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Home My WebLink AboutResolution 3458 Y CITY of ORON O . O O RESOLUTION OF THE CITY COUNCIL NO. '8458 �9k'E8H04� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 5 (B) FILE #1951 WHEREAS, Kendrick Melrose (hereinafter "the applicant") is owner of the property located at 50 Cristofori Circle within the City of Orono (hereinafter "City") and legally described as follows: The West 23 acres of that part of the Southeast 1/4 of the Southeast 1/4 of Section 31, Township 118 North, Range 23 West of the Fifth Principal Meridian, lying South of the Southerly right-of-way line of the Luce Line Trail. Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the construction of a family room, deck and stairway addition to be located 31.4' from the south side lot line where a 50' side setback is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1951. 2. The property is located in the RR-IA, Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 15, 1994, and recommended approval of the proposed variance based upon the following findings: Page 1 of 5 Fpm SODS Dish Omn- O�' CITY of ORONO O_ � O RESOLUTION OF THE CITY COUNCIL NO. $ 458 ESH A. The site consists of 23 acres but the topography has placed severe limits on the building site. B. The location of the kitchen within the residence limits the proposed family room expansion to the east and south. C. Extensive vegetation exists along the south lot line and the natural building site for the adjacent property would be approximately 150' or more south from the applicant's property. D. The setback proposed at 31.4' is no less than the minimum 30' side setback approved for lots within the adjacent PRD of Cristofori Woods. E. The existing house was placed 75' from the west lot line rather than the standard 100' via a variance granted in 1992, and at the 50' south side setback line due to steeply sloping topography and to minimize erosion and the need for major cutting into steep elevations. F. Severe slopes to the east and north required placement of the house at this location in order to minimize the impact on existing dense vegetation. 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 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 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. Page 2 of 5 FM ears Disk Qaro CITY-- of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8458 o4�G ESTI CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the construction of a family room addition, deck and stairway to be located 31.4' from the south side lot line where a 50' setback is normally required, subject to the following conditions: 1. Construction shall adhere to the site plan and construction plan attached to this resolution as Exhibit A. 2. 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 (August 22, 1995). 3. 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. 4. 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. Adopted by the Orono City Council on this 22th day of August, 1994. ATT T: Dorothy allin, City Clerk Edward J. Call an, J r., Mayor roperty Owner(s) Page 3 of 5 Fm 5005 Disk Orono O O CITY of ORONO '" RESOLUTION OF THE CITY COUNCIL r11J" y NO. 4 H �9kEsHo�� STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of August, 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. CAROLE E40-2h A. HASEMAN NOTARY PUBLr MINNESOTA HENNEPINCOUNTY MY COMMISSION EXPIRES 8.23-W Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this �(„4-1 day of A , 199 , before me a Notary Public within and for said County,personally a eared J(�n ;r_ rIro5e, rrurried and -zle n wh Pr, 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. CAROLS A. KASEMAN NOTARY PUBLIC-MINNESOTSOTA HENNEPIN COUNTY MY COMMISSION EXPIRES 8-23-98 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 Page 4 of 5 f-5005 0¢k G ,••d' I � e i• 1i'• 4 �.•a�,l. t•' �a• I I- .. (d� I;- (. • L 'moi I ,`1�*:/ y � }_.�'7r_�. .<✓ Y,d I' or I t '1 rj �' � c •rrl �+. it IL LO Iz- ..I a Atw 4.6 Sj r ti Visna 6' z m � UI-�S►X� � � Z9 C� RESOLUTION # 3458 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 ecordf ofesuch g resolution in f a the tion of Minut sle City of the Council of the City of Orono with the on�m proceedings of said City Council at a1�- ld on aA_, and that g of sthe same is aaid City otruel and ecorrect Au ust 22 City Council at said meeting. copy of said resolution duly adopted by said In Witness Whereof, I have hereunto set my hand and seal this 23rd , day of Au ust 19 94 or y M. 1 in, City Clerk (SEAL) .:;TA 14 QCT _4 !� •Jam, i .. ��.rit EP �nrrTY L)1, Ms I Filing Ccrtificato