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Home My WebLink AboutResolution 3989 _. �� O� : O O �b. - CITY of ORONO � � � � � . �� '�' RESOLUTION OF THE CITY COUNCIL ' • �`9$ESHOg'� NO. f�R � � � � � . A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 5(B), . FILE NO. #2304 WHEREAS, Deborah Sholl (hereinafter "the applicant") is the owner of the property located at 4100 Watertown Road within the City of Orono (hereinafter "the City") and legally described as follows: see Exhibit A for the legal description of the property (hereinafter "the property"); and � WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.27, Subdivision 5(B) to permit the construction of an attached garage • � and additional living space addition to the rear of the existing residence. ' NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #2304. 2. The property is located in the RR-lA Single Family Rural Residential Zoning � District requiring five acres in area. The property consists of 1,326,837 s.f. or 30.46 acres. • 3. The Orono Planning Commission reviewed this application on October 20, 1997 and recommended approval of the proposed variance based upon the following ' � findings: 1. The existing residence is located entirely within the required 100' front setback as measured from the edge of the street. . • � Page 1 of 5 � o� 0 0 � �b� - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL • � . �`�k'Esxo4`� rvo. ��R � � � . 2. The proposed addition would not fizrther encroach on the required front setback requirement. 3. Watertown Road is unplatted. The front properry line follows the center line of the street. The existing residence is 86' from the center of the street and 55' from the edge of the pavement. The required 100' front setback is measured from the edge of the street. 4. The City Council finds 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 variances would not adversely affect tr�c 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. 5. 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 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 variance to Municipal Zoning Code Section 10.27, Subdivision 5(B) to allow a front setback variance of 5' to permit the construction of an attached garage and living space to the ° rear of the existing residence located 95' from the edge of the street where 100' is required and 55' is existing. Approval was subject to the following conditions: 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 (October 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 � Page 2 of 5 . � °� 0 0 � b. - � C ITY of ORONO � � ti �� G�' RESOLUTION OF THE CITY COUNCiL • � L�kESH�� NO. � � � � 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 agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of October, 1997. . � AT ST: /� , � � • Dorothy M. n, City Clerk . Gabrie Jabbour, Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of October, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City ' of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . . ,--.,.�;,'`-,�- .. ° '"'• JAMIE L.GEMAR �V'' r` • NOTARY Pt�8L4C-MINNESOTA .-� , , �N��Hry Not Public •,..r'' My►Corro�sion�tres,�n.31,ZOOo • . Page 3 of 5 , . � O� O O � �e_ - � CITY of ORONO - � � ti �� G�' RESOLUTION OF THE CITY COUNCIL ' . � �kESHOg' ; � � NO. i� � � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � On this�day of Q�(+�� , 199�before me a Notary Public within and for said county, personally appeared 7Z�� /�7.�/��,�J,�� 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. � �;��, :�„_:; JAMIE L GEMAR �� :�; Nor�wy►��i�,rou�M T� NOT � PUBLIC � `�Q� �,/��ry��y .• ��MI�{� �rv�IHINJ�'�T•`v�r�u1�({�{IV . STATE OF MINNESOTA_ ) � ) ss. COUNTY OF HENNEPIN ) On this��h day of �'�be.- , 199'1 before me a Notary Public within and for said counry, personally appeared e --�. s n�, rr�'�� , known to me to be the person(s) described in and who executed the foregoing instrurnent,and acknowledged that he (they) executed the same as his (their) free act and deed. �.�.`,':r;, CAROLE A HASEMAN � NOTARYPUBLlC-MINNESOTA NOTARY PUBLIC � '' '' HE�INEPiN COUNTY . • `,•••'� My Cammt�sl�Fxpires Jan.31,2�U0 • Pa e4of5 g � . � . . � ._... � O� .. O � O � �b. - CITY of ORONO - � � ti ��L �G'�' RESOLUTION OF THE CITY COUNCIL .� � `�kEsxo�`' . rva � 9 � 9 PF70I'ERTY nFSCRIP710N OF RLCORD/�S SUPPLIE.D BY FFWJK NOKESH IN 19B8: PARCEI 1: Tho south 7.50 acres af the Eazt Ouarter ot Ihe Northeazt Ouarter of ' /j' Section 31,ToMnship 118 North,Range 23,West of Ihn Slh Principal Merldlan,and Ihyt _ ��,�'� � .part ol the East Half ol tha south 27.50 acres ol lho Wast�Halt o(Ihe East Half of lhe Nort�eazt Ouarter lying nort�of the Watertown Road dascribed az: Beginning al ihe . ` Northwest caner ol the south 7.50 acres o(the East Qiwrter o(Ihe Northeast QuaAer of' sald Seciton 31;thenee North along Iha Eas!lina of eald Eazt Half d the South 27S � . aues ol the Wesl Hnll of the East Hall ol lho Nohh9asl Quarter a tlistance o1264,00 feet; Ihenco West parallel with lha noM line ol Ihe Souih 7,SQ acres of the Eazt Ouarter ol tho � � Nonheast Quarter a distence o1165.001ea;thenca Saulh parallel wilh the aforamanlionad East line to the centerN�e o(Walenown Road;ther�ce Sautheaslerry along said canterline � • to il's Intersaction wilh IAe Wast line ol the south 7.50 acres of the East Quarter of the ' � ' Northeazl Ouarter,thence North along said line to Ihe point of beglnning,according to Ihe ' . United Stales Government Survey Ihereof and siluated.in Heruiepin County,Minnesota. i ' PARCEL 2: The West Ouarter of Ihe South 3!8 0l Ihe NoRheast Ouanor ol t�e NoMeast Quarter,and Ihat pan W Iha West Ouartar of the Soylheast�uaAer ol Ihe Nartheast Quartar tying noM ol lha centerlina of tha Minneapolis�d Watertown Road,In Saclion 31,Township 118,Rango 23, i EXCEPT,That part ol the Wesl one-lourth ol Ihe Southeast OuaAer of the NoAheast Quaher, Soction 31, Township 118, fiango 29, deycribed as commancing at Ihe inlorsection ol lhe centerlina ol Ihn Walcrtown Road wilh a Hne 35 leet west ol,measured ' at right anglas,to and parallal wilh Iho east line of:aid West one-lourth of tha Soulheast . � Ouarter ol the Nartheasl Ouarter,Ihonce North,paralle�wilh satd Easl Iina,a distanca ot 135 leut;Ihence East,at righl angles,a dislance at 3�i leet to lhe point of beginning; thence Wast,al righl anglas to u�a East lina,a d(s!anc�0170 foet;Ihence South patallel � • • with said East Ilne, to the canterlino ol svd ro:ul;lhence Southeastarty along sa)d cenler6ne,to tha East lina:Ihence NoAh,along said Easl Iina to!he polnl of beginnfng, xcording to the Unilod Stales Governmenl Survey Ihoreol and siluated In Hennepn Counry,Minnesota. PARCEL 3: Thal part ol the Easl Hall ol Ihe soulh 27i50 xres oi Iha West Half ol Iha East Hall ol the Norlheasl Ouanar rying north ol the Minneapolis and Watartown Raad deuribod as beginning al the Northwest cwner ol Ne south 7.50 aeres ol the Eazt . OuaAer of the NoAheazl Ouarter ol Saclion 31,Towns�ip 118,Range 23;thence NaM • along lhe easl Gna ot said East Hall ol lhe south 27.50 acres ot Ihe West Hal�of the Eazt , ' . Half ol lhe Northeast Ouarter a distanco ol 264.00 leel to the actual poMt of beginMng . . � of IanC to bo described;Ihenca continuing North along the east Une o(said Easl Half ol tna south 27.50 acres ol lhe West Hall of Ihe East Hai�ol the Northeazt Quarter lo Ihe Narthoasl cwner thereof;Ihence West aiong Ihe naAh Gna ol the soulh 27.50 aues lo lha . Wasl Il�e ol lhu East Haif ol Ihe Nonheazt Quarter,Ihence Southerly on IAe wesl lina ot � Ihn East Haif ol lhe Narlheast Ouarter of the centarlina ol Ihe Minneapalis and Watanown Raad;thence Soulheasterry alon9 said centerline to iLS intersectian wlth a Ifne drewn 165.00 leet wesl ol Ihe west Iine of tha sauth 7.�acres of Ihe East Ouarter of tha Northeast Ouarter,thence Nortti parallel wilh and 1GS.00 leal west ot Iha wast Iina of sald south 7.50 acres,616.98 laet to a poinl 165.00 leet wasl ol the actual point ol beglnning; thence East 765.00 faet to tha actual point d beglnnln�,accordirg to Ihe United States . Government Survay Ihereof end situaled fn Henncain Counry,Minnesota. . PARCEL 4: Thal part of the West one-founh of Iha Siutheast Ouarter of�ha Northeast Ouartar, Sectlon 31, Township 118, Range 23, descnbed a5 commenctng al tha � � interseclion ot the centerline al the Walertown Road tvilli a line 35 leet west of,measured • ' a1 riyht angles lo,and parallel with the East lino ol;a�:d 1Ves1 ono-lounh of lho Soul�east � � Ouaner ol the Northeasl Ouarter;thencn North,pa.�llel wilh said Eact line,a distanca ol � � 195 Ieul;thence Easl,al dghl angtes,a distance nl�i;ct::olln;pulnt u1�LeyinfGng:'• . • ' ' ' Ihence Wesl,at right arx�les to said East line,n die'x�ce nf 7Q feot;Ilionce Snuth��•a!le� wilh saiJ[ast Ilne,to ina centarhna cf x?d roa�,Ihenca Soulhea5ledy,a�ong Said • � centerlino,to eatC East line;Ihenca North,along:a:i Enst line,to the point ol beginNng, ' accarding to thn Uniled States Government Surve/thereof,and situated In Hannepin . Counry,Minnewta. • _ ._