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Home My WebLink AboutResolution 5915 cR706 Doc No.T4752940 Certified, filed and/or recorded on 5/10/10 3:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Transfer Entered Jill L. Alverson, County Auditor and Treasurer 5/10/2010 3:00:00 PM Deputy 47 Pkg ID 624400 Hennepin County, Minnesota Doc Name: Resolution Jill L. Alverson Document Recording Fee $46.00 County Auditor and Treasurer Document Total $46.00 Existing Certs New Certs 1318740 This cover sheet is now a permanent part of the recorded document. r 1 A RESOLUTION GRANTING A VARIANCE TO THE ORONO, MINNESOTA, CITY CODE SECTION 78-350 FILE NO. 09-3436 J t_ r x O O O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL`9kES�I04�G NO. 5 9 1 5 A RESOLUTION GRANTING A VARIANCE TO THE ORONO, MINNESOTA, CITY CODE SECTION 78-350 FILE NO. 09-3436 WHEREAS, Richard H. Gherardi and Lori Gherardi, husband and wife, (hereinafter "Owners") are the owners of the property located at 2700 Ethel Avenue within the City of Orono (hereinafter "City") and legally described as: Lots 13 and 14, Block 2 CASCO HEIGHTS Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, The Owners have made application to the City for a variance to Orono Code Section 78-350 to construct a second garage stall with a 19.1 foot setback from the right of way of Ethel Avenue when a 30 foot setback is required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on February 16, 2010, 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 #09-3436. 2. The Property is located in the LR-1C zoning district, where 0.5 acre is the minimum lot area and 100 feet is the minimum lot width. The Property is approximately 0.34 acre in area and 100 feet in width. 3. The Planning Commission reviewed this application on February 16, 2010 and on a vote of 5 - 0 recommended approval of the variance, based on the following findings: a. A second attached garage stall is commonly found on property of this size. b. The entire house has a front setback of 19.1 feet. Page 1 of 3 0 0 CITY of ORONO ti RESOLUTION OF TH6 CI�YfOUNCIL �kESI304 NO. yy 4. The City Council has considered this application including 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 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 Owners but are necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owners; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Orono Code Section 78-350 to allow construction of a second garage stall with a 19.1 foot setback from the right of way of Ethel Avenue when a 30 foot setback is required, subject to the following conditions: 1. Council approval is based on the site and house plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to these plans may require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the Property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new construction before February 22, 2011 or the variance will expire on that date. 3. 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. Page 2 of 3 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL S8�4�G NO. 5 9 4. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of their 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 22nd day of February, 2010. ATTEST: Z' Linda S. Vee, City Clerk �'s M. White, Mayor Richard H. Gherardi Lori Gherardi STATE OF MINNESOTA COUNTY OF HENNEPIN d This instrument was acknowledged before me this day of , 2010 by Richard H. Gherardi, husband of Lori Gherardi. MONICA A. FADNESS NOTARY PUBLIC-MINNESOTA ,/ w My Commission Expires Jan.31,2012 lel �2 No ary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this o2 S day of 2010 by Lori Gherardi, wife of Richard H. Gherardi. RACHEL DODGE NOTARY PUBLIC-MINNESOTA Notary Public My Commj,-sion Expires Jan.31.2015 Page 3 of 3 Building Permit Survey 591 5 Prepared for: L ori Gh erordi dr V -•o%01-- x 502.1 nC> wl dex thA ZC>' lhIn MIK So el dO CA VYAy50,.7 OLAP N30'06'49" 100. 2 (comp.) ,1 5 6 05 P�Pe % ;7 oI 00.1 50 (Plot) 50 (plot) Le.Coppd I.P. Prop. Sidewalk 0 Found Iron Monument0.3IIS. of Drive. i I Stoop- lotl line Proposed Drainage Addn. (- 44.2 x 000.0 Existing Elevation -- - 41.3 --- 0 4o 1Existing House_ Prop.-- N N G.F.E.=501.2 L12.9 11.6V- -2.6 12x20 �F.F.E.=502.0Description (supplied by client) O Addn. L.F.E.=493.3Lots 13 and 14, Block 2, CASCO Deck o j I HEIGHTS, Hennepin County, Minnesota. (2ndp O Floor) N 12.4 Lr) I 20.21 Deck Lo Hardcover Calculations (o. ft_): ►� ►� Existing House 1,476 Patio !) ( Decks & Patio 371 p i Q Bituminous Driveway 357 I Sidewalk & Stoop 148 O Q) Total Existing = 2,572 �-- ctj I Proposed Addition - 244 tc} I Prop. Driveway Addn. 45 i i I Total Proposed 289 Existing+Proposed = 2,861 rn I I Total Lot Area = 14,976 =1 Percent Hardcover = 19.19 I � I I i I SCALE I I 0 15 30 60 — 50 (plat) — 50 I(plat) _ ! 3 1�2 9g�0 N30 06'49"E 100. 12 (meas.) F j�p� 1 inch = 30 feet Bearings and elevations based on assumed datum. I hereby certify that this certificate of survey was Job Number: 7080 SCHOBORG Prepared by me or under my direct supervision and Book/Page: 72/34 that I am a du Registered and Surveyor under the Survey Date: 9-10-09 LAND SERVICES laws of the at o e a. Drawing Name: gh erordi.d wg INC, Drawn by. KLB Poul B. choborg Revisions: 1-19-10 (prop. 763-972-3221 8997 Co. Rd 13 SE addn. & hardcover) . .sch,,6.*.d.. Delano, AIN 55328 Date: �[[Q c ZV 16 i __ Registration No. 14700 Contractor: Brennan Properties LLC new roof 8452 153rd Place 25 year asphalt . Savage, MN 55378 shingles 612-616-4447 Address 2700 Ethel Ave 5:12 pitch, 24 OC, plywood Homeowner: / siding, 2x4 exterior Lori Gherardi construction existing garage new garage 2700 Ethel Contractor: Brennan Properties LLC 24" OC, 25 year shingle, 12" overhang 84512 153rd Place Savage, MN 55378 612-61G-4447 overhang Address_ 2703 Ethel Ave an Homeowner_ Lori Gherardi (2)2x10 garage doorheader plywood siding front m E 20' 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 22, 2010, 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 pity this. z- th day of February , 2010. el City Clerk Y T Z �• { `1yy. .