The URL can be used to link to this page

Home My WebLink About#4897 - variance . � � °� 0 0 ,��a� - C ITY of ORONO ,a �,� ' �`._ � �a� .. � � Y' `� '�' RESOLUTION OF THE C17Y COUNCIL �� 4�'G N O. ,� �-�'�. ; ,� kEsHO A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B), FILE NO. 02-2851 WHEREAS, Kevin Curley and Wendy Kellett,husband and wife,(hereinafter"the applicants") are the owners of the property located at 1291 Briar Street within the City of Orono (hereinafter "the City") and legally described as follows: See Exhibit A WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B)to allow construction of a front porch to the existing house to be 22.4' from the front lot line where 50' is required and 24.8' from the side lot line where 30' is required in the RR-1B zoning district; and WHEREAS, after due published notice and mailed notice in accordance �vith Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on November 18, 2002, at which time 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 #02-2851. 2. The property is located in the RR-1B Zoning District, where 2.0 acres is the minimum required lot area. The propert�.-consists of approximately 0.40 acres. 3. The Orono Planning Commission reviewed this application on November 18, 2002 and recommended approval by a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: Page 1 of 6 j , I O� • O ��..i. - O ��;� ; ;.: �, CITY of 4IZON0 � �� .= ti � � Y `� �,. Q~' RESOLUTION OF THE CITY COUNCIL ��kESHOg'� NO. � � �" �" A. The existin�residence was built in 1912,prior to city adoption of the current 2 acre zoning standards. B. The hardship is the existing house location in relation to front and street lot lines. C. The hardcover in the 500-1000' setback zone is well below the allowed 35%. D. Lot coverage by structures will be 9.8%,well below the 15% limit. E. The front porch is in character with the neighborhood. 5. The City Council finds that the conditions existin�on this property are peculiar to it and do not apply generally to other property in this zoninj district; that granting the variances�vill 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 demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping�vith the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findin�s and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variances 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 a variance to Municipal Zoning Code Section 10.28,Subdivision 5 (B)to allow construction of a front porch to the existing house to be 22.4' from the front lot line where 50' is required and 24.8' from the side lot line where 30' is required in the RR-1B zonin� district. Approval is subject to the follo�ving conditions: Pa;e 2 of 6 � � °� 0 0 . ��'��,�� C ITY of ORONO � � ��? � �, ,� �1'`" � � Y' � �� ~' RESOLUTION OF THE CITY COUNCIL C� ��kESII04� N0. � � � `;; 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Plannin�Commission and City Council review. 2. Authorities granted by this variance run with the property not with the applicants,but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (November 25, 2003). 3. Violation of or non-compliance with any of the terms and conditions of this 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 applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono,Minnesota at a regular meetin�held on the 25th day of November, 2002. ATTEST: ` __. � ,, � : ;� � ,� ,�',� ,j' , � /;�:� i: .��.�t v l.c. � � ��'.lp��i� Linda S. Vee, C' y Cler Barbara A. Peterson, Mayor . � � 1 % t �"'�� n ' r. roperty O�vner(s) Pa�e 3 of 6 � � � °� o �� o . '��,�� C IT�' of O1ZON0 � � �� ;� ti ��t ,� �`� ��G~' RESOLUTION OF THE CITY COUNCIL `q ° '-Og' N O. � � � kESII STATE OF MI�i TNESOTA COUNTY OF HENNEPIN The fore�oing instrument was acknowledged before me on this 25th day ofNovember,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �i�a.1�1� c� �� -�-' Q�--�,1�o,.��,a� Notary Public �'` ALISSAA.WINTERNHEIMER � NOTARY PUSUC-MINNESOTA STATE OF MINNESOTA �-j ��mmiss�on Ex;.�ras�an.31,zoos �� .....�.�:.��<.�:��,�;��-,�.,�,�;,-;-,--.- COUNTY OF HENNEPIN �� CS�-�'�'1�C�� The fore�oing instrument was acknowledged before me on this � r day of�ber, 2002 by Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument�vas executed on behalf of the City. �!""T"'� RAC�!`L DODG� � F � ^/ � > `i PiO�= .. ;=U�LIC-":�N�v�"Q?.4 ��,i�`— L�L� � .� rny c�,-,-.�_.�,EXa�,��Jan.., ,2�us Notary Public +__..._._.�.. .�,w�.._.�......__C�,'i?:. . . ._� STATE OF MIiV'NESOTA COUNT'Y OF HENNEPIN � On this ;��`�day of j\�"C�E�r'd'�r2002, ,C L' t � l ' �t P l.� � , 1 ,;�f�. C=C:�personally appeared before me, who is personally known to me � whose identity I proved on the basis of r�1`,4\,, I�`��-- � � whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoin�instrument,and acl:nowledged that he/she/they executed the same as his/her/their free act and deed. S�'_-..� RAChcL DODG� � ��'�'�- � /-`_ < UC:C� ;� ��;'.; -, r�o�,a�r�usuc-MiN��or� Notary Public `� � ,_ :' h1y Ca�mission Expires Jan.31,2�5 .�-: . >: ��..�<.. Page 4 of 6 � � � �� O �, � � ��,�,.-� CIT�' of ORONO � �� `�' `�� ti �� . � ��,,�p RESOLUTION OF TNE�I�Y,�CO�UNCIL `gkESII04� N O. STATE INNESOTA COUNTY OF HENNEPIN , C� , �,�z��c� On this 7�day of (Y C�"y�'�C 2002, ��-z'�'"'� �I �C' � �C +�� personally appeared before me, J who is personally known to me ✓ �vhose identity I proved on the basis of (,�,��;' (_�L whose identity I proved on the oath/affirmation of , a credible witness and who eYecuted the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. � , f�C� �. C�-�— � �'��— �;°;'s'� RACH�L�ODGE Notary Public �.-0 l 1 NOT,a.�`!FU�L'C•h�I�tiE"�LV P',y Cc-.....,��i�xp;res J.,�. .. 2^��i - "'-.'..""-,-': Page 5 of 6 .. ,�J � U - - oRQ�'� C��Y � I � � �`y„s � � >o � ' , � s �+'� ...:::� . Q� - �,o.o, � Cer:lflcate of Survey for � � ; '; �; _..i_ `;. r '�e.o• . Y.evin Curley s • -•• . ,� �o I In Lots 4, 5, E 6, Block 3, Li �``J . .... •, _•.. � • Crystal Bay 1•ilnnetonka � •.r�.� ; � ""' � i°'` Henne�in County, Pllnnesota N :..s,. � ,�., _� � , 'it • �i t� �,sr:.� k...� N; ti I o � � � i e � EN '" ZY.ZY r � �:.5 ?� ° ! s a:a' S Gqrr�c' � o.o ��- - - - .._jz•'1� i � v � � , {i;• +- c� � � � I Y k, � i r .. , 1 h�reby certify that Lh►5 is a true and cOr- j roct representation o` a survey of the bound- � ' � er��s o` Lots 4 anG 5. BIocY. 3, Lrystal Bay s � � ':{nn�ionkz, also �tcrt� 1/i o` Lot 6, Block 3, , "- Crystal Bay. I•31nn�tonY,a described es follows: _� , 3e_innins at the nor[hetst corner of sald Lot 6; .�_ � a :��nce south 25 faet; tnence westerly parallet � :q� o ` �:;tn tne north Itne of said Lot 6 �o the Nest J' �' '� �in� therec`; thence north to the northwe5t � � �'' � corn>r of saiC Lot o: thence easterly to the w +� �-+ � 7oint of Deglnning, O � �:� end of the location of ali er.isting bufldinqs, •,� • ir any, thereon. Ii aoes noi Durport to shoN � .� ?' ' ' cn;• O:h?r ImprOv�R2nL5 or encroacnnents. � W � -- �—' -�� c� ..{ 'cd ' . .tt_,� :,,. .. �.t :, a,::�s . L.+ :.. a�.K w C.�N.!uay . /'7.wwin.ta 3� C �at.i';>nj, � � . o �:�wwc�-o�K 0 v • N ' L:..� ep'�...c'� _ :.-+.�.. _ . . _„�. e•,.n;:��:.:..� . .:i' .. : Cr=Fll; L G?.Of:9=P.G. 11::. �� .:' lii.UO ��• Y 1 ^ �` '-��,' /i�L�^�. �i. _�.�/-`�-C� (d�{�:y � � 11 I 1 �r V`9hi I(} 1 I Y� . � e�h�� S: �i•...=.�i � ��,U I�u F��.t+ 1 1��r;• S. Gronbere I•�1:. Li: ke. ili�S � — ' GorCon P. C�f;in I•��:. liC. t:c. 0004 o.��.��n�\��J—Gf�RAGB cncineers. LanG Surv=pros. Palnners '�l�61 � -��n�.,�:cii:';;i�:RE:I�Ia�rS LGfi_ LLY.e, i•�innesota \ - �^ �� r-� _ L Jtitn��Jr .i ` oY c1� � DATt e-z2-4s _ . � �_=;__: � inch : 20 {��: � Cc:.. . Got•er..Sg.^ 7 1, t�°; • � �ron rtrker �;unQ _ . ;r.n rtr::er 5-: Exhibit A . . � L� � � •� I.EGAL DESCRIPTION ; Lots 4 and 5, Block 3, Crystal Bay, Minnetonka, also the North If2 of Lot 6,Block 3, Crystal ; Bay, Minnetonka described as follows: Beginning at the Northeast comer of said Lot 6; thence : South 25 feet; thence Westerly parailel with the North line of said Lot b, to the West line thereof; ; thence Noc�tt� to the Northwest corner of said Lot 6; thence Easterly to the point of beginning, � Hennepin County,Minnesota