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Home My WebLink About#02-2863 Recorded Resolution 4949, •. ' • f 6'103921 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 9 4 9 A RESOLUTION GRANTING AV ARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) AND DENYING AV ARIAN CE TO MUNICIPAL ZONING CODE · SECTION 10.03, SUBDIVISION 14 (C) FILE NO. 02-2863 WHEREAS, Richard L.Kail and Diane M. Supemant (hereinafter "the applicants") are the owners of the property located at 3753 Casco Avenue within the City of Orono (hereinafter "the City") and legally described as follows: Lots 7 and 8, Block 4, "Casco Heights", Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) and Section 10.03, Subdivision 14 (C) to allow construction of a new single family residence to replace a pre-existing residence on a .37 acre lot in the LR-lC Zoning Distiict where a .5 acre minimum lot area is required; and to allow said new residence to be 3,262 s.f. (20%) oflot coverage by structures where 2,414.25 s.f. (15%) is allowed; and 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 January 22, 2003, at which time all persons desiri_ng to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #02-2863. 2. The property is located in the LR-1 C Zoning District, where 0.5 acres is the minimum required lot area. The property consists of approximately 0.37 acres. Page 1 of 5 Metro Legal services Inc . Box 491 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 9 4. P; 3. The property contained an existing residence foundation and detached garage originally built in 1950, which was destroyed by fire in 1998, leaving only the foundation and a detached garage. 4. The Orono Planning Commission reviewed this application on January 22, 2003 and recommended approval of the lot area variance and denial of the lot coverage by structures variance by a vote of 6 to 0. The Planning Commission made the following finding of fact: A. The lot area of 0.37 acres is sufficient to allow reconstruction on the site, where a residence has previously existed for many years. B. Removal of the existing foundation and building a new residence is new construction requiring that all lot standards must be met. C. There is insufficient hardship to support the requested lot coverage by structures variance. The need for extra storage and lack of land to combine suggested by the applicant as a hardship, can be ameliorated by downsizing the design of the residence to meet the required lot coverage by structure limitation. Furthem10re, while the land adjacent to the subject property is a platted alley, the City does not intend to vacate it. 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 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. 6. 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 variances on the health, safety and welfare of the community. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 9 4: 9 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 10.25, Subdivision 6 (B) to allow construction of a new single family residence to replace a pre-existing residence on a .37 acre lot in the LR-IC Zoning District where a .5 acre minimum lot area is required; and to deny a variance for lot coverage by structures for said construction. Approval is subject to the following conditions: 1. No variances other than lot area are granted by this resolution. The applicant must provide construction plans meeting all city lot requirements in order to obtain a building permit. 2. 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 pennit within one year of the date of Council approval , or these variances vvill expire on that date (April 14, 2004). 3. 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. 4. The undersigned applicants have read, understood and hereby agree to the tem1s 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. Barbara A. Peterson, Mayor Chluwoffit6~ Page 3 of 5 I , , ' ST A TE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL .Al (I\ Ail O, NO, ~ ~ ":/, d i The foregoing instrument was acknowledged before m e on this 14th day of April , 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said ;:,.-,'q,~ RACH EL DODGE instmment was executed on behalf of the City. ~ae:s22sss:saa:aij s :ee-] '/ -" \ NOTAR Y PUBLIC · MINNE2 OTA 0~ ==;::,:~,~ STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this { ~day of April, 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said ~~~~~~~~~~f-f the City. ' ~ RAC HEL DODGE I I (";;" .:t/~1 NOTARY PUBLI C -MIN NE'.'OTA ~ · ~1.y C,.,mm iss :on Expires J.;•1. :;"i, 2005 ~ .... :;.~ .. :~--' ' __ · .... --;-·---· ~•~--_.~, -,..~~~ ~'( STATE OF Mll\TNESOTA COUNTY OF HENNEPIN r[)· On this £ day of J ul u I appeared before me , L~Oo~ Notary Public ,2003, _f?_~1_c,h~t\~r:~J~L_--~~~J '-'-1-4~--;~'1jt-t_-__ personally __ who is personally known to me __L___ whose identity I proved on the basis of____._H__.__,_10 _ _.D=-----.,L=------------ --\Vhose identity I proved on the oath/affirmation of ____________ , a credible witness and who e xecuted the foregoing instrument, and acknowledged that he/sh /they executed the same as his/her/their free act and deed . D:::N !SE M. LESKIN EN MOTARY PUBLIC -MINf ~ESOTA My Com missio n Expires Jan. 31, 200 5 Notary Public Page 4 of 5 .. ' ·• STATE OF MINNESOTA COUNTY OF HENNEPIN On this _z:'day of S (.) \ vJ appeared before me, ' l .• CITY of ORONO RESOLUTION OF THE CITY COUNCIL · NO. Ll }) 4 ~ , 2003, D,0--0 ~ M. :5 u p..e.r oar1 i"j ~, AJ~ personally __ who is personally known to me ----1.L whose identity I proved on the basis of_--=-A.~/vJ~--'1)=· --=L=----------- --whose identity I proved on the oath/affirmation of ____________ , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. DEN ISE M. LES KIN EN NOTARY PUBLIC · MINN ESOTA 1 My Commiss ion Ex pi res Jan. 31, 20 05 ~- Notary Public Page 5 of 5 ~~ ~ \.0 ~ >- c:.:o ,_ ~ ~v, Lr> ~ f B~ ..J N :·, ·~· N w..r:: C en ~r --. .:~ :.c: C ._ ;--: t..:l a.. ;~:, :z:>- ~~ :=; r. C ; o.::. c.;O C -\.0 C.) ~1 , ... -J~- c2; - Cl) !..Wl'- -..J uu.1 ,_ :=:, .-:z c..: -, ~;~ ,,, w ~ <= <= . \ c-.., V, ..-i: