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Home My WebLink AboutResolution 3023 O �:` CITY of ORONO �y+ RESOLUTION OF THE CITY COUNCIL 4-kklEni0�� NO. 3023 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C) AND SECTION 10.28, SUBDIVISION 5 (B) FILE #1677 WHEREAS, Cedric Dettloff (hereinafter "the applicant") is the owner of the property located at 1255 Dickenson Street within the City of Orono (hereinafter "City" ) and legally described as Lots 1 and 2, Block 15, Minnetonka Bluffs, Hennepin County, Minnesota" (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C) and 10.28, Subdivision 5 (B) that would allow the replacement of an existing single story addition with a two story addition measuring 10' x 32' to the south side of the existing residence where excessive lot coverage exists at 2, 956.51 s.f. or 21.8% where only 15% lot coverage is allowed; the proposed addition will be located at the same substandard setback of original workshop addition from the street at 41' where a 50' setback is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1677. 2. The property is located in the RR-1B Rural Residential Zoning District requiring 2 acres in area. The property consists of 13,548 s.f. or .31 acres. 3. The Orono Planning Commission reviewed this application on September 16, 1991, and recommended approval of the proposed variances based upon the following findings: A. The age of the structure and recent rains have caused serious structural collapse of block walls within the shed addition. General structural condition of the shop addition requires major structural repair/replacement. Page 1 of 4 ' O 4? �7 O O 1\1 CITY of ORONO ��\\\<4 isy RESOLUTION OF THE CITY COUNCIL 4kESHO NO. 3023 B. Location of house on property prevents complete replacement addition from meeting 50' street setback. C. The existing footprint of 10' x 32' will remain the same with the proposed addition. D. Keene Avenue was platted at a 60' width serving one additional residence and is classified as an unimproved road not maintained by the City nor planned for a major upgrade. E. The property is connected to municipal sewer. F. The attached garage addition is located .3' from the street lot line adjacent to Keene Avenue. 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 would 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 variances 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 Sections 10.03 , Subdivision 14 (C) and 10.28 , Subdivision 5 (B) to permit the construction of a 10' x 32' addition to the south side of the existing residence requiring approval of a lot coverage variance at 2, 956.51 s.f. or 21.8% and a street setback variance of 9' or 18%, subject to the following conditions: Page 2 of 4 - i v. o.N. 70 O VIII I) CITY of ORONO i I \��, i'� �k\\, ,z,.0� RESOLUTION OF THE CITY COUNCIL `�kEsi-io NO. 3023 1. Authorities granted by this resolution 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 approval will expire on that date (September 23, 1992). 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of September, 1991. ATT: .T: 1 , jo&rittic4i) / -,, AI . i_/0, •o othy tallin, City Clerk Barbara A. Peterson, Mayor // zyt-6-6- / 121/a)Z.C.-i/A- b,C1C6r,),1 Property O1wfier(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of September, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. .., ;•. LINDA S. VEE I e ' .r ;' NOTARY PUBLIC - MINNESOTA ;irra' '; HENNEPIN COUNTY No ary Public 4.. My commission expires 8-12-96 Page 3 of 4 . " . - v. 0.4,. Oa O ,, A 0 r i CITY of ORONO ti 44 �i 1, ,I I 4;.' RESOLUTION OF THE CITY COUNCIL `11c.egg gNO. 3023 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this p23ci day of $ m Act- , 199 / before me a Notary Public within and frsaid county, personally appeared Cedric, ped/ /o 4 ' of n f owner- 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. ea - LINDA S. VEE � 'r•, ' NOTARY PUBLIC - MINNESOTA 1 6/ ,,,,--.- HENNEPIN COUNTY --�Q/ \.4,47, My commission expires 8-12-08 OT RY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN_ �� ) On this X23 =' day of ‹ 7-1e.rn 6 er , 199L, before me a Notary Public within and for safid County, personally appeared Mar / on T Ie /o-f- t o;r14- D cU nor 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. I. ....32.i2.../ NOT LINDA S. VEE NOT RY PUBLIC ' - NOTARY PUBLIC - MINNESOTA :Pr i ', HENNEPIN COUNTY My commission exp res 5-12-98 Page 4 of 4 RESOLUTION #3023 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin County , Minnesota , do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on September 23 , 19=91 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting . In Witness Whereof , I have hereunto se-t my hand and seal this 25th , day of September , 19 91 othy M lin , ity Clerk (SEAL) CITY OF ORONO LAND USE FILING INFORMATION Prepared By: Mary Haro, Secretary to Nancy E. Husnik, Legal Assistant Popham, Haik, Schnobrich & Kaufman, Ltd. December 13, 1991 The following is a recap of the resolutions submitted to this office which have been filed with the Hennepin County Recorder' s Office. The resolutions are enclosed. RESOLUTION APPLICANT'S DATE DOCUMENT NUMBER NAME FILED NUMBER 2983 Johnson, Jeff 11-01-91 2213403 (T) 3021 (encl. ) Walker, John 10-25-91 5839156(A) 3024 (encl . ) Merlo, Paul & Marcia 10-25-91 5839155(A) 2967 (encl . ) Nelson, David 11-12-91 5843315(A) 3000 (encl . ) Benoit , Gerald 11-12-91 5843431(A) I have also enclosed the following documents which were submitted to us for filing with Hennepin County: 1. Drainage and Utilities Easement - Jeffrey Johnson, filed 11-01-91 as Document No. 2213404 . The original document has been retained by Hennepin County Registrar of Titles since it is torrens . 2 . Letters Testamentary of Fred W. Curtis (RE: 2180 Prospect) , filed 08-16-91 as Document No. 5828023 . 3 . Drainage and Utilities Easement - Helen C. Morrison (RE: 2180 Prospect) , filed 09-23-91 as Document No. 5828024 . 4 . Drainage Easement - Helen C. Morrison (RE: 2180 Prospect) , filed 09-23-91 as Document No. 5828025 . . The following enclosed resolutions were submitted to us for filing with Hennepin County and are torrens property and are not accepted for filing : Resolution No. 3018 - Nina Wildman/#1675 Resolution No. 3027 - David and Anne Graham/#1684 Resolution No. 3023 - Cedric Dettloff/#1677 Resolution No. 2979 - Ronald and Julie Prineas/#1648 Resolution No. 3033 - Eric and Kristal Wilson/#1626 Resolution No. 3038 - Robert J. Bilger/#1687 Resolution No. 3041 - Bruce W. Engelsma/#1692 35NEH