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Home My WebLink About#4082-variance-1998 4 +■ . �-- /.�, o,�,. /o 0 � - CITY of OROND �,�.. � � �� '�' RESOLUTION OF THE CITY COUNCIL � L\�9�ESHp�,t�' NO. � � � � � A RESOLUTION GR.ANTIl�TG A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.21 SUBDIVISION 5 (B) FILE NO. #2367 WHEREAS, Lawrence E. and Rosemary C. Gleason (hereinafter "the applicants") are the owners of the property located at 140 Hackberry Hill within the City of Orono (hereinafter "the City") and legally described as follows: Lot 3, Block 1, "Daniels Long Lake Heights, Hennepin County, MN" (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on May 18, 1998, at which time all persons desiring to be heard concerning this application �vere given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.21, Subdivision 5 (B), to permit a side yard setback of 8' where 14' is existing and 10' is required. � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2367. 2. The property is located in the R-1B, One Family Residential District where 1/2 acre or 21,780 is the minimum lot area. The property consists of .53 acre or 23,100 sq.ft. 3. The Planning Commission reviewed this application on May 18, 1998 and recommended approval on a vote of 5 to 0. 4. The Planning Commission made the followina findings of fact: Page 1 of 4 � � � , � O� O O - �� - CITY of ORONO .� � �� t,'�' RESOLUTION OF THE CITY COUNCIL �9kESH�4� NO. �. G�a � � A. The subject property conforms to the minimum standards for the R-1B zoning district. B. The property is surrounded by Hackberry Park on three sides. C. The existing residence is a walkout rambler and the topography slopes to the rear of the property. D. The side yard variance will not interfere with adjacent residential properties. E. The existing master bedroom is 10' x 10'. The addition will extend it by 6'. F. The residence was built in 1958. Due to the walkout design of the residence, an expansion of the existing bedroom is most practical into the side yard. The proposed addition is architecturally compatible with the existing design. 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 variances ��ould not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; �vould 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. 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. Page 2 of 4 N �� / /� o� 0 0 �d. - C IT�' of ORON4 a ^ � ti �� ,'�' RESOWTION OF THE CITY COUNCIL L9kESH�g'� NO. t� �� `� CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.21 Subdivision 5 (B) to allow a side yard variance of 2' for a master bedroom expansion. The existing setback is 14', the proposed setback is 8' where 10' is required. Approval is 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 (May 26, 1999). 2. Violation of or non-compliance �vith 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 agree to the recording of this resolution in the Chain of fI'itle of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of May, 1998. ATTEST: _ // �� , � ..� ��z1 � �/1��'.� �'� _o�� - , -� Linda S. �'ee, City Clerk Gabriel abbour, Mayor � , � �.�� Property Owner s � Page 3 of 4 r � / O � � /O O �b. - C ITY of ORONO � � �� G'ti RESOLUTION OF THE CITY COUNCIL t`9kES_8� NO. i�� a STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument �vas acknowledged before me on this 26th day of May, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. .:.:.,�.� ;� ;�=�' CAROLE A HASEMAN � ,e';�A�s � NOTARY PUBUC-MINDJESOTA ��,�� ) � �� Q � ,, �a•.-, HENNEPINCOUNTY ti-- " � �-•— ''' "'"" My Commission E�cpires Jan.31,2000 Notary Public t f� -'-,�,� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �_s-�- day of .�1y,�_ , 199�' before me a Notary Public within tY, P Y PP /�.�1�� ._��L , � r and for said coun ersonall a eared . �: /� r,Q��r��,-,;�.��l�;-��, h :��r�f• known to me to be the person(s) described in and who executed the fo egoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A.HASEMAN ` NOTARY PUBUC-MINNESOTA G r� O J C �� `-'••t,: HENNEPIN COUNTY �" rCe � �r"��'L�J My Commission Expires Jan.3t,2000 NOTARY PUBLIC 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 4 of 4