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Home My WebLink AboutResolution 3309 1 O O CITY of ORONO RESOLUTION O�y I CITY COUNCIL NO. In �;J 3 A RESOLUTION GRANTING VARIANCES TO A7UNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (A) FILE NO. 1823 WHEREAS, Margaret D. Rossing (hereinafter "the applicant") is the owner of the property located at 130 Cygnet Place within the City of Orono and legally described as follows: r; G� Lots 1 and 2, Block 3, Swan Lake Addition, 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 (A) to permit the construction of a 20' x 28', 2'/2 Ston, addition to the west side of the existing residence to be placed 28.8' from the rear lot line where a 50' setback is required and 41.14' from the street lot line where a 50' setback is required. The applicant also proposes a 4' x 12' deck to the northeast side of the proposed addition to be placed 26' from the rear lot line where a 50' setback is required. NO"', THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was.reviewed as Zoning File #1823. 2. The property is located in the RR-1B Rural Residential Zoning District requiring two acres in area. The property consists of 71,734.5 s.f. or 1.64 acres. 3. The Orono Planning Commission reviewed this application on May 17, 1993 and June 21. 1993 and recommended approval of the variance application as amended based upon the following findings: A. The property has an unusual shape. TRANSFER ENTEND B. The house was installed on property prior to current setback standards. MIT.Of PROPERTY TAX&PUBLIC RECORDS AUG 25 1993 Page 1 of 6 !ZEWq COUNTY MINN. TY DEPUTY r..loos ar a.b l CITY of ORONO O T O RESOLUTION OF THE CITY COUNCIL r, ti ��9x HO¢�G ES C. The principal structure met zoning standards at the time of construction in 1969 and was allowed to be constructed 25' instead of 30' from the rear lot line. D. The interior layout of house limits construction of addition to the west side. stair structure The Orono Planning Commission denied obased upon the fol owing findings to the northeast side of the proposed ad A. Installation of the deck would encourage structure. structural encroachment of the substandard rear setback of th B. Further intensification in use created by rear deck addition will ntial loonly ` magnify problems associated with the already substan dard eculiar 4. The City Council fit. nds that the conditions existing °ntthisproperty are zon g district; that to it and do not apply generally to other property granting the variance would not adversely affect traffic conditions, light, not merely pose a fire hazard or other danger to applicant, but neighboring property;necessary to alleviate a ry serve as a convenience to the aPP reserve a substantial property demonstrable.hardship or difficulty; is necessary to p right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including thity e findings cen s recommendations of the Planning Commission, reports y by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS the Orono City Council Based upon one or more of the findings noted above, to permit hereby grants a variance to Municipal Zoning Code Section1� require Subdivision 21.2' or 42.2% rear the construction of a 21/,-story, 20 x 28 addition et setback variance an setback variance and an 8' 6" or 17.2% stree deniesect tot hesfollowing x 12' deck and stair addition requiring a 24 or 48% varianc , J conditions: Page 2 of 6 r..ems s.e... CITY of ORONO O .� O . RESOLUTION OF THE CITY COUNCIL s ti NO. �`�x'ESSO4� 1. The existing detached garage must be completed before a building permit can be issued for a second accessory structure at 26' x 38'. 2. The second accessory structure must be completed before a building permit can be issued for the 20' x 28' addition to the principal structure. 3. Applicant shall install split rail fence as shown on Page 6 of this resolution defining the driveway and parking boundaries in order to eliminate uncontrolled parking of vehicles on grassed area. Applicant is encouraged to plant evergreen- type plantings within street yard to provide year-round buffers for front yard parking area. 4. All exterior storage on this property shall be subject to the standards set forth in Section 10.60, Subd. 13 that reads as follows: "In all residential districts, all mobile materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except boats and unoccupied trailers less than 20' in length which are not stored for commercial purposes, if stored to the rear of the house and a distance of 10' or more from any property line." 5. Authorities granted by this resolution 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 (July 26, 1994). 6. 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. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of 6 O • CITY of ORONO O � O } " RESOLUTION O� CITY COUNCIL NO. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of July, 1993. A ST: v Dorothy M. a lin, City Cler,, Edward J. Calla n,-Jr-.,-Mayor roperty caner (s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of March, 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 City. LINDA S. VEE Notary Public NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission expires 8.046 Page 4 of 6 O Q CITY of ORONO Vr RESOLUTION OF THE CITY COUNCIL �9k mito STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of , 1993 before me a Notary Public within and for said county, personally eare `Yczhp , u�.n known to me to be the person(s) described and who executed foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. JAMIE L BOSMA IMM KOUC-MNn �y � �W N Y 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 5 of 6 CERTIFICATE . OF SURVEY FOR: MARC2E RD5SINCT W . h 4ti N f •� n ` o 5090 4b' 45"E 330-11 C�Y/ 1- i►•Aon 191.1.3 139.14 Cr S A4.1 \ c N , t5 �P LEVAt La T5 1 1 Z, 81OGx 3, S wIM N LAKE Fad;`,'On► f4ENNFPt N, Covnlr Y m,,,ry G = WOOD STAKE PLACED O = IRON MON. SET • = IRON MON. INPLACE B.M.- BEARINGS ON PROPOSED INFORMATION ASSUMED DATUM 1st FLOOR ELEV. GARAGE FLOOR ELEV. BASEMENT ELEV. TOP BLOCK ELEV. --� = DRAINAGE 000.0 = EXIST. ELEV. (000.0.)= PROPOSED ELEV. E & P= EXIST. & PROP. ELEV. 000.0 - I hereby certify that this plan. survey or report was JOB a SCHOB ORG prepared by me or under my direct supervision and that I am ND SURVEYING a duly Registered Land Surveyor under the laws of the State - INC.N C of Minnesct�n� r: _ Book Page • Scale R►.1.boa 205 ■ 972.3221 oaano.MN a323 Date: .�An . I(n, ►9 A9 Registration No. 14700 Page 6 of 6 RESOLUTION # .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 July 26 , 1993 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting . In Witness Whereof , I have hereunto se-t my hand and seal this 29th day of July 1993 Dor thy M. allin, City Clerk (SEAL) nz 0 M rz rn ci llz' w m zn- zgl P