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Home My WebLink AboutResolution 2606 . -. �•��r,�'' ,V�� C�� of ORONO ..{ � � • a ` ._ Y MY � .rY ; . .w Q "'�v,�-4 , �+,�8�, : �',, ,�;,� RESOLUTION OF THE CITY COUNCIL '� 2606 �� Y,� x ° NO. • _ �'� ar` ,��;` • • • • � •.x:: A RESOLDTION GRANTING A VARIANCE TO MITNICIPAL ZONING CODE SECTION 10.27, SIIBDIVISION 5 (B) FILE #1378 WH$REAS, Kamil Ugurbil (hereinafter "the applicant") is the owner of the property located at 4605 Watertown Road within the City of Orono (hereinafter "City") and legally described as follows: Lot l, Block 1, McCulley Farm, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the construction of an addition to the existing residence located 35'7" from the west side property line instead of the required 50' setback. • Variance sought by applicant is 14 '15" or 30�. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1378. 2.. The property is located in the RR-lA Single Family Rural Residential Zoning District requiring a minimum of 5 acres and 300' of width. The progerty consists of 5+ acres and 420' of width to the rear of the front yard setback line as required by code. 3. The Orono Council reviewed this app lication on March 13, 1989, and recommended conceptual approval of the proposed variance based upon the following findings and hardships noted be the app licant: A) Expansion at the north side of the existing residence would create the following hardships: i. The proposed layout of existing and proposed room locations would not relate to the kitchen on the north side of the house. � ii. The addition would be placed closer to the busy County Road. " Page 1 of 5 . , . . ` �4h}�. ��I'�`t�..^ • � ORONO � �,�5` Clt� O . �� ; • � �'�'r �` RESOLUTION OF THE CITY COUNCI L £°',� • �,�. NO. 2606 � � ,-,. .__.• � iii. An addition to the north would require the removal of mature trees. iv. The septic system that serves the existing residence is located to the north side of the house. B) The expansion to the east side of the existing residence would � create the following hardships: i. The east side of the house is the most visible when approaching from the access drive. ii. Addition would make existing dining room area an interior room with no natural lighting and as a result will have no views or windows. iii. The existing porch structure would be lost if • expansion is to the east. C) Expansion to the south would create the following hardships: i. Main entry is located on this side in relation to driveway termination point and the garage location. ii. The existing Forch would be destroyed. D) Existing plantings and shrubs along the west side provide screening year round from adjacent residence to the west. . E) The major view windows and house layout of residence to the west living areas are on opposite side of house and the proposed � addition to the applicant's residence would provide no visual impact upon the existing residence. F) The existing house is located to the extreme west side of the five acre lot with 400+ feet of width. The existing residence is located 47'8" from the west lot line. The RR-lA zoning district requires 50 ' . G) The addition to the west side of the house would maintain the character of the Minnesota farm home providing the owner with a functional new floor plan. • H) The proposed addition to the west will not require the removal of trees on the property. Page 2 of 5 �� {. �� ✓ `� �� Cit� o� ORONO �� . �t k • � �"�'`'�"� RESOLUTION OF THE CITY COUNCIL ; `�� `t��; NO. 2606 � . °� ! ` ��, „ a. x; �.�_..• • , ., 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a sub- stantial property right of the app licant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. _ • CONCLIISIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the construction of an addition to the west side of the existing residence requiring a variance setback of 14'5" or 30� within a zoning district that requires a 50' side setback, subject to the following conditions: . l. Authorities granted by this variance run with the property not with the applicant, 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 (March 27, 1990 ) . � 2. 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. . 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. • Page 3 of 5 c�ty o� oR,oNO - • RESOLUTION OF THE CITY COUNCIL � � NO. 2606 • � � • Adopted by the Orono City Council on this 27th day of March, 1989. ATT T: ��` . 0 othy allin, City Clerk Edward Callah , Jr. , Acting M or . Property ner(s ) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this • 27th day of March, 1989, by Edward Callahan, Jr. & Dorothy M. Hallin, Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was execu ed on behalf of the City. � No ary u}�;;;�r� LAURIE K. FFLER ;:��"�i:Q __ ��;j;i.� NOTARY FUeL�C— NNESOTA " ' =C��"`._i�Y HENNEPIN COUNTY �<..,':�;�:��.v My commission expiros6•8-93 My Commission Expires • Pa e 4 of 5 g ,� , ;;r �" �4 f�� 4 ��.{ Cit� of ORONO � �� ,�. • � r ; '' �`A ` "��t� `'" "�+`� �� "�� RESOLUTION OF THE CITY COUNCIL � �� '� �r `.��y.:�� -�' NO. 2606 �J:}`'4a�r > „ ' • ' • • : �, r• STATE OF MINNESOTA ) , ) ss. COUNTY OF HENNEPIN ) On this ��v "-'- day of �(�C/1_C�_ � 1981 before me a No ry Publi within .and for said county, personally appeared known to me to be the pe on(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. . �� (�c G�='�� ' • ��pPg�S�4MiNN�oT� NOTARY PUBLIC �HEN��.�e-s2 . �-�-9a . MY COMMISSION EXPIRES � ;� STATE OF MINNESOTA ) � )ss. � COUNTY OF HENNEPIN ) On this day of , 198 , before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they ) executed the same as his (their) free act and deed. NOTARY PUBLIC • MY COMMISSION EXPIRES � Page 5 of 5