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Home My WebLink About#3304-variance-1993 '+ :/� . � ��' CITY of ORONO O �� O � �'��^� � RESOLUTION OF THE CITY COUNCIL � � � � `�� , NO. � � � '� ' ti' �9, 1 , g�,yG x'EsBo A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE #1835 WHEREAS, David S. Phelps and Ellen D. Phelps (hereinafter "the applicants") are owners of the property located at 1950 Fox Ridge Road within the City of Orono (hereinafter "City") and legally described as follows: . I.ot 6, Block 1, Fox Ridge, Hennepin County, Minnesota (hereinafter "the property"); and V�'�-�EREAS, the applicants have applied to the City for a variance to Municipal Zonina Code Section 10.28, Subdivision 5 (B) to permit a 13.2x22.6 addition to the street side of the existing residence. It will be located 24.4' from the front/street setback line where the existing structure is 35.5' and where the code requries a 50' setback. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1835. 2. The property is located in the RR-1B, Rural Residential Zoning District requirin� 2 acres in area. The property consists of approximately 1 acre. 3. The Orono Planning Commission reviewed this application on June 21, 1993, and recommended approval of the proposed variance based upon the following hardships and findings: . Page 1 of 5 ' form 5005 DisM Orono ' . �. r � O� O .:. O CITY of ORONO l\��_��=� � RESOLUTION OF.THE CITY COLTNCIL i �f i b� � � '� : h''�� ti NO. `� �:' `� -y r ,� �� ` � '� ��G kE3H� A. The proposed improvements do not involve bedroom additions resulting in potential impact on existing septic system. B. The addition will be placed over an existin� driveway bed that would not be suitable for future septic expansion. C. Septic drainfield and tanks are located to the immediate west side of residence. D. The house is located 24.4' from east lot line. E. The house is already located within a substandard street setback at 35.5'. F. At the rear of the property, the topography slopes to the wetland. G. The walkout design to the rear of the residence makes it difficult for a family room expansion and an upward expansion is impractical based on the interior layout of residence and the overall architectual design of structure. 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 variance would not adversely affect traffic conditions, li�ht, 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 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 fmdings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safery and welfare of the community. Page 2 of 5 " v�soos a¢aaw ♦ , ,'" . O �' �' CITY of ORONO � O_,, O ��-�=� R.ESOLUTION OF THE CITY COUNCIL �":�; ' � °:: � `�'��'';�-�' ti N0. �� - - r� � � , ,�, ��9x� og�G ESH CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoni.ng Code Section 10.28, Subdivisions 5 (B) to permit the construction of an addition to the street side of the residence to the property located at 1950 Fox Ridge Road, subject to the following conditions: 1. 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 this variance will expire on that date (July 12, 1994). 4. 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. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, theirs 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 12th day of July, 1993. A T: � j� ,�� ;. � � ;� � � D rothy . lin, Ciry Clerk Edward J. CalYahan, r., Mayor d ' � � �l S Property Owner(s) . Page 3 of 5 ' Form 5005�iu Omro . ' ""�. . ♦ � O� CITY of ORONO O .;,, O �,�� RESOLLITION OF THE CITY COUNCIL � '�� a� �' ,� N� ,� � �;�� , NO. ^' / �. ti ��9�E Og�p 3H STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of July, 1993, by Edward J. Callahan, Jr. & 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. . , �^��a� � (/�� LINDA S. VEE ' y �� NOTARY PUBLIC - MINNESOTA Notary Public t ��"�" HENNEPIN COUNTY � My commission expires 8-12-98 , ,+ Page 4 of 5 " ro�soas ua a� , , . •� �' ��' CITY of ORONO O ,`� O .. �'�'��=> RESOLUTION OF TI-� CITY COUNGIL � ��" � � ^ � ��' � I . ,� � h,��' �, lvo. , br,' 'ti, t�',�9 � i��G kESH�g' STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /� � day of �,TGt/ , 199� before me a Notary Public within and for said counry,personally a peared n�%�,'d S. F/��/�s, it-,�<�� '�� l�own 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. � y-��_ LINDA S. VEE ��!C� � ��-� N07ARY PUBUC - MINNESOTA HENNEPIN COUNTY NOTARY PUBLIC � ��?� My commisslon expires 8-12-98 STATE OF MINNESOTA ) �) ss. COUNTY OF HENNEPIN ) On this ��,/ day of H v�;��s7`� , 199,3 before me a Notary Public withi.n and for said county,personally appeared `��/P�� h�l��. m�r✓'�FaL l�own to me to be the person(s) described in nd who executed the foregoing inscrument, and acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A. HASEMAN NOTARY PUBLIG-MPMESOTA v �. ilyZ ,�� HENNEPIN COUNTY ��"'"'�10N°cPt��''°� NOTARY PUBLIC Page 5 of 5 fmn 5005 DisM Orono