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Home My WebLink AboutResolution 3947 _ Y v 0 O = CITY of ORONO v �Z � RESOLUTION OF THE CITY COUNCIL zi NO. 3947 n0 rd -� � 01:41 A RESOLUTION GRANTING \� VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 27 AND SECTION 10.28, SUBDIVISION 5(B) FILE #2268 (rtQ#r0 WHEREAS, Robert T. Callan (hereinafter "the applicant") is owner of the property located at 2995 Deer Run Trail within the City of Orono (hereinafter "City") and legally described as follows: Lot 6, Block 4, Old Crystal Bay Road Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.03, Subdivision 27 and 10.28, Subdivision 5(B) to permit the construction of a new single family residence to be located 45' from the defined front lot line of a back lot where the front yard setback normally required is 150% of the RR-IB 50' standard, or 75'. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2268. 2. The property is located in the RR-1B, Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 21, 1997, and recommended approval of the proposed variance based upon the following findings: Page 1 of 5 ,�O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ��9kE S H� NO. 3947 � A. The property was originally platted as a back lot because it does not directly abut a private or public road and gains access via a 30' outlot leading from the cul-de-sac to the east line of the property. B. By definition, the east line of the property is the front lot line. By definition, and per the back lot requirements, the setback from the easterly lot line for this property is 75'. C. Due to the orientation of the adjacent residence to the east and the orientation of the proposed house, the lot line in question will function as a side lot line for both the front lot and back lot. Therefore there is a diminished need for the expanded setback as defined in the code, since the expanded setback requirement was intended in part to mitigate adjacency of dissimilar yards. D. Applicant proposes to orient his home the same direction as the adjacent homes to the east, hence it would be appropriate to consider the east lot line as a side lot line. E. The lot meets all other required back lot standards. F. Granting of the variance will avoid the need to excavate into the knoll on the west side of the property. G. The proposed 45' east lot line setback meets the separation intent of the back lot ordinance in that 45' is 150% of the normal 30' side yard requirement for the RR-IB zone. 4. The City Council has considered this application including the findings and recommendations 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. 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 Page 2 of 5 0 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL 19�SHpg�i NO. 3 0 4 -f 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; 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 variances to Municipal Zoning Code Sections 10.03, Subdivision 27 and 10.28, Subdivision 5(B) to permit the construction of a new single family residence to be located 45' from the easterly or defined front lot line where 150% of the RR-1B 50' front setback, or 75, is normally required, subject to the following conditions: 1. Applicant shall orient the proposed residence with the front facing northerly and the side facing easterly, to match other homes on the south side of Deer Run Trail. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (August 25, 1998). 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 0 0 CITYof ORONO ti RESOLUTION OF THE CITY COUNCIL ��9kE II�4�G NO. 3947 S Adopted by the Orono City Council on this 25th day of August, 1997. A ST: orothy M. llin, City Clerk 4Gabrieabbour, Mayo P� perty Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of August, 1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A.WEMAN NOTARY PUBL"INNESOTA Notary Public HENNEPIN COUNTY My Commission Expires Jan.31,2r►00 . t u- atm• - Page 4 of 5 "IM CITY of ORONO RESOLUTION OF THE CITY COUNCIL l NO. 394 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this T fh day of 199 , before me a Notary Public within and for said County, personally appeared ,;.,, 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. CAROIE A HASEMAN NOTARY PUBLIC-MINNESOTA HENINEPINCOUNTY ,- •••• My Commission Expires Jan.31,2x00 Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this " day of , 199 , before me a Notary Public within and for said County, personally appeared " 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. WNO-a- NanolC U LINDA S.VEE Notary Public NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan.31,2000 Page 5 of 5 3947 RESOLUTION # STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Linda S. Vee, Deputy Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on August 25 , 19 97, and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 28th day of August , 19 97 Linda S. Vee, Deputy Clerk (SEAL)