The URL can be used to link to this page

Home My WebLink About#6364-variance-2014 � o� 0 ,.�,, O CITY of ORONO =�� ,` , a �(��'�� s � RESOLUTION OF�T�E�I�Y COUNCIL � � �� m��. �L�u�'�F,�� g�G'� NO. kESHO A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-395(B) FILE NO. 13-3632 WHEREAS, Daie Robert Richardson and Tamara Richardson, a married couple (hereinafter "the Applicants") are the owners of the property located at 4325 Chippewa Lane within the City of Orono (hereinafter the "City") and legally described as Lot 1, Bfock 1, Chippewa, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, on April 4. 2013, the Applicants requested a building permit in order to constru�t an 8' x 8' deck 34.4 feet from the west side lot line where 50 foot side yard setback is normally required; WHEREQ,S, on April 9, 2013, the Appli;,ants were notified by Planning Department staff that the building permit appli�ation was incomplete; WH�R��;S, in August 2013 the City Building Official inspected the Property and observed the deck had been constructed without proper City permits. The Appficants were notified that an af�er-the-fact building permit and after-the-fact variance would be necessary in order to allow the deck to remain on the Property; WHEREAS, the Applicants have made application io the City of Orono for an after-the-fact variance to Orono Municipal Zoning Code Section 78-395 (B) to allow the as- constructed 8' x 8' deck to remain 34 4 feet from the west side lot line where 50 Toot side vard setback is normally required and a 28 foot setback currently exists for the existing home; and WHERE�S, after dup pubfished notice and mailed notice in accordance with Minnesota Statutes and the Orono, Ninnesota, City Code, the Orono Planning Commission hefd a pubiic hearing on January 21, 2014 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, TH�REFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 13-3632. Pa�e 1 of� � o� 0 ,�, O CITY of ORONO .�a:�� ..=� � ��*�,�, � RESOLUTION OF THE CITY COUNCIL �'� �yR"�r��i9'i�'"��?� �~ No. b 3 b 4 I�r,��i�,.� � �kESHOg' 2. The property is located in the RR-1A One Family Rural Residentiai Zoning District which requires a minimum lot area of 5.0 acres and a minimum lot width of 300'. 3. The Pianning Commission reviewed this application at a public hearing held on January 21, 2014 and recommended approvai of the variance based on the � following findings: a. The Property contains 43,512 square feet (1.0 acre) in area and has 149 feet in width. b. Sanitary sewer is not available. c. The substandard area and width of the Property combined with the location of the existing home make it difficult to construct conforming additions or appurtenances. d. The 8' x 8' deck is located at the rEar of the home and is in line with an existing patio door. Previously a landing existed outside the patio door. e. The Appficants' request will alleviate a practical difficulty inherent to tne Property and not ;,rEa'ted by the Appiicants. f. The Appficants' request will not alier the essential chara�ter of the neighborhood and will resul; in minimal negative impact on adjacent properties. g. The Appiicants' request is in harmony with the purpose and intent of the ordinance. h. The Appficants have aemonstrate� that enrorcing the setback provisions o� the Zoning Ordinance deprive th� Appii:,ants of the reasonable use of the Property. 4. The City Council has cor,sidered this appii;,ation includin� the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants 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 the Property are peculiar to it and do not apply generally to other property in this zoning district; that granting Page ? of� � o� O 4,�,` O CITY of ORONO �:� �;..�< �� ,� � ��`� �'��,,;� - � RESOLUTION OF THE CITY COUNCIL �'� ��',�,�� ,� No. b 3 b 4 l �� kEsHog 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 Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIOI�S, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-395(B) to allow the as-constructed 8' x 8' deck to remain 34.4 feet from the west side lot line where 50 foot side yard setback is normally required, subject to the following conditions: 1. Council approval is based on the survey submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site pian which are not in conformity with City codes will require further Planning Commission and City Counci! review. 2. Authorities granted by this resolution run with the Property not with the Applican"ts, but are permissive only and must be exercised by obtaining an after-the-�act building permit for tne new deck and passing th� required inspection of deck. tin inspeciion must be compieted within one year of the date of Coun�i! approval, or the varianc� wili expire on that date (February 10, 2015). 3. Viofation of or non-compiiance with any of the terms and conditions of this resoluiion shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and srall be qunishabie as a misdem�anor. 4. Tne undersigned Applicants have read, understand and 'nereby agree to the terms of this resolution and on beh�alf of the Applicants and tne Applican"ts' heirs, successors and assigns, hereby agree to the recording of this resofution in the crain of title of th� Propert��. Adopted by the Orono �ity Coun�ii on the 10h day of r-ebruary, 2014. Page 3 of� � o� O :;,, O CITY of OROl\TO �,.o.,�� `.. � � ,��1�,�:� r,,., � RESOLUTION OF THE CITY COUNCIL � ��.�,. '� '� 'ti N O. � �,.,��, �, � � � �I L ��r�� kE8H04 ATTEST: 7 , / � � - � � , :. f:Ce i `�..� l �C%� <_ �%� '�-. Ra_chef Dodge, C� y,�r A Lili Tod McMillan, Mayor �. , �� .,,� , _ /t, -'%� %! C r �� "e —_________ — `�---z , , �" _� �� (��'7 rr`�� Property Owner(s) � Pa�Te 4 of� . � � O ' V 0 , ,, O CITY of ORON� �ti�; ,� � ��j��'�,��f� 4�. � RESOLUTION OF THE CITY COUNCIL f�}��'f��,�.,�� G�' �, � n A s{;�rr NO. � ��' ��s��. ��-� `�kEs�Ho�"� STATE OF MINNESOTA COUNTY OF HENNEPIN 5�- n/� _ ,� I, This instrument was acknowledged before me this�� day of ' V �.�I.IC�- , 2014, by Dale Robert Richardson, husband of Tamara Richardson. ��"�''':sr,h � <�i,� �� MONIC/�A.FADNESS ' '��t1� NOTARYPUBLIC-MINNESOTA � �� :~'��y Cem�mission Expires Jan.31,2017 � �,,,�: ,:_ ,� Notary Public �.�-.,�-��T-y=�...;� STATE OF MINNESOTA COUNTY OF HLNNEPIN `� This instrument was acknowledged before me this �day of '�'�+�'e�2014 by, Tamara Richardson, wife of Dale Robert Richardson. �..s.s � � V, � � "�� MONICAA.FADNESS Notary Public , � NOTARY PUBLIC-MINNESOTA �< 'N ,,;LLg h�y Commission Expirx;,lan.31.2017 :��='�.. Pa�e � of� " ' CRRTIFICATE OF SURVEY FOR Resolution � Exhibit A DALE RICHARDSON OF LOT 1 , BLOCK , CHIPPEWA RECEIVED HENNEPIN COUNTY, MINNESOTA NOV 15 2013 CITY OF ORONO N 89°26'00"W 149.01 ' ---- 6 � b 4 - 1 2 PROPOSED�•;6'0" SHED N O O O N O � O c oecK DECK � � M .... 34.4 ...... T ....................i. : � 47.7 � � 282 � 55.3 � ....................{. 22.1 "'.......""'_'--""'...........""""' _ � EXISTING HOUSE `r' o � � � u i�JLJ � �. I T � r Z ...-"'..28:9........ 416 p 3 � O x wEu Z � w > � 0 a O Y U S :o m ;m � :o z � � X W I ___ I , - � ROAD EASEMENT SHOWN ON COUNTY MAP m —��---- ---- , � ---- ^: Q�°2��cc��^r ;�s.c� � N `� CHIPPEWA LANE N —————————— LEGAL DESCRIPTION OF PREMISES: Lot 1,Block 1,CHIPPEWA � . denotes iron marker found o denotes iron marker set This survey shows the boundaries of the above described property and the location of an existing house,deck,and driveway thereon. It does not purport to show any other improvements or encroachments. I hereby certify that this survey, plan,or report was prepared by me Sr��`r GRONBERG&ASSOCIATES,INC. or under me direct supervision and that I am a duly Licensed Land Surveyor 1"=30' S coNsuiTiNc eNcweeRs,uNo suaveroRs. under tne laws of the State of Minnesota. on.�� ! SITE PLANNERS ��-��-�� 9 445N.WILLOWORIVE 1'�-1:-1;� n LONG LAKE.MK 55756 'n��.[i''� T �� J02 NC 957d73-0td1 � -- ��_y�? Marl;S.Gronbero Minnesota License IJumbe�12755 � 13-'1�� . c • 1 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on February l Oth, 2014, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corporate seal of the City�this_��c�ay of�� o , 2014. , ';. � � , �-� G'�C' ��'�J City Clerk ;; _ , . �,-; '�,, ��. � �� '. '�,• �f ,, - � J ' � •.�� '�,'�� .i, � �'' 1 1 �� , "t i . �' . � �n • `? _ �ty, ,^ Y� .. . . '� �.'}� �. ;4 �� ,ry ti�`':; � �� } A'�,' 1 a.�, � �.x.�s:;.` _ � ..f�. ', , �[3�- ��,,� �`u�- Doc No A10127834 Certified, filed and/or recorded on Oct 14, 2014 2:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McMormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 97 Pkg ID 1164793M Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document.