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Home My WebLink About#4295 - variances �� O�\ O O �, - CITY of ORONO � '"r ti �',� G'ti RESOLUTION OF THE CITY COUNCIL \kESH�4� NO. �� ' � �� A RESOLUTION GRANTING VARIANCES TO MITNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE #2487 WHEREAS, Roberta J. Roth (hereinafter "the applicant") is owner of the property located at 1251 Briar Street within the City of Orono (hereinafter "City") and legally described as follows: Lot 1 and the North Half of Lot 2, Block 3, Crystal Bay Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Plannin� Codes, the Orono Planning Commission held a public hearing on May 17, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit a front yard setback of 35.5' where 50' is required, side yard setback of 25.9' where 30' is required and a side yard adjacent to � street setback of 15.2' where 50' is required to allow the removal of an existing house and construction of a new residence on the existing foundation. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2487. 2. The property is located in the RR-1B, Zoning District, where 2 acres or 87,120 s.f. is the minimum lot area. The property consists of .2� acres or 10,500 s.f. 3. The Planning Commission reviewed this application on May 17, 1999 and recommended approval on a vote of 4 to 0. Pa�e 1 of 4 /'� O� ;� 11�' O O �b. - C ITY of ORONO � i �'� G'� � RESOLUTION OF THE CITY COUNCIL �.kESKj tvo. 4 2_� ; � 4. The Planning Commission made the following findings of fact: A. The existing foundation is located in the front yard, side yard, and side yard adjacent to street setbacks. B. Replacing the structure will not increase hardcover or structural coverage. C. Replacing the structure will not further intensify development on the lot. 5. 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. 6. 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 conui�u�iity. 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, Subdivision 5 (B) to permit a front yard setback of 35.5' where 50' is required, side yard setback of 25.9' where 30' is required and a side yard adjacent to street setback of 15.2' where 50' is required to allo�v the removal of an existing house and construction of a new residence on the existing foundation. Approval was subject to the following conditions: 1. Authorities granted by this variance 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 eYpire on that date (May 24, 2000). Page 2 of 4 �� / / O ;� � O O �,� CITY of ORONO � � �''.� G'� RESOLUTION OF THE CITY COUNCIL �9kESH�4� NO. _� ".� �-� q� 2. 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. 3. 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. Adopted by the Orono City Council on this 24th day of May, 1999. ATTEST: , � � � � C/�� Q� Linda S. ��ee, City Clerk Gabri Jabbour, Mayo G,� -, /� � l � �� '�� Property Owner(s STATE OF MINNESOTA ) ) ss. COUNTY OF HF�rrr�nn.r � The foregoing instrument was acknowledged before me on this 24th day of May, 1999, by Gabriel Jabbour & Linda S. Vee, 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 ��' y�r� � C%� � �>v��L,�� '��" Notary Public �If'Commisafon Expies,bn.31,2006 Page 3 of 4 - � ,�_---� - • , � �� . o O ,,, �6. - �; C ITY of ORONo � �;� �',� G'� � RESOLUTION OF THE CITY COUNCIL . ,�9 4�,/ . . . N0. . ,�, h,� � �xEs� , r�—� � STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � o2Coa On this/�t�' day of �y�.�, , i-�9 before me a Notary Public within and for said county, personally appeazed � �P;-�� .� �fh , n��" rr�r rr�'�� 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 �/� ' � �f� HOTARY PUOLIC-I�M�SOTA �.,i �`- �, s�E�J�'�-�.� �hca�a►�,�n.�.2ooe NOTARY PUBLIC _ STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_ before me a Notary Public within and for said counry, personally appeared knn�vn tc► mP tc, be t�+P nerson��l described in and who executed the fore�oina instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4