HomeMy WebLinkAboutResolution 5678CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO, 56To
A RESOLUTION GRANTINGA VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 78-420(b)
FILE NO. 07-3318
WHEREAS, Stephen Hopkins Otto, a single person, (hereinafter "Owner")
is the owner of the property located at 2185 Watertown Road within the City of Orono
(hereinafter "City") and legally described as: The South one acre of the following described
property: That part of the Northwest Quarter of Section 3, Township 117 North, Range 23
West of the 5th Principal Meridian described as follows: Beginning at a point on the North
line of said Northwest Quarter distant 961.68 feet West from the Northeast corner of said
Northwest Quarter; thence South parallel with the East line of said Northwest Quarter a
distance of 396.18 feet; thence West parallel with said North line a distance of 247.55 feet;
thence North parallel with said East line a distance of 396.18 feet to said North line; thence
East along said North line a distance of 247.55 feet to the point of beginning. Hennepin
County, Minnesota (hereinafter "the Property"); and
WHEREAS, Anders Holm has made application on behalf of the Owner to the
City for a variance to Municipal Zoning Code Section 78-420(b) to construct an addition to
the house as close as 20 feet from the south property line when a 50 foot setback is required;
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 September 17, 2007, at which times 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 #07-3318.
2. The Property is located in the RR -1B zoning district, where 2 acres is the
minimum lot area and 200 feet is the minimum lot width. The Property is
approximately 1 acre in area and 248 feet in width.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
3. The Planning Commission reviewed this application on September 17, 2007
and on a vote of 3 - 1 recommended approval of the variance, based on the
following findings:
a. The original part of the house was constructed around 1920, long before
the adoption of any setback requirements. The house is currently as close
to the south property line as 34 feet when a 50 foot setback is required.
b. The addition would add a room to the house. This room is necessary to
make reasonable use of the Property. There is no other location for this
room. The basement ceiling height is less than required for habitable
space. The internal arrangement of the house and the alternative septic
system preclude its placement on the north side of the house. The existing
septic system precludes reducing the amount of the variance by placing the
addition farther from the property line.
c. With the addition structural coverage would be 7.11 percent.
d. The addition would be screened from the property to the south by
significant trees which the Owner intends to preserve.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments
by the applicant and the public, 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 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 Owner but necessary to alleviate a
demonstrable hardship or difficulty, is necessary to preserve a substantial
property right of the Owner; and would be in keeping with the spirit and intent
of the Zoning Code and Comprehensive Plan of the City.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5678
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a variance to Orono
Municipal Zoning Code Section 78-420(b) to allow an addition to the house as close as 20
feet from the south property line when a 50 foot setback is required, subject to the following
conditions:
1. Council approval is based on the site and house plans submitted by the
Applicant and annotated by City staff, attached to this Resolution as Exhibits
A. and B. Any amendments to these pians may require finfher Planning
Commission and City Council review.
2. By separate document the Owner shall provide a conservation easement to
guarantee preservation of the trees along the south property line.
3. Authorities granted by this resolution run with the Property not with the
Owner, but are permissive only and must be exercised by obtaining a building
permit for the new construction before October 8, 2008 or the variance will
expire on that date.
4. 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.
5. The undersigned Owner has read, understood and hereby agrees to the terms of
this resolution and on behalf of his heirs, successors and assigns, hereby agree
to the recording of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this 8th day of October, 2007.
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ATTEST:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO
Linda S. Vee, City Clerk James M. White, Mayor
Stephen Hopkins Otto
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of
2007 by Stephen Hopkins Otto, a single person.
Notary Public
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MINUTES OF THE 5 6 7 2
ORONO CITY COUNCIL MEETING
Monday, October 8, 2007
(9. #07-3316 MARK ASHTON WITH JOHN TERRANCE HOMES, LLC, ON BEHALF OF
MITCH COOK OF CENTRAL BANKAND LARRYPALM OFLGL REAL ESTATE
INVESTMENTS — STONEBAY OUTLOT A, Continued)
Curtis stated the City's engineers have reviewed the plans and they were satisfied with the amount of
stacking anticipated based on the applicants' numbers.
Kellogg stated they did have a concern that the drive-through would not be adequate if this was a
different type of bank or other retail use and that they have taken the applicants' word on the amount of
traffic through the drive-through.
White commented this appears to be probably the best plan that he has seen for this site to date and that
the buildings are distinctive and impressive.
Rahn inquired whether the applicants are okay with the comments of the city engineer and the fire
marshal.
Mohagen stated they are.
Murphy moved, McMillan seconded, Application #07-3316, Mark Ashton with John Terrance
Homes, LLC, to direct Staff to prepare a Preliminary Plat Resolution and Resolution Granting
General Concept Plan approval for adoption at the October 22"a Council meeting. VOTE: Ayes
4, Nays 0.
*10. #07-3318 ANDERS HOLM ON BEHALF OF STEPHEN H. OTTO, 2185 WATERTOWN
ROAD — VARIANCE — RESOLUTION NO. 5678
M rghy moved; McMillansggonded. to adopt RESOLUTION NO. 5678, a Resolution Granting a
Variance for the Property Located at 2185 Watertown Road. VOTE: Ayes 4, Nays 0.
MAYOR/COUNCIL REPORT
Murphy stated there will be a meeting with Mn/DOT concerning the roundabout and that they would
like Mn/DOT to relocate the line of takeover from behind the intersection to the county, which in the
City's opinion will help facilitate the construction of the roundabout. Murphy noted Mn/DOT has not
responded on whether there will be any stacking on the ramps during rush hour.
White stated he did view the roundabout that has been constructed near Cottage Grove and that the
roundabout is a great concept in certain situations.
McMillan commented the citizen's police academy is going well and that they learned about traffic
stops at the last session.
White commented the City's policies should be clear on what would occur in the event of a major
emergency and that the City should ensure they have the appropriate amount of insurance to cover a
catastrophe.
White noted Tess Rice was named by the Finance Commerce Magazine as one of the top women in
Minnesota involved in finance.
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