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Home My WebLink About#05-3102 Recorded Resolution 5329II ,, 111111111111 n111 1 1111 Doc No 8819636 06/29/2006 09:43 AM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunn iff, County Recorder TranslD 233306 Deputy 4 , Fees $35 .50 DO $10 .50 SUR $46 .00 Total A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-420(b) FILE NO. 05-3102 CITY of ORONO RESOLUTION OF THE CITY COUNCIL i£ i 9 NO. _________ _ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-420(b) FILE NO. 05-3102 WHEREAS, Jeffrey Sven Gustafson, a single person (hereinafter "the applicant"), represented by Kathryn Alexander, is owner of the property located at 920 Brown Road South within the City of Orono (hereinafter "the City") and legally described as follows: The West 400 feet of the South 110 feet of the North 580.38 feet of the Northwest Quaiier of the Northeast Quarter of Section 10, Township 117, Range 23, except road, Hennepin County, Minnesota (hereinafter "the prope1iy"); (also identified as PINS 10-117-23 12 0002); and WHEREAS, the applicant has submitted an application requesting variances to Municipal Zoning Code Section 78-420(b) to permit the construction of a single family residence on a lot of area 40,385 s.f. (0.93 acre) and width ofl 10 feet where a lot area of 87,120 s.f. (2.0 acres) and width of200' are normally required, and to pem1it such residence structure to be located 20' from the n01ih and south side lot lines where a 30' side setback is normally required. 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 April 18, 2005 and May 16, 2005, at which times all persons desiring to be heard concerning this application were given the opp01iunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was revie.wed as Zoning File #05-3102. 2. The property is located in the RR-lB Rural Residential Zoning District requiring a minimum lot area of 2.0 acres and a minimum lot width of 200 feet for residential development. The property is approximately 0.93 acres in dry buildable area and approximately 110 feet in defined width. Page 1 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 5~2 NO. _______ _ 3. The Planning Commission reviewed the variance application at a public hearing held on April 18, 2005 and reviewed a revised plan on May 16, 2005. Planning Commission subsequently recommended approval of the requested variances for the revised plan by a vote of 5-1 based on the following findings and hardships: a) The property has an existing house and is within the Metropolitan Urban Service Area (MUSA). The applicant has agreed to pay the costs of extension of a pressure sewer line down Brown Road from the existing Webber Hills sewer lateral, and therefore does not need to provide a septic system for the proposed new residence. b) There is no adjacent land available for applicant to acquire to make the prope1iy more conforming in area or width. c) The zoning standards when applied to this prope1iy limit the width of the home and attached garage to 50', which will result in a home that is longer than it is wide, causing a greater visual impact as viewed from the two adjacent homes than is typical in the immediate neighborhood. Allowing side setbacks of 20' instead of the required 30' will result in a house that is better proportioned to fit into the neighborhood, as long as the extent of the encroachment of the side yards is limited to primarily the house in the southerly side yard and the garage on the northerly side yard. This will not create a situation of increased visual density nor be out of character with the neighborhood. The applicant has provided a site plan meeting these goals. 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 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 prope1iy 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 applicant, but is necessaiy to alleviate a demonstrable hardship or difficulty; is necessaiy to preserve a substantial prope1iy right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 4 ' CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 3 2 9 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 78-420(b) to pem1it the constrnction of a single family residence on a lot of area 40,385 s.f. (0.93 acre) and width of 110 feet where a lot area of 87,120 s.f. (2.0 acres) and width of 200' are nonnally required, and to pennit such residence strncture to be located 20' from the north and south side lot lines where a 30' side setback is normally required, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and attached to this resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Auth01ities granted by this resolution rnn with the prope1iy not with the applicant, but are permissive only and must be exercised by obtaining a building pem1it within one year of the date of Council approval, or the variance will expire on that date (June 13, 2006). 3. Violation of or non-compliance with any of the te1ms 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 the applicant and the applicant's heirs, successors and assigns, hei;:ep~ agrees to the recording of this resolution in the chain of title of the property. , .-· -·~:·,,;:•{:r:~;i~~\~~h. . . . .. , :i ,<::,,;/_\\ _;;, '.:.'~tf_ <;'f.'.'}.:2;~¢lopted by the Orono City Council on this 13th day of June, 2005 . ··'1:•\/.)'._':. /:: 'J,iA\~~1{\f ? .. '.·::li ~': ".:£t . r : A?f t rES}r: '; ·. ·: C, 7: '\' : \\,}i 1i{i/;,];~~ - ····-t,iri __ f $?'". e· City Clerk Page 3 of 4 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL 329 NO. ___________ _ The foregoing instrument was acknowledged before me on thisl-L day of~ , 2005 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 The foregoing instrument was acknowledged before me on thii/:l :-~ay of....::::,.~~::::__, 2005 by Linda S . Vee, City Clerk of the City of Orono, a Minnesota municipal co instrument was executed on behalf of the City. RACHEL DODGE NOTARY PUBLIC -MINNESOTA My Commission Expires Jan . 31, 2010 ·-~~~·?'.::"?:t~~~~za.~~~ STATE OF MINNESOTA COUNTY OF HENNEPIN ---f<p__,c.,µ_ C. Notary Public This instrument was acknowledged before me this day of Oc --hl kc , 200s by Jeffrey Sven Gustafson, a single person. DENISE M. LESKINEN NOTARY PUBLIC -MINNESOTA My Commission Expi res Jan. 31, 2010 i,a/44~ Notary Public Page 4 of 4 R 11 B ZONING (2 ACRE MIN.) EXISTING 0.93 ACRE 110 REQUIRES VARIANCE FOR < 200 FT WIDTH SETBACKS FRONT=50 SIDES=30 68.3 41 SOUTH REAR=50 -·-242 --// / --------------~---~ \E~XIST _ HOUSr- \ --,1.,.g':f:,.G ,, ~;:;~ 15-:0RTH I PROPOS5D 0.93 ACRE 110 PROPOSED VARIANCES EXHIBIT A-1 RESOLUTION NO. 5329 2.0 ACRE TO EXISTING 0.93 ACRE LOT WIDTH FROM 200 FEET TO EXISTING 110 FEET SIDE SETBACKS FROM 30 FEET TO 20 FEET .-/// l.LV~· I t· ~ •~~r•· ,. _,. ':J g, ~-~7 .; : ' ,,& ',Ol -,1,i,,i,.· ,_c1.::.2-f1/,~':J~~·,=l===-==:;;;:-;;;c-:;;;:=a:,r/-4i.,c:::..S~~~~--'-~-"~, (Q 1, -~ 'EP_--'5"'; / ----' ""l TC, 0 .6,. '-Oil ' ,J ¼J, ' . \ . '·1 ,,; I 1 __J,,,........ EXISTING ~ -j':\ I . \ ••• I ,>;' I I HOUSE Si) 'sf-I I ~ 7,.,-;;t° --j -j + 'C<.<j/-#920 .\··· .. •···-=-i ~ 9,~ I i , \f' 0/ : 1 _ _J~~z;;::::;;;~~~~~~~==;::§~~~§=~~~~~=ii-,~iil~~o::--f-6-----fr;;.ff-r;t7i~G-~~r'--'-'-r~---,U_ / . -/ 0)/ Oi'f ./ '\ 9o<o / "" POND 0 SF 0 30 60 90 SCALE FEET i-gg'l,'j = EXISTING SPOT ELEV A TION. X(998.O) = PROPOSED SPOT ELEVATION ...,c-···.,., = DIRECTION SURFACE DRAINAGE (0%) PROJECT NO. 75-250 ·, + 21825SF / 0.50 AC ,( E;(ISTl~IG HOUSE #930 \ HC HOUSE IS 7.1 % OF TOT AL LOT AREA BUILDING PERMIT SURVE✓Y FRANCIS RESIDENCE forSTONEWOOD DESIGN / ADDRESS = 920 BROWN ROAD S. PID#10-117-23-12-0002 LOT AREA = 40400 SF/ 0.93 AC SfJf\ Land Frank R. Cardarelle Surveyor 6440 FL YING CLOUD DRIVE EDEN PRAIRIE, MN. 55344 952-941-3031 ------·----- I I I ! ~ I I I 1,l_ __ ---f_l,j------- EXHIBIT A-2 RESOLUTION NO. 5329 ll I 11 I s &OFB 1•!1 1', !1llli !!II !dill 1'11 ii !dill ,111 !dill N\ <.JI I,, .q '11'11 ! h STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed Deputy 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 June 13, 2005, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such Deputy City Clerk and the Corporate seal of the City this 1C/"fr-day of </----GLl"--L , 2006 Deputy City Clerk '/