HomeMy WebLinkAbout#4655-variances-2001 /��O_\\
'�� 11�'�\
/O O ,
��� C ITY of ORONO
���e - ��
� �%�� .
�� ��, � RESOLUTION OF THE CITY COUNCIL
�\kESH�j/ �. r
N O. � B .. ,,
A RESOLUTION GR.ANTING VARI�ti CES
TO MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B)
FILE NO. #01-267�
WHEREAS, Donna Lile (hereinafter "the applicant") is o�vner of the property
located at 2765 Ethel Avenue within the City of Orono (hereinafter "the City") and legally
described as follows:
Lot 7, Block 3, Casco Heights, Hennepin Count}�, ylinnesota �
(hereinafter "the property"); and
W�IEREAS, after due published notice and mail.d notice in accordance with
Minnesota Statutes and the City of Orono-Zoning and Plannir.a Codes, the Orono Planning
Commission held a public hearing on May 21, 2001, at w�hich times all persons desiring to be
heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicant applied to the Ciri� of Orono for variances to
Municipal Zoning Code Section 10.25, Subdi�-ision 6(B) to permit a 1.6' encroachment into the
required l�' setback to the south side property line adjacent to Casco Avenue to permit
constraction of a gabled dormer above the existing entrance of the house.
NOW, THER�FORE, BE IT RESOLVED b}� the City Council of Orono,
Minnesota:
FINDINGS
1. . This application was revie�ved as Zoning File #O1-�67�.
2. The property is located in the LR-1C (1/2 acre) One Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on May 21, 2001 and
recommended approval on a vote of 4 to 0 for variances based upon the
followin� findings and hardships:
A. Variances were granted, in 1969, to lot area and lot width to permit the
eYisting house to be built in its current location.
Page 1 of 4
/��0�
''� �
/o o�;�
'` CITY of ORONO -
a- �i
� �/
/
�„�
� G'�'/i RESOLUTION OF THE CITY COUNCIL
\\`t`9$ p4��'/ N 0. � s � �
� ES�=
B. The applicant is proposin� to only replace a deteriorating porch and add
a gabled dormer above it. The porch has deteriorated over the years and
has become a safety hazazd. The dormer is to be added above the porch
and provide cover from inclement weather.
C. The dormer is decorative and will not add additional living space to the
• residence.
D. The property is located within the 500-1000' hardcover setback zone.
The expansion of the roofline �vill not increase hardcover. Also,
structural lot coverage will not increase with the roofline expansion.
E. The front door of the residence needs steps/porch for entry/exit. The
dormer addition will keep the steps from becoming a safety hazard by
directing roof runoff to the sides.
4. 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 variances 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 substantial
property right of the applicant; and �vould be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
5. 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
�velfare of the community.
Page 2 of 4 �
�"o��
�'� �\
ro o��,
- '�� CITY of ORONO
a. �I
� �,, ��
ti%;
� G'�'/ RESOLUTION OF THE CITY COUNCIL
/
\���kEs_H�� N O. � � � �i
�_i
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 10.25, Subdivision 6(B) to permit a 1.6'
encroachment into the required 15' setback to the south side property line adjacent to Casco
Avenue to permit construction of a gabled dormer above the existing entrance of the house.,
subject to the following conditions:
1. Authorities granted by this variance run with the property not with the applicant,
but are permissive only and must be eYercised by application for a buildin�
pernit within one year of the date of Council approval, or this variance will
expire on that date (May 29, 2002).
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, understand and hereby agrees to the terms
of this resolution and on behalf of herself, her heirs, successors and assigns,
hereby agrees to the recording of this resolution in the Chain of Title of the
property.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 29th day of May, 2001.
ATTEST:
,: �,
i�, , ,���� :(- i � ��-_
I,inda S. Vee, City Clerk Barbara A. Petersan, Mayor
1
A ��1
�� I
Prope Owner (s)
Page 3 of 4 �
_�
//��/'O�\\T�
' Y\�
/O �
0�;,.
'���� C ITY of ORONU
�e. - ��
� '"
ti;
�� ��,�/,' RESOLUTION OF THE CITY COUNCIL
��kEs� rvo. 4 6 � �,
STATE ��II�INESOTA )
) ss.
COLTNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 29th day of May,
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.
���hISE M.LESKINEN
No�qRypust,�C.�90�t� Notary Public
�,�y�rnbsfOn E�ires,{an.31,2005
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 2Z day of .J;��r�� , 20�%� before me a Notary Public within and for
said county, personally appeared �,--y�;�c� (.._�i�e known to me
to be the person(s) described in and who eYecuted the foregoing instrument, and ackno�vled�ed
that he(they) executed the same as his (their) free act and deed.
� JILL M.THOMPSON • � �.��,_�,ti��,�-v�J
����3t � N—oay Public
. ■
�.'v��5 a�U Cc�"z��'L�1J Nc;fia,.'��
Page 4 of 4 �