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Home My WebLink About#01-2681 Recorded Resolution 4664CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 6 4 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B), FILE NO. 01-2681 WHEREAS, Roger A. Day, (hereinafter "the applicant") is the owner of the property located at 1205 Brown Road South within the City of Orono (hereinafter "the City") and legally described as follows: Lot 1, Block 1, Maxwell 's Addition to Crystal Bay Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances.to Municipal Zoning Cod e Section 10 .28, Subdivision 5 (B) to permit a 16' X 6' residential kitchen addition to the rear of the existing residence located 20' from Lakeview Avenue where 50' is required and a 22' setback to the side property line where 50' is required; and Section 10 .28 , Subdivision 5 (B) to permit a 12' x 6' porch to the front of the existing residence located 23.2' from Lakeview Avenue where 50' is 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 June 18, 2001, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #01-2681. 2. The property is located in the RR-1 B, Single Family Rural Residential Zoning District. 3 . The Orono Planning Commission reviewed this application on June 18 , 2001 and recommended approval by a vote of 7 to 0 . Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 ft 111: 4. The Planning Commission made the following findings of fact: A. The property was developed in 1953 prior to the adoption of the zoning ordinance. B. The existing house is located 3.5' and 6.85' from Lakeview Avenue and 8.5' and 9.2' from the side lot line. C. The setbacks on the property leave a minimal building pad that could not be used for additions to the existing structure. · D. The property is located in the Crystal Bay neighborhood where most lots are similar in size and dimension to the applicant's property. E. A platted, but undeveloped, alley is located immediately east of the property. The City of Orono has no intention to open the alley for construction of a public right-of-way. F. The height of the house will not be increased by the proposed addition. 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 variances will 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. 6. 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. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 6 4 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 10.28, Subdivision 5 (B) to permit a 16' X 6' kitchen addition to the rear of the existing residence located 20' from Lakeview Avenue where 50' is required and a 22' setback to the side property line where 50' is required; and Section 10.28, Subdivision 5 (B) to permit a 12' x 6' porch to the front of the existing residence located 23.2' from Lakeview Avenue where 50' is required. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require fmiher Planning Commission and City Council review. 2. Authorities granted by the variances 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 these variances will expire on that date (June 25, 2002). 3. Violation of or non-compliance with any of the terms and conditions of the variances 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 and owners have read, understand 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 15th day of June, 2001. Page 3 of 5 ATTEST: Linda S. Vee, City Clerk ,0 fV/4(~ ~ner STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 6 4 Property Ow~er The foregoing instrument vvas acknowledged before me on this 25th day of June, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. e RACHEL DODGE NOTARY Pl.a.IC• MINNE~OTA ~Commission Expires Jan. 31, 2005 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary Public On this , ;),Lo --l-h day of ~\_JJ-i,e__. , 2001, before me a Notary Public within and for said County, personally appeared Roqer f-1 . Da~ 1 S 1 03 J e__, known to me to be the person( s) described in and who executed the for going instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. RACHaOOOGE NOl'ARY PU8UC. MNt£ft01'A . MyComnllselolll:lqlRIJan.31,2005 Notary Public Page 4 of 5 I ' -N Exhibit A 4664; ALLEY 68.11,la_;:_N S 25°40' 50'' w 68.65/11 tAJ, (/) OJ OJ 0 (>I OJ ... LI 0 -... fT"J ---1:i..~ :u~ '1 co "'b. 0) ;;-. ~ ....,... "' ... '-, 8.5 9.2 -~ ~ ·y • . ...... C) 15.33 }t 44.2 ~ EXISTING HOUSE . THRESHOLD ELEV ~ GARAGE FLOO 952.15 ~ R EtEV 949.47 44.2 ~ _, / R=2322.80 -qi L\=01°12' 58" ~ L=49.30 N BROWN (CO. RD. ROAD ~ ~ NO. -~-' ....,/ 146 Page 5 of 5 \ -- O> O> l\';:-zo I I I ()ITC[ SF cr.1 11;n F~C;,fi;:FR He, ,E?i ll CGWfff , !~.~N ~~OT t,. ,~;·_;I~~ iT f'; ~!,:, 0:1 F;1 r ,s[I '.' •, 01J ULl2 Pl-12 =27 ,. :. [0 1:JME .. ~t,03068 . , -··~ ;, C£!,u,,,!/ CO. REC . ~--___ DEPUTY DupUcatt f=ilifi li)l Certific ate