The URL can be used to link to this page

Home My WebLink About#4949-grant a variance/deny a variance . � O� O �� O ��--- � CITY of ORONO ,� �3�,-��,_ , �., �'C� � �� R G ESOLUTION OF THE CITY COUNCIL L�kESH�4� NO. '$ 9 �� A RESOLUTION GRANTING A VARIANCE TO 1�ZUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) AND DENYING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C) FILE NO. 02-2863 WHEREAS,Richard L.Kail and Diane M. Supernant(hereinafter"the applicants") are the owners of the property located at 3753 Casco Avenue within the City of Orono(hereinafter "the City") and legally described as follows: Lots 7 and 8, Block 4, "Casco Heights",Hennepin County,Minnesota, (hereinafter "trie property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) and Section 10.03, Subdivision 14 (C) to allow construction of a new single family residence to replace a pre-existing residence on a.37 acre lot in the LR-1C Zoning District where a .5 acre minimum lot area is required; and to allow said new resi3ence to be 3,262 s.f. (20%) of lot coverage by structures where 2,414.25 s.f. (15%)is allowed; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on January 22, 2003, at which time all persons desiring to be heard concernin�this application were given the opportunity to speak thereon. NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#02-2863. 2. The property is located in the LR-1C Zonin� District, where 0.5 acres is the minimum required lot area. The property consists of approximately 0.37 acres. Page 1 of 5 � o� o �., o �;��;, CITY o� ORONO � � � ,� � ,��,� �, � _:�� G~' RESOLUTION OF THE CITY COUNCIL ��kESHOg'� NO. _ �. � �. :, 3. The property contained an existing residence foundation and detached garage originally built in 19�0, �vhich was destroyed by fire in 1998, leaving only the foundation and a detached garage. 4. The Orono Planning Commission reviewed this application on January 22, 2003 and recommended approval of the lot area variance and denial of the lot coverage by structures variance by a vote of 6 to 0. The Planning Commission made the following finding of fact: A. The lot area of 0.37 acres is sufficient to allow reconstruction on the site, where a residence has previously existed for many years. B. Removal of the existing foundation and building a new residence is ne�v construction requiring that all lot standards must be met. C. There is insufficient hardship to support the requested lot coverage by structures variance. The need for extra stora�e and lack of land to combine suggested by the applicant as a hardship, can be ameliorated by downsizin� the desijn of the residence to meet the required lot coverage by structure limitation. Furthermore,�r-hile the land adjacent to the subject property is a platted alley, the City does not intend to vacate it. 5. The Citv Council finds that the conditions eYisting on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the - variances�vill not adversely affect traffic conditions, light,air,nor pose a fire hazard or other danger to nei�hborina property;�vould 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�vould be in keeping«�ith the spirit and intent of the ZoninQ Code and Comprehensive Plan of the City. � 6. The City Council has considered this application includina the findinas and recommendations of the Plannin�Commission, reports by Cit}� Staff, comments by the applicants and the effect of the proposed variances on the health, safety and ��elfare of the community. Paae 2 of 5 , , � O� O �� O ��_,� , ,,, � CITY of ORON� ,� � } �;� �� G�' RESOLUTION OF THE CITY COUNCIL �kEB�4 NO. _ � � � ey CONCLUSIONS, ORDER, Al\'D CONDITIONS Based upon one or more of the above findin�s, the Orono City Council hereby grants a va:iance to Municipal Zoning Code Section 10.25,Subdivision 6(B)to allo�v constniction ofa new sinale family residence to replace a pre-existing residence on a .37 acre lot in the LR-1C Zoning - � District �vhere a .5 acre minimum lot area is required; and to deny a variance for lot coverage by structures for said construction. Approval is subject to the following conditions: 1. No variances other than lot area are granted by this resolution. The applicant must provide construction plans meeting all city lot requirements in order to obtain a building permit. 2. Authorities granted by this variance run with the property not�vith the applicants,but are permissive only and must be exercised by application for a building permit�vithin _ one year of the date of Council approval, or these variances ��-ill expire on that date (April 14, 2004). 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 undersiQned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assians, hereby a�ree to the recordin�of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono,Minnesota at a re�ular meetino held on the 14th day�of April, 2003. � ATTEST: / J � Ir�"U/ -- � n� 1 ' � ��/� �/� r � n�l r n��"`=Z'/✓ Linda S. �.'ee, City Clerk Barbara A. Peterson, Nlayor , � , � e �.Y/�� / � Property O�rner(s) Pa�e 3 of 5 � °� ��.�� - �-��.�- CITY of ORONO �a ��;�� ; .:��s� �� G~' RESOLUTION OF THE CITY COUNCIL ��k SH�4� NO. � � --� ��y STATE OF M � � ESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 14th day of April, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instniment�vas e�ecuted on behalf of the City. t �a RACHELDODGE t ��( �= � NOTARY PUBLIC-�RINNE^OTA ��Q�C�� '� �4 � P.ty Gomrr,;ssion Expires Jan.�;,2045 � Notary Public �'s��......�.___-. ......_ ....._a.:�c<;,_.c_.....c..._._., . STATE OF MINNESOTA COLT�'TY OF HENI�TEPIN � The foregoinj instrument was acknowledged before me on this�_day of April, 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument w � f the City. t;� ��";'� RAC{-iEL DODGE �'� �� NCTi,:-^,Y PilSLIC•h:!N�:�"OTA `� �� (J�L�(, � (�: �/Cr.;;r-.. '1 Crr f2 .;�i ��i:7 ��"�.. �;Y_ . . .. Notary Public STATE OF MIi��'ESOTA COU'iV'TY OF HENNEPN ��. - On this��day of �v ,2003, ��h/'t r�.� L - ,� "/ -;" l��(� personally appeared before me, � ✓ «�ho is personally known to me ✓ ��hose identity I proved on the basis of � �' j�� hose identity I proved on the oath/affirmation of ' a credible witness and��ho e�ecuted the fore�oinQ instniment,and ackno�vledged that he/shz/they eYecuted the same as his/her/their free act and deed.� � - '/ ' i � // ^,��ZCI-t, '�� .� "'-.�, �-`"�r M. LES�iNEP� Notary Public s't�� _�.,.,_ ' '` "�.ti"; P!^'A.RY PU3UC-MINtJcSOTA � �. ;'�`�� kty Commis�ion Expires Jan.31,2005 „�,;. Page 4 of 5 � �� O��\ O ��;�- CITY of ORONO a �� ;:,:; � '� � � �� _:�� ti � �' �,. G RESOLUTION OF THE CITY COUNCIL l�q � �g,� kESH� NO. d � �. <� STATE OF MINNESOTA COUNTY OF HENNEPIN On thisZ�'r'day of �ui�. , 2003, �;c�n;� M. ��L�e�nar�t; s, ��I� personally appeared before me, who is personally l:nown to me ;i whose identity I proved on the basis of � �� whose identity I proved on the oath/affirmation of � a credible �vitness and�vho executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. ,� :�� / � �' n x ' � GENISE M.LESKINEN � 'J_� - _ NOTARYPUBLIC-MINNESOTA Notary Public -:;,�:. My Commission Expi;es Jan.31,2005 `} :� Pace 5 of S