HomeMy WebLinkAboutResolution 3615 °r.r� .. »� • .
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'�' S ION OF THE CITY COUNCIL
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A G ING VARIANCES
O CIP OIVING CODE
SEC N�0.2 , ON 5 (B)
FIL O. 068
WI�EEREAS,P�t an thy mieja(hereinafter "the applicants") are owners of the
property located at 4040 Wate ad within the City o Orono (hereinafter "the City") and
legally described as follows: .
That parY of the no e f southeast q o ection T wnship
118 North, Range 23 � f e fifth princi�al meri ' , des ' ed follows:
Commencing at a po' t o t e north line of the south a t e f said section
distant 743.5 feet west o e northeast corner o r section; thence east to
said northeast corner;thence south on the st i said quarter section a.distance .
:• of 303 feet;thence northw terly ' a ine to the point of beginning, said tract
lying north of the center o s a rtown Road(so called),Hennepin County,
, Minnesota(hereinafter " e p e ' ; an
WHEREAS, the applicants have applied to the City for variances unicipal
Zoning Code Section 10.27, Subdivision 5 (B)to allow construction of an add' ' n to the existing
residence, such addition to be located 51' from the side street (Waterto Road) where a 100'
setback is normally required,and 32'from the north lot line where a 5 ' tback is normally required;
and a similar variance to said section to allow the constructio a three season porch to be located .
25.7' from the side street (Watertown Road) whe ' setback is normally required, and 46.8'
from the north lot line, where a 50' se c ' ormally required.
NOW, THEREFORE,'BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#2068. .
. 2. The property is located in the RR-lA, Single Family Residential Zor.ing District
requiri.ng five acres in area. The property consists of 1.28 acres exclusive of adjacent
• public right-of-ways.
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3. The Orono Plazuung Commission reviewed this application on September 18, 1995
and recommended approval of the variances as proposed, based upon the following
findings:
A. The property is 1.28 acres in azea and subject to five-acre zoning standards.
B. The properry is of an unusual triangular shape.
. C. The residence has existed on this property for over 45 years and does not
meet tYie current setback standards for the RR-lA zoning district.
D. There is adequate septic capacity to serve the proposed improvements and
adequate area for future alternate septic site on this severely limited property.
• E. There is no additional property available for purchase to reduce the degree of
variances required.
F. There is adequate existing vegeta.tive screening to reduce the visual impact
of the proposed additions.
4. The City Council finds that the conditions existing on this properry aze peculiar to
it and do not apply generally to other property in this zoning district; that granting
the variances 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.
5. 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.
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'�' RESOLUTION OF THE CITY COUNCIL
�L�kE H�g'�G NO. .`� � � �� _
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CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above,the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to pernut the
construction of a 28' x 36' living space/garage addition located 32' from the north lot line where a
50' setback is normally required, and 51'from the side street(Watertown Road) lot line where a 100'
setback is normally required; and grants setback variances for construction of a 14' x 16' screen
porch addition located 25.7' from the side street (Watertown Road) lot line where 100' setback is
•normally required,and 46.8'from the north lot line where a 50' setback is normally required, subject
to the following conditions:
1. The site plan submitted with the variance application must be adhered to.
2. The existing septic system and area to the south of the septic system must be fenced
• off prior to any land alterations or construction activities at the properry.
3. The property owner shall review traffic visibility at the driveway access and remove
plantings as necessary to create a safe access.
4. Applicant shall provide a site grading plan for City approval prior to issuance of the
required building permits.
5. Authorities granted by this variance run with the properly not with the applicants,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
(October 9, 1996).
6. 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.
7. 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 recordi.ng of this resolution in the Chain of Title of the property.
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'�' RESOLUTION OF THE CITY COUNCIL
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Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 9th day of October, 1995.
ATTEST:
Dorothy M. Hallin, City Clerk Edward J. a 1 , Jr., Mayor
Property Owner(s)
• STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 9th day of October,
1995 by Edward J. Callahan,Jr. 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.
Notary Public
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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.
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.
� Notary Public
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