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Home My WebLink AboutResolution 5842 � o.�,. 0 0 ��a. - C ITY of ORONO � � � � �''� ' � � G'�' RESOLUTION OF THE CITY COUNCIL ��kESI30g'� NO. �� $ � 2 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-420 & 78-1403 FILE NO. 09-3404 WHEREAS, Paul A. Bennett and Megan M. Bennett, husband and wife (hereinafter "the applicants") are the owners of the property located at 500 Hanlon Avenue within the City of Orono (hereinafter the "City") and legally described as follows: Lots 1 & 24, Block 14, Minnetonka Bluffs, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made an after-the-fact application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-420 to allow a covered porch over an existing deck. The porch is set back 40' from Hanlon Avenue where a 50' setback is required; 22' from Dickenson Street where a 50' setback is required; and set back 12' from the. south side lot line where a 30' setback is required; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1403 to allow 1,984 s.f. of structural coverage where 1,942 s.f. (15%) is normally allowed for the covered porch. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File 09-3404. 2. The property is located in the RR-1B One Family Rural Residential Zoning District which requires a minimum lot area of 2.0 acre and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on May 18, 2009 and recommended approval of after-the-fact variances based on the following findings: Page 1 of 4 � o � o ,, _ o C ITY of ORONO a q ��, �i:� � �''.� �"� G�' RESOLUTION OF THE_CITY COUNCIL ; ��kESII04� NO. �� S � � a. The property contains 12,947 s.f. in area and has SO' in width. b. The lot is substandard in area and width and a residence has existed on the property for many years. c. The property consists of two parcels with a platted, undeveloped alley between. Although the 2°° parcel has been included in the lot area calculation, the alley between the applicants' two parcels has not. This alley serves as additional open space. d. There is no additional land available to bring the lot width or lot area into conformity. e. The setback variances as requested are in line with the locations of other homes in the immediate neighborhood. 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 exis�ing 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 neiahboring 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-420 to allow a covered porch over an existing deck set back 40' from Hanlon Avenue where a �0' setback is required; 22' from Dickenson Street where a 50' setback is required; and set back 12' from the south side lot line where a 30' setback is required, and �rants a variance to Orono Municipal Zoning Code Section 78-1403 to allow 1,984 s.f. or structural coverage where 1,942 s.f. (15%) is normally allowed for the covered porch, subject to the following conditions: Pa�e 2 of 4 � o � 0 0 '�a� CITY of ORONO ,__ � �� `u�� RESOLUTION OF THE CITY COUNCIL ��`9kESH�4�� N0. � � 4 2, 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. This Resolution shall be recorded upon receipt of a complete after-the-fact building permit application. Said building permit application shall be received by the City no later than June 30, 2009. 3. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (June 8, 2010). 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 �ranted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understand and hereby ab ee to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assi�s, hereby a�ree to the recording of this resolution in the chain of title of the property. .. . Adopted by the Orono City Council on the 8`h day of June, 2009. 'AT�TES`�� ;_,` �, :> - ;; �; > � �� .,. � C��-- �%� Y,i�da S,:��e,.City Clerk J es M. White, Mayor ,%., h ^ � , (I�� i' �� / ( •V roperty Owner(s) ��- Page 3 of 4 � � O ,:., O �,. - , �ITY of ORONO � � �� /J G'�' RESOLUTION OF THE�ITY COUNCI L L`�kEsKo�`'� No. � 8 4 2 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 15 day of cJ�� , 2009 by Paul A. Bennett, husband of Megan M. Bennett. ��a BARBARA G. SILUS ` _ _ NOTARY PUBLIC-MINNESOTA � \� J�u^'`� . My Commission Expires Jan.31,2013 Cj�� `�. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPI?�i This instrument was acknowledged before me this 30 day of Gc��2009 by Megan M. Bennett, wife of Paul A. Bennett. BARBARA G.SILUS ��. Notary Public _ NOTARY PUBUC ie��anE31��13 �.:,,��. My Commission Expi Page 4 of 4 . � ��-U"tT b 1J HANL�N e4VE. � Exhibit A � s �0�24� oo�� E 5a.00 � g � 2' r r �� J o �3�, �r-- �� Z `�S `'� '- . �..� � �; ,,.� Cl) °° - - -- � °��" � `° � 50 � oi i o.a 28_3 � �y N � � � � �� W � �o � v� � � � � o � � o � / . o ir.? _ 1D.O �� o �� i..l..� � �� yc3 o Z b J'i v� cv T�D �� .�.. � - - 7.6 - - 12.4 - -9-6 - �� o I i 'rB.4� �. ' � O�'�.�0 �\ w� I . � �w� O . `` U ` \� �\�: �q� S \ � �J� � �-� � �� ¢ �C G � �... \ �� I � z4-o � 8-9 � ��p ,i �` o � ,-�- - - � .0 i I '^ o; p W \ � yti� � � - �� I � � �� J �� . I ` O I ' . _ H oo�2s� 23�� w so.00 �� ; � - �, ; — � y f . �/. = �� ` `1 . � �� ~ 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 June 8, 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 / 5t day of f , 2009. �D�P�_�,��t��!/ Monica Fadness, Administrative Assistant �`�,1�a �. ;�'` .:!' C�j'''�, . �f •� „i-., �� '. � .; ', ,i ° : c-> i �-, �.� : c� i•' � , , �, r•, .., , . . �; �„ - �, c ' n �`� x a 'k, "` � � . _: �� / `�f� . ... •l:? , �� ;{` Doc No A9392488 r Certified filed and/or recorded on ;�' 7/16/09 12:00 PM % Office of the County Recorder ,'� Hennepin County, Minnesota r-' Michael H. Cunniff, County Recorder Jill L. Alverson, County Auditor and Treasurer �f Deputy 59 Pkg ID 553939 � Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-420 & 78-1403 FILE NO. 09-3404