The URL can be used to link to this page

Home My WebLink AboutResolution 5831 � � � O 4 ,� a� - , � CITY of ORON4 � � � �� RESOLUTION OF THE CITY COUNCIL �L`9kESH�4�G N0. �J g � � A RESOLUTION GRANTING A VARIANCE TO THE ORONO, MINNESOTA, CITY CODE SECTION 78-1435 FILE NO. 09-3399 WHEREAS, Dean Trongard and Susan M. Trongard, husband and wife, (hereinafter "Owners") are the owners of the property located at 1240 Garden Court within the City of Orono (hereinafter "City") and legally described as: Lot 71, Tonkaview Gardens, Hennepin County, Minnesota(hereinafter "the Property"); and WHEREAS, in order to replace the flat roof with a pitched roof the Owners have made application to the City for a variance to Orono Code Section 78-1435 to enlarge an accessory structure that is located closer to the street than the house, when the code does not allow accessory structures to be located closer to the street than the principal structure; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on April 20, 2009, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #09-3399. 2. The Property is located in the LR-1B zoning district, where 1 acre is the minimum lot area and 140 feet is the minimum lot width. The Property is approximately 0.94 acre in area and 149 feet in width. 3. The Planning Commission reviewed this application on April 20, 2009 and on a vote of 5 - 0 recommended approval of the variance, based on the followin; findings: a. This garage has existed for many years and is substantially constructed. Pa�e 1 of 4 � °� 0 0 �'�� ,� � CITY of ORONO ,� � �,u.: ti � �' "� '�' RESOLUTION OF THE CITY COUNCIL ��`gkES804�� N0. `;� �� The new roof can be installed without any modification to the existing side walls. b. The existing flat roof is difficult to maintain because of the Minnesota climate. c. The proposed pitched roof would be more compatible with the neighborhood than the flat roof. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 Owners but are necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a subs�antial property right of the Owners; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby �-ants a variance to Orono Code Section 78-1435 to allow the the flat roof of an accessory structure that is located closer to the street than the house, when the code does not allow accessory structures to be located closer to the street than the principal structure, to be replaced with a pitched roof subject to the following conditions: 1. Council approval is based on the plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to these plans may require further Planning Commission and City Council review. Page 2 of 4 � °� 0 0 �� CITY of ORONO �a - � :z � �, � -� . . a1,'. �� G'�' RESOLUTION OF THE CITY COUNCIL �`�kESH�4� NO. �3� 1 2. Authorities granted by this resolution run with the Property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new roof before April 27, 2010 or the variance will expire on that date. 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a viola�ion of the zoning code, shall automatically terminate any authority �ranted herein, and shall be punishable as a misdemeanor. 4. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of 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 27th day of April, 2009. � ��, � ,, ` .- �' �,��'"` �.k"A��'�T� P, , ,� p;�� : - . �� - � ,� � .: , : � '� � � �; ` �,�. aN . , f `.� .� ; �,1��r s ;,��,� r ,�., ' • "1 t1N �� s...� � y � f : �,� �. F � �i : ,,F'/:� / f 'y�� I 9 ) �h'a�"�{ '�' r ��:i K`h�'�C..L+f'./�' �C,� - L��—� �(�7!�> /"�' V-`� `w'— ";�y �'� ��" �.;itid�.�:�:Vee, City Clerk J es M. White, Mayor � , , ,p .z �' . �i;:a \ � -� Dean Trongarci Susan M. Trongard Page 3 of 4 � °� o �� o CITY of ORONO a� � ` � r� '`'�;�' ti Y � '�' RESOLUTION OF TF�E �I�Y�OUNCIL C� J �`9kESH�4� NO. STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledaed before me this � day of , 2009 by Dean Trongard, husband of Susan M. Trongard. �.,. - .�-� MONICA A.FADNESS �- NOTARY PU9LIC-MINNESOTA -�:. My Commission Expires Jan.31,2012 .,s.., __.. •-�-� �� otary Public STATE OF 1l�IINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this .��ay of � , 2009 by Susan M. Trongard, wife of Dean Trongard. � � '�� MONICA A.FaDNESS �y(�(� � �. NOTARY PU3LEC-MINNESOTA My Commission Ezpires Jan.31,2012 N taTy PUbI1C �;,., 'c2".:.N�cc PaQe 4 of 4 7 �� ZONING FILE NO. 09-3399 EXHIBIT A RESOLUTION NO. � � ,,� � � z � p � �r ' � � = �� a � � N '� � �1t3 :�-' Z_ ,� �` o� k�1�s 'C � �� x,'s f,'„ � ��s"r'Y 61��c1w� -�o -�; ��'; N yara9e9 h�, t_1�v�{e5� -�^w��1�--� -4-0 ' �. za.a ��tc�� roaF• Q ,J .I .�• �r,� ,, a� r''� s; � i 7�y�� 11 bl 20.0 v 0---- - ••--0 � .,�19.o r r �1 '^� °d °, � � 3 �P,� `�\ �y�6•33 =i , �i�d�1.�Qi �'-' �y j �'�Z�� 3.5 ' 0 � � � _ '° ho�sc a.s� . - - - - - - - � --- I �, h , b ', z5.3a --zo.o -0 � '� S.� � o� � � N� �v % ;� o �� ' /✓89°Z4"�"l�l 267.6/ rneQs. Z66.6 ' Q�� De.�a tI�d M t sasc.r e.rn w�-5 �ro��ded b�.� e+.�,l�eo�,l " bc�scd c.n trcrns trarl4d � w�� . � � � ZONING FILE NO. 09-3399 EXHIBIT B RESOLUTION NO. �L�`� F�Yv".-�r. ��.4�.r.�'� _ �.�J- `_. „ , � .. y��r.�- �:�� ..._ i.1'��.":�R...�. -t- ".�1..,-�-_ �� b(� e�cls c�c�s l-�- w�hdcw � o�ne,�' � �fni�q(e,s d��nUe- w��- �f-� hws� �e�4w� '�l t� h'1 uS�- be. ��:12 � � 5 icl�n i� c��b�e e,v�cls _1 h�l us�- b� S�,vr��. � s�c(e� w�lls ,�c� w� hws�e.- y � ' ! �� u�� ,��,,� k 1 � ��¢�vheacl cloor> (v��4ac1. c�oar� '�E- e x�sh n q F C wAl� I � ��., - ^�i_,` (�` . STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on April 27, 2009, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this lst day of May , 2009. � .' � � � � .�'�LT�v �.� ,�/�: �'� ` City'Clerk ��N � �,: a , � (seal): ,. ` t ; �, . .±- � � i � L y. }' ;r��, i � � � � /(/� � L/(N ` ��- l� "�" .�` y � '��.�,r;��rl�8''� �� Doc No T4656006 Certified, filed and/or recorded on 6/15/09 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill �. Aiverson, County Auditor and Treasurer Deputy 1 Pkg ID 546737 Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1102245 This cover sheet is now a permanent part of the recorded document. � ! 1 !__'��: y � " A RESOLUTION GRANTING A VARIANCE TO THE ORONO, MINNESOTA, CITY CODE SECTION 78-1435 FILE NO. 09-3399