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HomeMy WebLinkAbout#3906-variances-1997 r .�. � O ' V O O �b__ - CITY o� ORONO � ��' ti RESOLUTION OF THE CITY COUNCIL �t�kESH�4�� NO. 3 � 0 6 A RESOLUTION GRANTING VARIANCES TO MUlvICIPAL ZOlvING CODE SECTION 10.28, SUBDIVISION 5 FILE NO. 2232 WHEREAS, Woodsmith, Ltd. acting on behalf of Allegra and Paul Parker (hereinafter "the applicants") while Allegra and Paul Parker are the owners of the property located at 1520 Fox Street within the City of Orono (hereinafter "the City") and legally described as follows: See attached Exhibit A - Survey for Vince Smith as prepared by Advance . Surveying & Engineering Company as revised 2/12/97 (hereinafter "the property"); and `VHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 to permit an addition to an existing residence for a master suite. A side yard variance is required to allow an 18.6' side yard for an addition to the master bedroom/bathroom suite where 18.6' is existing and 30' is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2232. 2. The property is located in the RR-1B, One Family Lakeshore Residential Zoning District where the minimum lot area requirement is two acres. - - 3. The Orono Planning Commission reviewed this application on May 19, 1997 and recommended approval of the proposed variance(s) based upon the following unique findings and hardships: A. The lot conforms to the minimum lot size requirements for the RR-1B Zoning District. Page 1 of 4 !�I► R � O� O O �,d - C ITY of ORONO � ti �� G'�' RESOLUTION OF THE CITY COUNCIL �9kESH04� NO. `� �1 � 6 B. The existing residence encroaches into the required 30' side yard setback 11.6'. C. The proposed addition does not further increase the encroachment but will also be 18.4' from the side property line. D. Fox Street is considered the front of the property although the front of the structure faces a private road. E. The lot is an unusual shape. P. No negative comments have been received from adjacent property owners. 4. The City Council finds that the conditions e�cisting 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 applicants, 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. 5. 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a side yard variance per Municipal Zoning Code Section 10.28, Subdivision 5 to permit an addition to an existing residence for a master suite, subject to the following conditions: Page 2 of 4 . � ���? � ' V O O �ah- CI'�Y of ORONQ � ,�� ti , �� 4 �,'�' RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. � � � 6 � 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 (May 27, 1998). 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 applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their 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 27th day of May, 1997. ATTEST: � \ _ :��'�n,�<<. �- 1��;, � � � ' Clerk Gabriel abbour Mayor �����ir s'.' v�� , 't.���,+y ' �� ` , : f � � `�. i , � �"'� �- Property Owner (s) % Page 3 of 4 � � --� � O ' v O O ��b - ciTY o� oRONo � � ; �� �,'�' RESOLUTION OF THE CITY COUNCIL ��kESH�4� � NO. eS � � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was kn�owledged be�ox me on this 27th day of May, 1997 by Gabriel Jabbour and Dom�t��ui, Mayor and � �erk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �� ,t�illE 1.6�A� � ��Esou , : ,1 � , . �C-�i�� ���'�„'� Not � ublic , 1 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � day of � �G�1(�;� , 199� before me a Notary Public within and for said county, personally appeare ' � ; . � 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. erMe���w ��i�� NOT��TM ��: ,• ��L-C1,2/ �'h'�O"'�0"�'���� NOT�� PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) - - � On this 1��' day of /�'� G�v � 199 before me a Notary Public within and for said county, personally appeared /�-/;P r� ��l/�'�/ ri/`��P known to me to be the person(s) described in d who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �.:�. .._ . �. _ . // •� � '-_ - , "1 �.�Ec (/��c.� �`,�- r��;,�,- :�__ .��,TA Gr'Z�t.., - \, � �- h��,'�;_���,,._'-' �� ` NOTARY PUBLIC :;:��-� �� � `� Mg Cemmission Ex�re�.'�':.31,_ _. -� ' Page 4 of 4 �o � � 0 0 : ��bz- � CITY of ORONO a � � �� �'�' RESOLUTION OF THE CITY COUNCIL �9kESH�4� NO. 42 � () � LEGAL DESCRIPTION: That part of the Southwest Quarter of Section 2,Township 117, Range 23, Hennepin County, Minnesota,described as follows: Commencing at the Northeast corner of the Southwest Quarter of said Southwest Quarter of said Section 2; hereinafter d�signated as the initial point of beginning; thence South along the East line of said Southwest Quarter of the Southwest Quarter a distance of 434.3 feet; thence Northwesterly deflecting 101 degrees 43 minutes to the right from the last described course a distance of 182 feet; thence Northwesterly on a tangential curve to tr,c right with a radius of 4687.5 feet a distance of 60 feet; thence Northwesterly on a tangential curve to the right avith a radius of 222.45 feet a distance of 200 feet; thence Northerly on a tangential curve to the right with a rac,ius of 237.56 feet a distance of 175 feet; thence Northerly on a tangential curve to the right with a radius of 527.42 feet a distance of 50 feet; thence Northeasterly on a line tangent to the last described curve a distance of 62.55 fe�:t to a point in the South line of the Northwest Quarter of said Southwest Quarter oF Section 2, distant 360 feet «'est of said initial point of beginning, which point is the actual point of beginning of the premises described herein; ;tience Northeasterly continuing on an extension of the last described course a distance of 48.55 feet; thence Northerly on a tangential curve to the left with a radius of 181.4 feet a distance of 100 feet; thence Northwesterly on a tanr;ential curve to the left with a radius of 283.7 feet a distance of 125 feet; thence Northwesterly on a line tangent to tie last described curve a distance of 267.4 feet; thence Northwesterly deflecting 2 degrees 23 minutes to the left from last described course, a distance of 169.3 feet; thence Northwesterly and Westerly on a tangential curve to the left with a radius of 61.13 feet, a distance of 64.62 feet, more or less, to a point in the West line of the East Half uf said Northwest Quarter of the Southwest Quarter of Section 2 after taking from said Northwest Quarter of the Soutliwest Quarter of Section 2 the highway upon its Easterly side which point is 636.66 feet North of the Southwest corner of said East Half of said Northwest Quarter of the Southwest Quarter of Section 2 after so taking said highwa}� upon said Easterly side of said East Half; thence South along the West line of said East Half, so ascertained after taking said highway, a distance of 636.66 feet to the Sout}:�vest corner of said East Half of said Northwest Quarter'of the Southwest Quarter of Section 2 after taking from said Northwest Quarter of tlie Southwest Quarter of Sectior►2 the highway upon its Easterly side as aforesaid; thence East along the South line of said Northwest Quarter of the Southwest Quarter of Section 2 to said actual point of beginning. Subject to road easement along the South :;3 feet thereof and subject to and together with an easement for right of way for driveway purposes over a strip of land along the Northerly and Easterly boundary lines of the premises above described extending generally Northerl,y from said actual point of beginning to said West line of the East Half of the Northwest Quarter of the Southwest C�uarter of Section 2 after taking from said Northwest Quarter of the Southwest Quarter of Section 2 the highway ul�on its Easterly side, said strip of land subject to said easement being 16 feet wide, 8 feet on each side of the line formin� the Northerly and Easterly boundary of the premises aforedescribed; EXCEPT' that part of said above described property lying Westerly of the following described line and its Nc�:therly extension: Commencin �c the South�vest corner of the � , Northwest Quarter of the Southwest Quarter oF Section 2, Tc�vnsliip 117, Range 23, Hennepin County, Minnesota; thence East along the South line of said Northwest Quarter of the Southwest Quarter a distance oF 732 feet to the point of beginning of the line being described; thence deflecting left 100 degrees 50 ininutes a distance of 320 feet; Il�ence cle i�:ctu;b I'l��lt �;2 de��.*�-�;es i 5 nii.:utes to ti��: ?�?�ri���aster:y � � . , .., line of said above described property, :ind there en�ing.. .