HomeMy WebLinkAbout#4463-variance-2000 , �
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�''.� G'`��j RESOLUTION OF THE CITY COUNCII
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A RESOLUTION GRANTING A VARIANCE
TO NIUi�tICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 14 (D) AND
SECTION 10.03, SUBDIVISION 15 (E)
FILE NO. 2�70
WHEREAS, Georae Stickney and Joan Oliverius, husband and wife, (hereinafter
"the applicants") are owners of the property located at 2�90 Countryside Drive within the City of
Orono (hereinafter "the City") and legally described as follo"�s:
Lot 2, Block 1, Countryside Manor 2nd Addition, Hennepin County, Minnesota
(hereinafter "the property"); 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 April 17,2000,at which times all persons desiring to be heard
.�ncernin� this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.03,Subdivision 14(D)to permit construction of a tennis court 30'from the
rear lot line where 50' is required, and Section 10.03, Subdivision 15 (E)to permit a 10' fence to be
constnicted in the rear yard where 6' is permitted.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
�Iinnesota:
FINDINGS
1. This application�,vas reviewed as Zoning File #2�70.
2. This property is located in the RR-1B ZoninQ District, where 2 acres or 87,120 s.f.
is the minimum lot area. The property consists of approYimately 2 acres.
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3. The Orono Planning Commission reviewed this application on April 17, 2000 and
recommended approval by a vote of 4 to 0.
4. The Planning Commission made the following findings of fact:
A. The two adjacent properties to the north(257� and 2605 Thoroughbred Lane)
would be those most impacted by the encroachment into the rear yard
setback. The tennis court is proposed to be located approximately 23 5'to the
residence located at 260� Thoroughbred Land and would be approximately
270' to the residence located at 2�7� Thoroughbred Lane.
B. - According to the City's most recent topographic maps the tennis court would
be located about 22' lower than the t�vo residences on Thoroughbred Lane.
The elevation of the tennis court would be at 1007' and the average floor
elevation of the residences is approximately 1029'.
C. Because the sun is generally located in either the east or���est sky it has been
an industry standard that tennis courts are constructed to direct play north
and south. To accommodate a court on this property and properly align the
court it has become necessary to encroach 20' into the rear yard setback.
There is a large portion of the property that is not developed to the rear of the
house that could not be used for a tennis court due to the primary mound
septic system being located in that area.
D. Accessory structures cannot be located closer to the street than the house.
Based on the court location and conditions by �vhich it must be constructed,
it is not possible to locate a tennis court on the property without requiring a
setback variance to the rear yard.
E. The applicant has addressed the hardship associated with the fence height
eYceeding 6' to avoid tennis balls from going over the fence, thus requiring
a 10'fence. Locating the tennis court 20'into the rear yard setback is the only
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location available to accommodate a standard size court due to the septic
system being located behind and east of the house. Homes impacted by the
rear yard setback encroachment are located 235' and 270' from the north
corners of the proposed tennis court. The court would be 20' lower than the
average main floor elevation of both houses.
�. The City 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 grantin�
the variance would not ad�-ersely affect traffic conditions, light, air, nor pose a fire
hazard or other danger to neighborin� property; ���ould 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 keepin� w�ith 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 Planning Commission, reports by City Staff, comments by
the applicants and the effect of the proposed variance on the health, safety and
�velfare of the community.
CONCLUSIONS, ORDER, AND COi�'DITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants
��ariances to Municipal Zoning Code Section 10.03, Subdivision 14 (D) to permit construction of a
tennis court 30' from the rear lot line where 50' is required, and Section 10.03, Subdivision 15 (E)
to permit a 10' fence to be constructed in the rear yard where 6' is permitted.
�pproval is subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicants attached to this
re�c'.�:i�: �� E:�hibit .`.. .°.:.;� .,....:d::ents *_^ the sit� plan may require further
Planning Commission and City Council revie�v.
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RESOLUTION OF THE CITY COUNCIL
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2. Final Landscaping shall be in conformance with the Landscaping Plan attached to
this resolution as Exhibit B. Final landscaping shall be installed prior to final
inspection of the court and fence.
3. 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 this variance will expire on that date
(May 8, 2001).
4. 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.
�. 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 meeting
held on the 8th day of May, 2000.
ATTEST:
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Linda S. Vee, City Clerk Gabr 1 Jabbour, Mayor
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Property wner (s) �
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instniment was acknowledged before me on this 8th day of May,2000
by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
'� ' ��:" �' ��. •�
Notary Public
STATE OF MINNESOTA ) �`��'
) ss. CAROLE A HASEMAN
COUNTY OF HENNEPIN ) ��,����
On this ��t" day of -�-��:,; , 2000, before me a I�Totary Public within
and for said County, personally appeared �: `�t�F;,�z�x.�Y�n C"I���>r��,i;hu_.b<<n��w w���.
known to me to be the person(s) described in and who executed the foreQoin� instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
.
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s�,°�y.,_CE° �(.1 �,�1,� r,�r.�zd-�/
Notary Public
STATE OF MINNESOTA ) -"'
) ss. CAROIE A HASEMAN
COUNTY OF HENNEPIN ) ���'��"
- �c�+on c-�..,ien.a�,2oos
On this day of , 2000, before me a Notary Public within
and for said County, personally appeared
l:no�vn to me to be the person(s) described in and �vho executed the foregoin� instrument, and
acl:no���led�ed that he (the��) executeu �i�e sani� a� .�is (their) free act �..�u uccu.
Notary Public
Page � of 7
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DESCRIPTION OF PREMISES : �
, Block 2, COUNTRYSIOE MANOR 2ND ADOITION �
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�enotes existing spot eievatian, mean sea leve� datum �
7enotes proposed apot elevation, maon aeo level datum
qs snown ore based upon o� ossumed doc�.r,. page 6 of 7
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PROPOSED ;
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STICKNEY RESIDENCE
CO�RT ; 259p COUNTRYStpE �FZ,
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