The URL can be used to link to this page

Home My WebLink AboutResolution 3237 4,�: �.i;r. � O� O :. O CITY of ORONO � ��' =�� ';.=� RESOLUTION OF THE CITY COUNCIL � �t�. ' ,; :� �, NO. 3237 � '�, `' -�: Y � ��9� og�G , Es8 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 2.3, SUBDIVISION 6 (B) FILE #1797 WHEREAS, Troy Anderson(hereinafter "the applicant")is owner of the properry located at 1490 Long Lake Blvd. within the City of Orono (liereinafter "City") and legally described as follows: � Lots 3 and 4, Albee's Long Lake Addition, Hennepin County, and that part of Government I.ot 1, Section 26, Township 118, Range 23, lying East of a line drawn parallel to and 675' East of, measured at right�angles to, the West line said Section 26 and West of the extension South of the most Westerly line of Lot 1, "Auditor's • Subdivision No. 291, Hennepin County, Minnesota" (hereinafter "the properry"); and WHEREAS, the applicant has applied to.the City for a variance to Municipal Zoning Code Section 2.3, Subdivision 6(B), to permit the construction of a second story addition which will encroach within the side yard setback. � � . , NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1797. 2. The properry is located in the LR-lA Zoning District. 3. The Orono Planning Commission reviewed this application on February 16, 1993, � and recommended approval of the proposed variance based on the following . findings: � . � A. The applicant's lot is limited by its unusual shape which will not allow expansion of the existing residence to the east, south, west, and some portions to the north due to setback restrictions. � . Page 1 �of 5 : � • � . . Fam 5W5 OIsM Orvno �t� �+ � O� O :. � O CITY of ORONO • � �;�=� RESOLUTION OF THE CITY COUNCIL � ��'. .• ,�a, � � ,,, ax� �, NO. �237 Y � - ��9$ Og'�'G ESfI B. The applicant's expansion will not further encroach into the existing substandard side yard setback. C. The applicant has agreed to provide additional vegetative screening between his house and the neighboring residence to the east. 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 properry 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 properry right of the applicant; 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 on the above fmdings, the Orono City Council hereby grants a variance to . the Municipal Zoning Code Section 2.3, Subdivision 6 (B) to permit the construction of a second story addition to the existing residence within the substandard side yard setback, which will not encroach within the existing 20.4' from the east property boundary, subject to the following conditions: 1. The applicant is required to provide natural buffer of plantings between the addition and the neighboring residence to the east as shown on site plan/planting schedule attached to this resolution. Plantings must be completed no later than July 15, 1993. � , 2. Authorities granted by this variance run with the properry 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 • Page 2 of 5 . � � � � . . Fam SWS Disk Orom .% ~ • � O� O .. O CITY of ORONO • � ,� �;�_1T� �tESOLUTION OF THE CITY COUNCIL 1� t�� 3 ;°. �/ r�,, �. �;� y�, NO. 3237 Y ��9x Og�G ESII expire on that date (February 22, 1994). 3. Violation of or non-compliance,with any of the terms and conditions of the variance 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 22nd day of February, 1993. ATTEST: � /� d�1 � �� ' orothy M. al m, City Clerk J iann Goetten, Acting ayor . . ��. �,�;1.�,�. Proper y wner(s) . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . The foregoing instrument was acknowledged before me on this 22nd day of February, 1993, by J. Diann Goetten & Dorothy M. Hallin, Acting Mayor & City Clerk of.the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. c � • LINDA S. VEE Notary ublic ' NOTARY PUBIIC- MINNESOTA HENNEPIN COUNTY - - Nly commisslon expires&12-96 � �J Page 3 of 5 F�soos a�o�� „�?, ' �t � O� . O :. O CITY of ORONO � � ;��=� RESOLi1TI0N OF THE CITY COUNCIL � 4� '3 ;;,. �y . r�, � �. -�� , N0. 3237 Y ��9� og�G ESS STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this a� r� day of 199 3 before me a Notary Public within and fo�said county,personally appeared � � known to me to be the pers (s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. 7'”[ ":.Z'?`?'... � :,.,'"�'• JAMIE L.BOSMA . NOTARY PUBLIGMINNESOTA NOT Y PUBLIC • �� MY Canm.Fxptres 12-19-97 STATE OF MINNESOTA ) . � � � ) ss. . COUNTY OF HENNEPIN ) p� 7!` day of � , 19923before m a Nota On this - • Public within and for said county,pers nally appeared � known to me to be person(s described in and who execute the foregoing instrument, and acknowledged that he (they) executed the sa.me as his (their) free act and deed. � V� BEfH McCO�NBS NCTARY PUBUGIr11NNESOTA HENNEPMI COUNT1/ Wh►Ca�io�B�kN Fib.to,t�a7 NOTARY PUBLIC - r � • � Page 4 of 5 � � . . � Fam 5005 Msk Orono .;� At '1 s��.p . RESOLUTION #3237 � 6�� PRELIMINARY SITE PLAN , �� . • 23 , � �V . /28 . • 29 I . W I w ' r- . c.t , 'r,., ;� a� -� �i' , �. � h o � M r, 1 • I • f� _ � � / �- 59.�9 . 0 4 t� � ' • f�Y�X+�rnfio n o�A��t� Kg � , w%y /.:.� ofLaf /� �� I �k.� fu�. tio. zp, Q.• 3 I � 1 ,Q, ��o s.o .. � �, . ��RBA�. S .. , � 'a�Rr� . ( � .;' _ , ., �,; •, � � � h . �, rj �:�,• �c�o 'L , . ^ ' % J��o �� M \ � S. N O r• • ` (�,c `��" M � •63 Ex�sfiti ��" 46� r' % � � �.9., �f.�� ,° �V 5 ;N �1 , — '--• . . � � ,� •$. v i . ,.' J . . '.� R I w , .; , �� 20 � � �' _ . I� � . � o �::.. - - �j - - - - � � . � � Z - 675 - � - - ^ � � � , v � � , . o m ' . F�'J � o , � � ..a_ N Z Co —y:' — , t�189°4t'E ti . ' • So�}'� line of Sccf�or� Zfo T �1a 1�23 Five pyramidal arborvitae evergreens are proposed as a buffer • immediately east of the applicants residence. The trees will ; . be between 8 ' and 10 ' tall w�hen planted and could grow to 30 ' . The trees will be planted approximately 7' apart for a continuous buffer. Page 5 of 5