The URL can be used to link to this page

Home My WebLink AboutResolution 3374 1� � y^ . : �1_. � \ O . � �' CITY of ORONO O ;, O • � ��=� RESOLUTION OF THE CITY COUNCIL ' ,'�,� !1��,� .6,� �, N0. �� ti ti �� o¢�G . ES�i A RESOLUTION GRANTING VARIANCES � TO MUNICIPAL ZONING CODE SECTIONS 10.68, SUBDIVISION 5 (B) AND 10.56, SUBDIVISION 16 (L-1&2) FILE NO. 1891 � WHEREAS, Don N. Jarnes and Glee A. Jarnes (hereinafter "the applicants") have an interest in the property located at 140 Leaf Street within the City of Orono and legally described as follows: Tract C, RLS No. 744, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have made application to the City of Orono for variances to Municipal Zoning Code Section 10.68, Subdivision 5 (B) and Section 10.56, • Subdivisions 16 (L-1 &2) to permit construction of a 24' x 30' addition to the south side of the residence and a 6' x 29' covered entry porch to the west or street side of residence to be located 40' from the street lot line instead of the 50' required setback. NOW, THEREFORE, BE IT RE50LVED by the City Council of Orono, Minnesota: FINDINGS 1. Tliis application was reviewed as Zoning File #1891. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District requiring two acres in area. The property consists of 28,100 s.f. or .64 acres: 3. The Orono Planning Commission reviewed this application on November 15, 1993 and recommended approval of the proposed variances based upon the following unique findings and hardships: � A. The existing structure is located 45' from the newly defined street right- of-way. • � � Page 1 of 6 � Fam 5005 Disk Oram ` ,� � . . O � �' CITY of ORONO O .,� O • � �°�?��=� RESOLUTION OF THE CITY COUNCIL � ��'. :, .: A+ e� c� � � ,� � �, :�� , N0. ., ti '��9� , o¢�G ESII . B. The angle of the placement of the house on the properry, the location of the 75' setback to the east and the 30' existing side setback to the north forces expansion to the south side. C. The proposed addition shall�be placed over existing gravel drive. D. Lot coverage will remain at 8.6% where 15% is allowed. E. The proposed improvement is consistent with recent improvements of adjacent homes in the immediate neighborhood. 4. The City Council finds that the conditions existing on this properry 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 properry; 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 . Zoni.ng 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 findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.28, Subdivision 5 (B) and Section 10.56, Subdivisions 16 (L-1 & 2) to allow construction of a 24' x 30' addition to the south side of the existing residence and a 6' x 29' covered entry porch to the west or street side of the existing residence requiring 10' or 20% side setback variance and a hardcover variance of 591.5 s.f. or 4.6% within the 75-250' setback area, subject to the following conditions: • Page 2 of 6 . , Fam5W5 DlskOmro � �� . O � �' CITY of ORONO � ��..� � � • �;.,�� RESOLUTION OF THE CITY.COUNCIL � 1 ''7 • �y ,� � �� .�� , N0. e� e� � �-? :, ti, G , �`�kESH�g'� " 1. Prior to the City issuing a building permit for new construction, applicant must submit a fully executed easement granting 25' of right-of-way for Leaf Street and a 10' drainage and utility easement to the unmediate east of the newly dedicated right-of-way running north and south. 2. � All hardcover removals as shown on site plan, included as Page 6 of this resolution, shall be completed prior to the footing inspection for the new J construction. 3. Authorities granted by this resolution run with the properry not with the applicant, but are permissive only and must be exercised by application for a liuilding permit within one year of the date of Council approval, or this variance will expire on that date (December 13, 1994). 4. 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. 5. 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 recording of this resolution in the Chain of Title of the property. • Page 3 of 6 � Fam50�5 UiskOrono ` � { . O� � CITY of ORONO O .,,: O • �?e�=� RESOLUTION OF THE CITY COUNCIL ,'�,� '�1� ��,�� , NO. 'e� e� �' � Y � ��9�, , o¢�G Es8 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of December, 1993. AT ST: � � . Dorothy M. lin, City Clerk ward�J. Callah , Jr., Mayor � Q. operty Owner (s) Ap icant (s) � G��G�c-Gt�`��'`C��` • STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of December, 1993 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 Ciry. . � U�-P� LINDA S. VEE NOt.�' PllbI1C \� No HENNEPIN COUNTY TA � My commisslon explres 8-12-98 � • Page 4 of 6 Fam5005 DiskOrono '� �, � O� � O � CITY of ORONO � `� ��=� RESOLUTION OF THE CITY COUNCIL r� ��''. ' �:� ,'�y , c � � ,� � � a,� �, NO. :�e� ��- ti ti ��`9� Og'�G ESI; STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �day of n� �e�nb�e�' _, 199� before me a Notary Public within and for said counry,personally appeared ,B, _Fh�/��r�ec( � ,Bu.�barq. �Gta/� nr,a�r,r� 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. . , LINDA S. VEE 1,� n+ NOTARY PUBLIC - MINNESOTA ' �l�n�� J /�� H[RWEPIN COUNTY ,S. r� � � My cornrrissien expires 8-12-� Y PUBLIC ::i. N�TAR STATE OF MINNESOTA ) r � ) ss. � . COUNTY OF HENNEPIN ) • On this ��day of a��-�Aa� � , 199 � before me a Notary Public within � and for said county,personally eared `7� � known to me to be the person(s) described in and who execu the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. � ..,�,:,� .,-,,, .,,.>,� � ��•. JAMIE L.BOSMA � ;��'�' `�'� • NOTARY PUBLIC-MINNESOTA � � ' • -'�� HENNEPiNCOUNTY ` = - ' '� NO Y PUBLIC •,��••° My Comm.Expires 12-19-97 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 5 of 6 , � � ' ' ' r«msaaso��o�� C,S� . �t , 1�� eaosn • CertiCicatc: oC Survcy � for bona.ld Jarnes , of 7'ract C', It.I�.S. No. 7A4 Iirnncpin Cnunt)•, MinnesoY.� , Wcsf �ne of NW%} o{Sa.4-117-23 %1 � � � _' i�o'� aR�i✓.cr� T �ynun I/wr. W � I . � zs' i I � , � R....,�. I . I i W EST 208 �y •>t: 3.00 � • 72 63; � '` � 1 �\ }�• :��' ' � ' •� !:' � � � :.iis I a'� � �_ •w �r.� ' . A�� n � f�. 4`�1 �, :� I.:t ;4 ,s� I f S�ortl, e S{�o�tline ' ��. ,�.:j ¢�.i �c an it-l-ry :,;. � � z :�.x �;•..7 ,�,....� . �� :.�� h. ; J✓q..ri...,�e..i.e o .�r� ..�, �..n�w �� 1� � . v .. . ' ,... .. .. . �T ' `� B, . � �:S; �+� I �// t�. - S -0 �`' *� I N.��4~ novs,\ ��`r` � .�. . . . -�1 Y .� .� ' "" ' ` 11.1 t ;,o ''r• ' �i.. � a0 ;�'r.. 4 °�� w '' 3��.. ` �- \ �; tiI ' ( � i�O�NCp�f�. Qa�'ficy. _. r�D. !�-` - - -i- �• -- - �ye \� ' � L '�� _ , � . . ��(: `�(� � . . ` • . � • �t• /�' 0 't^' '�`� .'.�(F�✓(` X✓f��i,uYt • < �� . .,�� ,;�� ._ (�` � '- %ti�. ..,i�: I . `%�%4 �s c '� ,'�,r� �.'�s I j 13� .�� ., • �p6 ..'.f. I ,` �� N� . ,s�,�I .!�.•. B • 8000 -- , . •`'-= EAST //3.00 � �:. � v :�; ::;-. =;.::� N �I .... � . . ..... . . . ... _.. _ . . . � 3� w«+�;„� o�'rvw�4 �f'StL. Cxisting Leqal �escription Tract U, Keg.i�t�ced Lancl 5urvey No. 744, file, oF RegisCrar of Titles, County oC tlennepin. o: Iron marker (Erom 12-J-69) ! • Rearings shown �re based on an as,tmicd d�tum. • Page 6 of 6 • -�-�� I hcrcbv ccrlify Ihal Ihis sun•c}'Nas pnpand b�•mc or under m�•Jirecl su�r- oa�e�w�M+�� 1 � visiun,and Ihal I am a Juh•rcgislcreJ Cicil Gngincrr and land Sun•cyor undcr - it.ryl w�wrsr, Ihc la�e5 of Ihc SWIC i�f Minnca�la. u��.r �'=3d �.�.// ..�.GG`.