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Home My WebLink About#13-3632 Recorded Resolution 636413-Jt,3 13,xs GiUf f-r,,JL 4vi e__ Ill 111111111111111 1111 Doc No A10127834 Certified, filed and/or recorded on Oct 14, 2014 2:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McMormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 97 Pkg ID 1164793M Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY of ORONO RESOLUTION OF6T~EtfI~Y COUNCIL NO. -------- A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-395(8) FILE NO. 13-3632 WHEREAS, Dale Robert Richardson and Tamara Richardson, a married couple (hereinafter "the Applicants") are the owners of the property located at 4325 Chippewa Lane within the City of Orono (hereinafter the "City") and legally described as Lot 1, Block 1, Chippewa, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, on April 4, 2013, the Applicants requested a building permit in order to construct an 8' x 8' deck 34.4 feet from the west side lot line where 50 foot side yard setback is normally required; WHEREAS, on April 9, 2013, the Applicants were notified by Planning Department staff that the building permit application was incomplete; WHEREAS, in August 2013 the City Building Official inspected the Property and observed the deck had been constructed without proper City permits. The Applicants were notified that an after-the-fact building permit and after-the-fact variance would be necessary in order to allow the deck to remain on the Property; WHEREAS, the Applicants have made application to the City of Orono for an after-the-fact variance to Orono Municipal Zoning Code Section 78-395 (B) to allow the as constructed 8' x 8' deck to remain 34.4 feet from the west side lot line where 50 foot side yard setback is normally required and a 28 foot setback currently exists for the existing home; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on January 21, 2014 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 13-3632. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 3 6 4 2. The property is located in the RR-1A One Family Rural Residential Zoning District which requires a minimum lot area of 5.0 acres and a minimum lot width of 300'. 3. The Planning Commission reviewed this application at a public hearing held on January 21, 2014 and recommended approval of the variance based on the following findings: a. The Property contains 43,512 square feet (1.0 acre) in area and has 149 feet in width. b. Sanitary sewer is not available. c. The substandard area and width of the Property combined with the location of the existing home make it difficult to construct conforming additions or appurtenances. d. The 8' x 8' deck is located at the rear of the home and is in line with an existing patio door. Previously a landing existed outside the patio door. e. The Applicants' request will alleviate a practical difficulty inherent to the Property and not created by the Applicants. f. The Applicants' request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. g. The Applicants' request is in harmony with the purpose and intent of the ordinance. h. The Applicants have demonstrated that enforcing the setback provisions of the Zoning Ordinance deprive the Applicants of the reasonable use of the Property. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, 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 the Property are peculiar to it and do not apply generally to other property in this zoning district; that granting Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 3 6 4 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 Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-395(8) to allow the as-constructed 8' x 8' deck to remain 34.4 feet from the west side lot line where 50 foot side yard setback is normally required, subject to the following conditions: 1. Council approval is based on the survey submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining an after-the-fact building permit for the new deck and passing the required inspection of deck. An inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (February 10, 2015). 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 Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 10h day of February, 2014. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 j 6 4 ATTEST: Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 j 6 4 This instrument was acknowledged before me this ~{~ay of 1\1\_tl..ftJL , 2014, by Dale Robert Richardson, husband of Tamara Richardson. MONICAA. FADNESS . NOTARY PUBLIC -MINNESOTA 4(# My Commission Expires Jan. 31, 2017 ,,;v STATE OF MINNESOTA COUNTY OF HENNEPIN ~ lUtY\WP Q,~ Notary Public This instrument was acknowledged before me this q ~ay of ~e{'2014 by, Tamara Richardson, wife of Dale Robert Richardson. MONICAA. FADNESS NOTARY PUBLIC -MINNESOTA My Commission Expires Jan. 31, 20 17 ===~'?2~8'~~~~~~~~ 44«~ a.~ Notary Public Page 5 of 5 CRRTIFICATE OF SUF '=.Y FOR DALE RICHARDSON OF LOT 1, BLOCK, CHIPPEWA HENNEPIN COUNTY, MINNESOTA N 89°26'00" W 149.01 Resolution Exhibit A RECEIVED NOV 15 2013 CITY OF ORONO 6364 N ~ 0 0 ('() s 1 DECK in ...... 34.4 ...... R :: ••••••••••••••••••• ,.·mi""'.-l.-;-~4;:-1.-:::-1 _,__---4 ~ ........ 282.~~!:l EXISTING H<Oous22E.1 g '¢.' # 4:i2s r z .......... 28.9 ....... ___ 4_.1 ... e __ ~I; ?? 3 )( V'IEll I l SHED g. 10 ·' :t PROPOSED [!] ....... N 0 ci 0 ('() ................... 55.3 ................... $ in :: ~ 0 0 0 0 z 2 --------·-c-----------·---t-f--------·---------- --____ ro ROAD EASEMENT SHOWN I i ON COUNTY MAP ro I!) N I N 89°26'00" W 149.01 CHIPPEWA LANE l{) N ------------------------------------------LEGAL DESCRIPTION OF PREMISES: Lot 1, Block 1, CHIPPEWA • denotes iron marker found o denotes iron marker set This survey shows the boundaries of the above described property and the location of an existing house, deck, and driveway thereon. It does not purport to show any other imorovements or encroachments. I hereby certify that this survey, plan, or report was prepared by me or under me direct supervision and that I am a duly Licensed Land Surveyor SULE 1" = 30' $GRONBERG & ASSOCIATES, INC. CONSULTING ENGINEERS, LANO SURVEYORS, SITE PLANNERS under the laws of the State of Minnesota. t----,0-,,,:~~=x- 445 N. WILLOW DRIVE LONG LAKE, MN. 55356 952-473-414~ 13-412 Mark S. Gronbera Minnesota License Number 12755 1 •i -5• I 3 11-12:.:.l,;i_ i--~-J"°O"e"B NC. 13-41~ 1l C) m X :r [ 0 I • I ST A TE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned , being duly qualified and appointed City Clerk of the City of Orono, Minnesota, ce1iifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on February 10th, 2014, with the original thereof on file in my office, and the same is a correct transcription thereof.