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Home My WebLink About#4664 - variance � � /�/ �\ '� °�\ 0 0\�, �e. - , �I� CITY of ORONO � ti�; , ��t �G��; RESOLUTION OF THE CITY COUNCIL . 9gESH�� / NO. � �i � � �,� A RESOLUTION GR�NTING A VARIANCE TO l�1UNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION � (B), FILE NO. 01-2681 WHEREAS,Roger A.Day,(hereinafter"the applicant")is the o��ner of the property� located at 120� Brown Road South within the City of Orono (hereinafter "the Cit��") and legally described as follows: Lot 1, Block l, Nlaxwell's Addition to Crystal Bay Lake Minnetonka, Hznnepin County, Minnesota (hereinafter "the property"); and WHEREAS,the applicant has applied to the Cit��for variances to�lunicipal Zonin� Cod� Section 10.?8, Subdivision � (B) to permit a 16' X 6' residential kitchen addition to the rear of the ezistin� residence located 20' from Lakeview Avenue�vhere �0' is required and a?2' setback to the sidz property line ��here �0' is required; and Section 10.28, Subdivision 5 (B) to permit a 12' z 6' porch to the front of the eYistin� residence located 23.2' from Lake��ie�� A��enue «�here �0' is required. `VHEREAS, after due published notice and mailed notice in accordance ��ith Minnesota Statlites and the City of Orono Zonin� and Plannin� Codes, the Orono Plannin� Commission held a public hearin� on June 18, 2001, at which time all persons desirin` to be heard concernin� this application were given the opportunity to speak thereon. NO�V, THEREFORE, BE IT RESOLVED by the Ciri� Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as ZoninQ File #01-2681. 2. The property is located in the RR-1B, Sin�le Family Rural Residential Zonina District. � � 3. The Orono Plannina Commission revie�ved this application on June 18, 2001 and recommended approval by a vote of 7 to 0. Page 1 of 5 ;,=o� ,� �� o o�, � �d. - '� CITY of ORONO � '"'� �;, � �,��i RESOLUTION OF THE CITY COUNCIL ��kEs_H�� No. 4�� 4 The Planning Commission made the following findin�s of fact: A. The property was developed in 19�3 prior to the adoption of the zonina ordinance. B. The e�cisting house is located 3.�' and 6.85 from Lakeview Avenue and 8.�' and 9.2' from the side lot line. C. The setbacks on the property leave a minimal building pad that could not be used for additions to the eYisting structure. D. The property is located in the Crystal Bay neiQhborhood where most lots are similar in size and dimension to the applicant's property. E. A platted,but undevel�oped,alley is located immediately east of the property. The City of Orono has no intention to open the alley for construction of a public right-of-way. F. The height of the house will not be increased b}� the proposed addition. �. The City Council finds that the conditions eYisting on this property are peculiar to it and do not apply generally to other propert�� in this zoninv district; that granting the variances will not adversely affect traffic conditions, li�ht, air, nor pose a fire hazard or other dan�er to neiahboring property; would not merely serve as a con��enience 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 ��ould be in keepin� with the spirit and intent of the Zonin� Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Plannina Commission, reports by Cit}� Staff, comments b�� the applicant and the effect of the proposed variance on the health, safety and �ti�elfare of the community. Page 2 of� , 1 --�t ,-�'"O \ � �o o��;�, ' CITY of ORONO I1�,,� `° y,,'! , � � � .� �'�/j� RESOLUTION OF THE CITY COUNCIL �\��kESH�j� NO. � � � �t \�_� CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a ��ariance to Vlunicipal ZoninQ Code Section 10.28, Subdivision � (B) to permit a 16' X 6' kitchen addi�ion to the rear of the e�isting residence located 20'from Lakevie�v Avenue where�0'is required and a 2?' setback to the side property line where �0' is required; and Section 10.28, Subdivision � (B) to permit a 12' x 6' porch to the front of the existing residence located 23.2' from Lakevie�v A��enue ��here 50' is required. Approval is subject to the following conditions: 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 Planning Commission and City Council review. ?. Authorities aranted by the variances run�vith the property not with the applicant.but are permissi��e only and must be exercised by application for a buildin�permit�vithin one year of the date of Council approval, or these variances will expire on that date (June 2�, ?00�). 3. Violation of or non-compliance��ith any of the terms and conditions of the�ariances 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 and o�vners have read,understand and hereby a�ree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby aQree to the recording of this resolution in the Chain of Title of the property. Adopted by the Cin� Council of the City of Orono, Minnesota at a regular meetin� held on the ��th day of June, 2001. Page 3 of� , � ---�� ,- � � � '��' �'�\ O O � ��b - '�, CITY of ORONO ,� ,��'� � � �i �� G�� RESOLUTION OF THE CITY COUNCIL `�IfESHpj NO. � � � � AT"I'EST: �� , �� - C:� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor / Prop O�vner Property O«ner STATE OF NIIi�Ii�rESOTA ) ) ss. COLTNTY OF HEN�EPIN ) The foregoing instrument ��-as ackno«-ledaed before me on this 2�th day of June, 2001 by Barbara A. Peterson and i inda S. Vez. Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument ��as eYecuted on behalf of the City�. �� RACHEL DODGE �c� �. .��-� �-�«!9`-�' NO?I1RY PISIIC-MWNE^OTA I�rConn�eelonExphea,tan.s�,2oos Notary Public STATE OF MI�INESOTA ) ) ss. COUNTY OF HEN�IEPIN ) On this �<< �`�' day of �--��t�`k.- , 2001, before me a tiotary Public within and for said Count}�, personally appeared � -r /� . .� '� kno�ti-n to me to be the person(s)described in and�vho eYecuted the for� going instrument,and acl:nowledged that he (they) executed the same as his (their) free act and deed. � �- � RACIiEI.DODGE �lc.�d�.,L-�`' �-J��'� �. � ��'�'�A Not Public , Wy�ormibdon E�Yu,l�n.31.1D06 �' Page 4 of 5 i Exhibit A � � ,� �k � � � N �o ALLEY 6�.9v i4 f -- — � J S 25°40� 50�� w 68.65�P,�'J`,' � � � °s o� � J 9 � •J :��_/ O ;.yT �. � �n � .., � o � :�c� � � � � �, � � � �� , � a�'o � �o ' � `" o �' ti° � `� �� ° 8.5 15.33 ��" `C�.Y`1�.S,c�� Ui Jd �-X�\♦ �' � . 0 o EX�S 4¢�2 �.a'' ,�,� � : r�ESNo�jo G HOUSE N o � � � � G A R qG� F� E 1 E V g 52.1$ � � p ✓ � � g 2 �R 2�1_EV 949.4 7 � 1 � -P .C. v � 1 Yc� � 21.0 . � �' ' " I �' � �,�.:•• � � a � � �s � \ 3 � Q�� . �� .., 1 J ` �' � � ti .✓ �� i � � � /� /' ��: , � Q ` p� 9 9 �„ � :� � :� m ! . � � � 1 1 : 1 i � 990 � ' � � � � R�2322.80 y � � �� `� a=01°12' S8" � �'y .J I_=49.30 �L��'� � T ��t9 �� ! � N gROWN ROA � � D � (C4. 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