HomeMy WebLinkAbout#4687-variances-2001 � �
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��D - CITY of ORONO
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�� �,��% RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING VARIANCES
TO I��IUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2,
AND SECTION 10.56, SUBDIVISION 16(L)(2),
FILE NO. #01-2700
WHEREAS, Vincent R. Anderson and Virginia B. Anderson, (hereinafter "the
applicants")are the owners of the property located at 185�Concordia Street within the City of Orono
(hereinafter "the City") and legally described as follows:
Lot 2, Block 1, Fagerness Woods, Hennepin County, Minnesota (hereinafter "the
property"); and
�VHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to allow 49 s.f.
(.53%)hardcover in the 0-75' setback area where 49 s.f. (.53%) s.f. eYists and 0 s.f. (0%) is allowed
to permit replacement of walkway and steps; Section 10.22, Subdivision 2 and Section 10.56,
Subdivision 16(L)(2)to allow 6,060 s.f.(34.35%)hardcover in the 75-250'setback areawhere 6,084
s.f. (34.49%) exists and 4,410 s.f. (2�%) is allowed to permit replacement of walkways, decks and
to enlarge the deck on the north side of the residence.
�VHEREA�, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Plannin� Codes, the Orono Planning
Commission held a public hearing on August 20,2001,at�vhich time 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 #O1-2700.
?. The property is located in the LR-1 C Zoning District,w�here .5 acres is the minimum
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required lot area. The property consists of approximately .62 acres or 26,860 s.f.
3. The Orono Planning Commission reviewed this application on August 20,2001 and
recommended approval by a vote of 7 to 0.
4. The Planning Commission made the follo�ving findings of fact:
A. The hardcover in the 0-75 setback zone is remaining the same.
B. The hardcover in the 7�-2�0' setback zone is decreasing from 6,084 s.f.
(34.49%) to 6,060 s.f. (34.35°/a).
C. The walk�vays and decks, except for the expansion on the north side, have
existed for many years in the same location. The �valk��ays and decks are
bein� replaced due to the deterioration of the esisting railroad ties.
�. The City Council finds that the conditions existin� on this property are peculiar to
it and do not apply generally to other property in this zoning district; that granting
the variance will 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 demonstrable hardship
or 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.
6. The City Council has considered this application including the findings and
recommendations of the Plannin� Commission, reports by City Staff, comments by
the applicants and the effect of the proposed variance on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER, AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants
variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision
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�� G'��� RESOLUTION OF THE CITY COUNCIL
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16 (L)(2) to allow 49 s.£ (.53%)hardcover in the 0-75'setback area where 49 s.f. (.�3%) s.f. exists
and 0 s.f. (0%) is allo�ved to permit replacement of walkway and steps; Section 10.22, Subdivision
2 and Section 10.�6, Subdivision 16 (L)(2) to allo�v 6,060 s.f. (34.35%) hardcover in the 7�-2�0'
setback area where 6,084 s.£ (34.49%)exists and 4,410 s.f. (25%) is allowed to permit replacement
of walkways, decks and to enlarge the deck on the north side of the residence. Approval is subject
to the following conditions:
1. Council approval is based on the site plan submitted by the applicants attached to this
resolution as Exhibit A. Any amendments to the site plan may require further
Planning Commission and City Council review.
2. 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 these variances will e:cpire on that date
(September 10, 2002).
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 undersigned applicants have read, understood and hereby a�ree 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 lOth day of September, ?001.
ATTEST: „
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Linda S. Vee, City Clerk , Barbara A. Peterson, Mayor
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Prop,�rty Ow-ner (s)
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STATE�INNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument�vas acknowledged before me on this l Oth day of September,2001
by Barbara A. Peterson 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.
XA �RAt�.DODGE A _ j;,'�:�_�G:_ �__ � l�C�=''/_-�"v
: �
- �"h'�°""W0"�'�'3t'� Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this � ' � � � day of ��'•'�! �r:`-; � '�;�`� r� , 2001, before me a Notary Public within and
for said County, personally appeared _ ! , f :r'.� , �i- ���;. � >>� �j�-! _�,c� , ;i-��r r i F�t_�known
to me to be the person(s)described in and who executed the foregoin�instrument,and acknowledged
that he (they) executed the same as his (their) free act and deed.
�� RACHEL DODGE '-/` ��. � i'- ._ _ �� �Jo�-�/_<.,
, •.���� NOTARY PUBUC.MINNE^ora
'� °�,.,.,... MY Commission Expi2s Jan.31,z�r.; �, Notary Public
, .
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..,__".cc._,_�..;'�_:-.rati:. . . . � .
STATE OF MINNESOTA )
) ss.
COU�ITY OF HENNEPIN )
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On this � � day of ` ` �i-'i (';i,i� i(j � , 2001, before me a Notary Public within
and for said County, personally appeared ', , , %t , ; �, i .� -t �;- f=?� �r 1.� ; �� ,�-� � (i � (i 1"�r [ c Y'
kno�vn to me to be the person(s) described in and who executed the foregoing instrument, and
ackno�vledged that he (they) executed the same as his (their) free act and deed.
'� ' ' )
� RACHEL DODGE �`._�r::.�6:_�-_� '_ r � i [I�---�---•
r�rnr�raueuc-�arlr�^•OTA Notary Public
My ConII1i11i0e E�ie�Jan.31,2005 '
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Exhibit A
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pROPOSAL FOR �--,� ��� ••-
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� VINCENT ANDERSON
j OF LOT 2, BLOCK 1, FAGERNESS WOODS �:;� � "� �
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� HENf�lEPIN COUNTY, MINNESOTA
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T07AL NARDC�vcR RG-+GUGD /zS SQ F�'
LEGAL DESCftPT10N OF PREl�a5E5
Lot 2, Bloek 1, FACERNESS W00p5
This survey shows Ux bouidcries af the above describcd property, and
the location of an existing house, playhouse, rnd dl other visibie "herdcovc"
thceon. tt does not p�rpo�t to show eny other impro�ements or mcroachments.
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