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Home My WebLink AboutResolution 3494 ,44. • 41.0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL , ; >4 NO. 2494 titi kiss 100' A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE #1972 • WHEREAS, Daniel J. Radford (hereinafter "the applicant") is the owner of the property located at 3593 Crystal Place within the City of Orono (hereinafter "City') and legally described as follows: Lot 11, Block 3, Navarre Heights, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit construction of a 12'x16.4' three season porch to be located 18' from the street lot line instead of required 30'. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1972. 2. The property is located in the LR-1C, Lakeshore Residential Zoning District requiring 1/2 acre in area. The property consists of 8,715 s.f. or 2 acres. 3. The Orono Planning Commission reviewed this application on October 17, 1994. and recommended unanimous approval of the proposed variance based upon the following unique findings and hardships: A. A residence has existed on the property for over fifty years prior to current zoning standards. TRANSFER ENTERED _TRANSFER COUNTY TAXPAYER SERVICPS OCT 5 19� Page 1 of199L) a�ki/.1!ef1�44•Ao IDN. EPUTy Form 5005 Dish Orono . . -, o 4,' CITY of ORONO O, O RESOLUTION OF THE CITY COUNCIL NO. '8494 9kESH04' B. If addition was placed to the rear of the structure, it would have a major impact on access to natural lighting to existing living areas of home. C. The existing residence is located 30' from the street lot line and approximately 36' from the actual traveled road of Crystal Place. D. The proposed addition will align with the existing deck and stair within the street yard of the property to the immediate west. E. The three season porch to be installed to the north side of the residence will have no visual impact upon the residence to the immediate east because of the location of mature year round plantings on the property. 4. 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 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 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. 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 permit construction of a 12'x16.4' three season porch addition to the north side of the existing residence approving a 12' or 40% variance, subject to the following conditions: Page 2 of 5 Form 5005 Disk Orono . ‘ ON. CITY O O C of ORONO Aq RESOLUTION OF THE CITY COUNCIL NO. 3494 l ! x .46 114 110.91 1. Upon application for a building permit, applicant shall either have completed or shall submit the following: A. Landscape plan providing screening for proposed addition within street yard. B. Removal of all materials and equipment stored in rear yard. C. Removal of metal shed within rear yard. 2. Per Section 12.05, Subd. 2, applicant is hereby advised that all exterior construction including siding, roofing, doors, windows and finish shall be completed and present a finished appearance within twelve months of the start of construction. 3. Per Section 10.03, Subd. 14 (C) of the Orono Municipal Code, applicant's improvements result in a total of 1,010 s.f. or 11.5% of structural improvements on this property. This property shall be limited to 490 s.f. of additional structural improvements. 4. Authorities granted by this variance 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 this variance will expire on that date (November 14, 1995). 5. Violation of or non-compliance with any of the terms 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. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 corm 5005 Disk Orono ... . . . go ok. O ,:, O CITY of ORONO RESOLUTION OF THE CITY COUNCIL y & NO. 3 4 49kksnov Adopted by the Orono City Council on this 14th day of November, 1994. AT EST: V ZI,K / , 1.-.)1/ . e .1,- (% / 7' i orothy i .lin, City Clerk Edward J. Cal han, Jr., Mayor Ca, .A__,*(1 ,,, fi--7-.-- Property Owner(1 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of November, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 4146.., if !11?_ :�°-��"'•, LINOAS.VEE � Notary Public NOTARY PUBLIC-MINNESOTA y =,,�.��;' HENNEPIN COUNTY My Commission Expires Jan.31,2000 ts ' '�'�1✓.Yllllllllllllll- ../1 Page 4 of 5 Form 5005 Dis4 Orono OO . 1,, ON. CITY of ORONO �w dam RESOLUTION OF THE CITY COUNCIL 'r ' '-:y 3 4 9 . '' & NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this G/ day of Au y , sl- , 199 S before me a Notary Public within and for said county,persona*I"y appeared p a n ;el 1, /ra 4_co r1, 0-2 arc, e,(/ 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. c.,..-...-_,,,,----,.......:--...--,...,..--..--., ,- .. ` LINDA S.VEE (, / `/.Q C .. NOTARYPUBLIC MINNESOTA'• HENNEPIN COUNTY ti NOTARY PUBLIC `„_ My Commission •Expires Jan.31,2000 Q lll1JIIIIlIIIllllllllll�l!1J5� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this / Sy day of ...cep/- bet- , 199 S before me a Notary` (J( Public within and for said county,personally appeared 3( 3h1 1 , pa 410 re(/ ma Tr, e 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. C////dw I v..i?-Q-� OTARY PUBLIC Page 5 of 5 Form 5005 0 sk Orono RESOLUTION #8 4 9 4 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on November 14 , , 19 94, and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 15th day of November , 19 94 . M :llin City� ty Clerk (SEAL) tt3 ADntrt o Y C7 _ • t.. 1 (` I .r rC r. v' • �a C� r '� C'. .. :l _ r C W 1. it .J