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Home My WebLink AboutResolution 3139 . e�� + " � O� • • O O �b. - CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL . �� G �kESHOg' , Np. 313 9 A R$SOI.IITION GRANTING VARIANCSS TO MUNICIPAL ZONING CODE ' ' SECTION 10.28, SIIBDIVISION 5 � FII.S #1742 WH$R$AS, James M. Laing and Amy J. Laing (hereinafter "the applicants") are owners of the property located at 500 Orono Orchard Road: within the City of Orono (hereinafter "City" ) and legally described as follows: , Lots 1, 2, 3, 22, 23 and 24, Block 13, Minnetonka Bluffs, Hennepin County, Minnesota (hereinafter "the property"); and ', WH$R$AS, the applicants have applied to the City for ' �variances to Municipal Zoning Code Section 10.28, Subdivision 5 to • permit the construction of an addition to the east and south side of the existing residence requiring approval of the following street setback variances: A. Front/street setback (Orono Orchard Road) Required = 50' � Proposed = 43 ' 7" Variance = 6' 3" or 12. 6$ B. Side/street setback (DYCkenson Street) ' Required = 50 ' Proposed = 19 '1" Variance = 30 ' 9" or 62$ � C. Rear setback (12' alley) Required = 50 ' Proposed = 10 ' 6° Variance = 39' 4" or 79. 2$ NOW, THER$FOR$, B$ IT R$SOLV$D by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File �1742. • - Page 1 of 5 .� , � O� • O O - b. � CITY of ORONO � � �� '�'� RESOLUTION OF THE CITY COUNCIL ��kESH�g'� NO. 313 9 2. The property is located in the RR-1B Rural :Residential , Zoning District requiring 2 acres of dry buildable area. The total property consists of 38 , 377, s.f. or .88 acres. 3. The Orono Planning Commission reviewed this application on June 15, 1992 and recommended approval of the proposed variances based upon the following hardships and findings: � a) The building envelope defined by public rights-of-way � is less than 1/2 acre in area and subject to RR-1B, 2 acre rural standards. b) The existing house is located within substandard setbacks from the adjacent right-of-ways. � c) Current detached garage encroaches Dickenson Street right-of-way and creates hazards for users of Dickenson • Street and adjacent alley. The structure limits sighting distance and is a potential hazard for users of public road. d) The location of the existing garage in relation to crest of the hill and adjacent accesses. e) The location of mature trees to the south of the existing residence. � f) Persistent surface runoff/drainage problems that � necessitate the retention of a low depression or retention area within the south yard of the property. . 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 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. � • Page 2 of 5 ' � . . � . � O� ;' � • O O + �n. - C ITY of ORONO � � . �� '�' RESOLUTION OF THE CITY COUNCIL �kESH04 NO. 313 9 6. The City Council has considered this application including the findings and recommendations of the Planning 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. . CONCLIISIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a family room/garage addition to the east side of the residence and a bedroom addition to the south side requiring approval of setback variances as already noted above, subject to the following conditions: 1. Applicants shall immediately apply for the legal combination • of all six parcels at the City offices. 2. Removal of existing detached garage and garden shed located adjacent to Dickenson Street to be completed at the time of ' the footing inspection for the proposed additions. 3. Applicants to obtain driveway permit from Public Works Director for new curb cut onto alley off Dickenson Street and to provide a detailed plan of driveway to be installed as portions of backout apron will be located in 12' alley � right-of-way. : • 4. Applicants shall provide grading and drainage plans with building permit application to address new drainage needs as a result of these improvements. 5. Authorities granted by this resolution 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 this variance will expire on that date (July 13, 1993). 6. V iolation 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. . • . Page 3 of 5 . � I . � ' � O� ' O ' O � �d - CITY of ORONO . ,� � �� G'�' RESOWTION OF THE CITY COUNCIL �kESHO� NO. 313 9 7. The undersigned applicants have read, understood and hereby agree 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 Orono City Council on this 13th day of July, 1992. AT T: � . ' /�,��`'�a Doroth M. Hallin, City Clerk Barbara A. Peterson, Mayor � � • � ` Ja M. Laing my J. i P operty Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of� July, 1992, 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. ', - l/.�� No a Public h LINDA S. VEE • , NOTARY PUBIIC - MINNESOTA Page 4 Of 5 MY coEmmlElonNexpt�res B.TM-gg • � I ' i � . , a`� ' � > : I � O� � O O b. � CITY of 4RON0 � � �� G'�'� RESOLUTION OF THE CITY COUNCIL �kESH�4 NO. 313 9� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . . c� / / On this �3� day of �C'�Ola�� ► 199 before me a Notary Public within and for said county, personally appeared /�rny <�Q�PS' ��n9 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. �✓��G� � NOTARY PUBLIC �..M,� SHEILA R.SWANCUT�' . �} NOTARY PUBLIC-MINNESOTA HENNEPIN COUN'i'Y STATE OF MINNESOTA ) ��'�'�� )ss. COUNTY OF HENNEPIN ) On this � day of , 199 , 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 � Page 5 of 5