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Home My WebLink AboutResolution 3373 . � °� O : . Q CITY of ORONO • �`�'?��-� RESOLUTION OF THE CITY COUNCIL � ��;'��'�,"' , ,, ,g.� � ,�, � �^ :�� ti , No. � 3 `� � , :, . ti G �`9k'ESHOg'�Y A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDNISION 5 (B) FILE #1890 WHEREAS, Craig Hertzenberg (hereinafter "the applicant") is the owner of the property located at 115 Smith Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lot 63, Orono Orchards, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal • Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a 23'x42' addition to the west side of the existing residence to be located 18'4" from the side lot line where a 30' setback is required, a 2' overhang to rear of residence that will be located 28.1' from the east side lot line where a 30' setback is required and 47.4" from the rear lot line where 50' is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, ` Minnesota: FINDINGS . 1. This application was reviewed as Zoning File #1890. 2. The property is located in the RR-1B, Rural Single Family Residential Zoning District requiring 2 acres in area. The property consists of 17,363.5 s.f. or .39 �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 or hardships: • Page 1 of 4 ' Form5005 DlskOrono o.�,. � CITY of ORONO 0 :�,� � � O - • �� RESOLUTION OF THE CITY COUNCIL ''� ��1 ''si'� � N0. s� e3 � � "� � �. .b� � . . �� , O¢�G ESI; A. The .39 acre property is subject to 2 acre development standards. B. The existing septic system has a three plus bedroom capacity and will. easily serve the upgraded three bedroom home. C. In April of 1978 the City approved a rear setback of 4T for a proposed • 12'x24' rear addition to the existing residence but was never constructed. D. The only suitable area for expansion of existing residence is to the west or side. , � E. The improvements to rear of �residence will extend no further into substandard east side yard than existing residence. 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 Ciry 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 variances to Municipal Zoning Code Section 10.28, Subdivisions 5 (B) to permit construction of a 23'x42 addition to the west side of the existing residence granting a right side setback variance of 11'6" or 38.6%, a 1.9' or 6.3% east side setback variance for the rear overhang and a rear setback variance of 2'6" or 5.2%, subject to the following conditions: • Page 2 of 4 _ Fam5005 DiskOrono i � . � ��' CITY of ORONO � O :�,� � � O • .:,��,� ,� RESOLUTION OF THE CITY COUNCIL � � � ..� . � ,� � y :��' ��, N0. � � � � ' '�'�`9�t' Og''�'G ESS 1. Applicant shall obtain a demolition permit at the time of the application for a � building permit for the new addition to make the necessary alterations for removal of a portion of the accessory structure in order to meet lot coverage requirements of the City. . 2. Authorities granted by this variance run vVith the property not wifh 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 (December 13, 1994). 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 13th day of December, 1993. ATT T: . o M. a ' , Cit Clerk Edward J. Ca an, Jr., Mayor Property Owner(s) . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of December, 1993, by Ed�vard 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 A. HASEMAN ` N07ARY PUBLI�MINNESOTA No ary Public �; ,'- HENNEPIN COUNTY _ . r�v�^,�,.��-:�u rxaia=s e-z�-ea Page 3 of 4 F��SO�� I � ;l , � � O� O :. O CITY of ORONO • � �°��1=� . . RESOLUTION OF THE CITY COUNCIL � ��'• , .. .y,, � � �, .�,� �, NO. � � � �' t ti �� Og�G , ESii STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /��-h day of , 199 3 , before me a Notary Public within and for said County,personally appeared � bP ' o1 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. CAROLE A. HASEMAN MOTARY PUBLN'�INNESOTA ��, lt � ��r� f' HENNEPIN COl1NTY Notary Public _ MY CAMMI;SIDN F�PIRE9&2188 STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) On this � f(�_day of Pr , 199 3 , before me a Notary Public within and for said County,personally appeared � f e �r�ed known to me to be the person(s) described in and who exec ted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ��1� �r�� Notary Public � CAROLE A. HASEMAN NOTARY PUBLIC.-MRJNESOTA . ; HENNEPIN COUNTY MY COMMISSION EXPIRES B�i�98 • Page 4 of 4 ►�,�o,��