Southwest Quarter of said Section
2;�hereinafter designated as the initial point of beginning;thence South along the East line of said Southwest Quarter
. of the Southwest Quarter a distance of 434.3 feet; thence Northwesterly deflecting 101 degrees 43 minutes to the
right from the last described course a distance of 182.feet; thence Northwesterly on a tangential curve to the right
with a radius of 4687.5 feet a distance of 60 feet; thence Northwesterly on a tangential curve to the right tivith a
radius of 222.45 feet a distance of 200 feet; thence Nbrtherly on a tangential curve to the right with a rauius of
237.56 feet a distance of 175 feet; thence Northerly on a tangential curve to the right with a radius of 527.42 feet a
distance of 50 feet; thence Northeasterly on a line tangent to the last described curve a distance of 62.55 feet to a
point in the South line of the Northwest Quarter of said Southwest Quarter of Section 2, distant 360 feet V►'est of
said initial point of beginning, which point is the actual point of beginning of the premises described herein; �hence
Northeasterly continuing on an extension of the last described course a distance of 48.55 feet; thence Northerly on a
tangential curve to the left with a radius of 181.4 feet a distance of 100 feet; thence Northwesterly on a tangential
. •curve to the left with a radius of 283.7 feet a distance of 125 feet; thence Northwesterly.on a line tangent to tae last �
described curve a distance of 267.4 feet; thence Northwesterly deflecting 2 degrees 23 minutes to the left from last
described course, a distance of 169.3 feet; thence Northwesterly and Westerly on a tangential curve to the left with a
radius of 61.13 feet, a distance of 64.62 feet, more or less, to a point in the West line of the East Half c►f said
� Northwest Quarter of the Southwest Quarter of Section 2 after taking from said Northwest Quarter of the Soutliwest
.Quarter of Section 2 the highway upon its Easterly side which point is 636.66 feet North of the Southwest.coitiier of
said East Half of said Northwest Quarter of the Southwest Quarter of Section 2 after so taking said highwa�� upon
said Easterly side of said East Half; thence South along the West line of said East Half, so ascertained after taking
said highway, a distance of 636.66 feet to the SoutY�west corner of said East Half of said Northwest Quarter'of the
Southwest Quarter of Section 2 after taking from said Northwest Quarter of the Southwest Quarter of Sectiori 2 the
highway upon its Easterly side as aforesaid; thence East along the South line of said Northwest Quarter of the
Southwest Quarter of Section 2 to said actual point of beginning. Subject to road easement along the South:;3 feet
thereof and subject to and together with an easement for right of way for driveway purposes over a strip c�f land
. along the Northerly and Easterly boundary lines of the premises above described extending generally Northeri,y from
said actual point of beginning to said West line of the East Half of the Northwest Quarter of the Southwest C�uarter �
of Section 2 after taking from said Northwest Quarter of the Southwest Quarter of Section 2 the highway ul�on its
� Easterly side, said strip of land subject to said easement being 16 feet wide, 8 feet on each side of the line formin�
the Northerly and Easterly boundary of the premises aforedescribed;
EXCEPT that part of said above described property lying Westerly of the following described line and its Nc�rtherly
extension: .
Commencing t the Southwest corner of the Northwest Quarter of the Southwest Quarter of Section 2, To�vnsliip
• 117, Range 2�, Hennepin County, Minnesota; thence East along the South line of said Northwest Quarter of the
Southwest Quarter a distance of 732 feet to the point of beginning of the line being described; thence deflec!ing left
� 100 dzgrees 50 minutes a distance of 32Q feet; tiience ae:lr.c:t;r.b right �:2 u'c:�.*ree� i5 771i2,Jt�5 tU tl��: �`TQrtl�,asterty � � �
line of said above described'property,ar�d there ending.. . � " '-'•