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Home My WebLink About#4960-variances-2003 1 � 1 � I O� O O �' CITY of ORONO ��:. .�. � ,� � ,��r-� ti �'.� � Y' `� �O G'�' RESOLUTION OF THE CITY COUNCIL ��kESHp� NO. � � `' � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) SECTION 10.03, SUBDIVISION 9, SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16(L)(2) FILE NO. 03-2888 WHEREAS,James D.Cusack and Christine M Grace, (hereinafter"the applicants") are the o�vners of the property located at 4140 High��ood Road within the City of Orono(hereinafter "the City") and legally described as follows: Lot 36, Highwood, Lake Minnetonka, Hennepin County, Minnesota. (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24, St�bdivision 5 (B) to permit a new single family residence on a lot of .27 acre area and 51'w�idth where 1 acre area and 140'width are normally required; Section 10.03, Subdivision 9 to permit an accessory structure on a lot without a principal structure; and Section 10.22,Subdivision 2 and Section 10.56,Subdivision 16(L)(2)to allo�v 295.23 s.f.(94.9%)hardcover in the 500-1000' setback area where 108.88 s.f. (35%) is allo�ved. `VHEREAS, after due published notice and mailed notice in accordance with I�linnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Comrriission held a public hearing on March 18,2002,at�r�hich time all persons desirin�to be heard concerning this application �vere given the Dpportunity to speak thereon. NO�ti', THEREFORE, BE IT RESOLVED by the City Council of Orono, l�Sinnesota: � FINDINGS 1. This application was reviewed as Zoning File#03-2888. 2. The property is located in the LR-1B Zonin�District, �vhere 43,560 s.f. or 1 acre is the minimum required lot area. The property consists ofapproYimately 11,853 s.f.or .27 acres. Pa�e 1 of � � � � O "`__.� O O �� CITY of ORONO ,� . ;�:, �, ti �� p'�' RESOLUTION OF THE CITY COUNCIL ��kESII04� NO. � � s�,� � 3. The Orono Planning Commission reviewed this application on Apri121, 2003 and recommended approval of the proposed variances based upon the following fmdings: A. The property has been developed with a residential use since at least 1950. B. The site plan indicates the proposed setbacks meeting 10'side yard,35'front yard and 30' reaz yard as required for LR-1B zoning district. C. The detached accessory building will be the only garage/storage space on the property. D. The lot size is consistent with that of other developed properties in the neighborhood. E. The adjacent properties on either side of applicant's property are developed with existing single family residences,hence no additional land is available to make the lot lazger. F. The residence and garage meet the 15% lot coverage by structures for the property. G. The hardcover variance is necessary because the 500-1000' zone which contains the driveway, is a very small part of the rear of the lot. There is no other hardcover that can be removed to compensate. 5. The City Council finds that tfie 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 will not adyersely 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 di�culty; 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 Ctty Staff,comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. Page 2 of 5 � , O.�? � `-r O O � C ITY of URONO � � 3 � �ti RESOLUTION OF THE CITY COUNCIL ��kEsl3�g'�G NO. � � � � 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 10.24, Subdivision 5 (B)to allow new single family residence on a lot of.27 acre area and 51' width where 1 acre area and 140' width are normally required; Section 10.03, Subdivision 9 to allow an accessory structure on a lot without a principal structure;and Section 10.22,Subdivision 2 and Section 10.56,Subdivision 16(L)(2)to allow 295.23 s.f.(94.9%)hazdcover in the 500-1000'setback are where 108.88 s.f. (3�%)is allowed. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by these variances 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 these variances will expire on that . date (Apri128, 2004). 3. Violation of or non-compliance with any of the terms and conditions of these variances shall constitute a violation of the zoning code,shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. 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 recordin�of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono,Miruiesota at a regulaz meeting held on the 28th day of April, 2003. ATTEST: �r2s�-it, ,� U..E'.lZ-- ��C�.�'-�'-fc-� Linda S. Vee, City Clerk Barbara A. Peterson, Nlayor / ' . . �� y ��. . � Property O�vner Property Owner Page 3 of 5 , , O� . � O O � � CITY of URONO � --- ,. � ti . ti RESOLUTION OF THE CITY COUNCIL ��`9.k' Og'�G NO. 4 � +�3 � ESII STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing instnunent was acknowledged before me on this 28th day of April, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �� -�,� �� ` g .G�.� � xR1�1i �.�DE��! �;� �- -�.ti�� Nc�;-vat�.�-��s��st�'� � Notary Public ;��u k��;,-� ;.� � � 'Y�.(`,S,'(I�EA01C�'iifCS ad% J 1 il t�r 4�•; . � i .ttiyr�- �..�''�'�-"'�z-'-rria'.J?fY��'+'a'�' . _ 3 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instniment was acknowledged before me on this�C��h day of April,2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �� . �.��l RACHEL DODGE �z_L f�� (�' ��_ � � NOTARY PUBLIC-bSINNE^OTA ; r,1y Ccmmisston Expires Jan.31,2oos Notary Public .:w:.�:_ .._:.�=.�r...:.�.�:..,�:. .____�._{ . STATE OF MINNESOTA COUNTY OF HENNEPIN On this�day of� , 2003, persona y appeazed before me, � '� who is personally kno�vn to me whose identity I proved on the basis of whose identity I prored on the oath/affirmation of , a credible�vitness and�vho executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. No ary Public xA�Err�,x�axa,c.� NOTARY PUBLIC-MPINE90TA t MY COMbIISSION EXPlRFS i•31-06 Page 4 of 5 o,�,. : � . 0 0 CITY of ORONO ,� ; � : .;. �, ti �� Gti RESOLUTION OF THE CITY COUNCIL �kES�I�4' N0. � � S �D STATE OF MINNESOTA COUNTY OF HENNEPIN On this��day of ,2003, personall appeared before me, who is personally known to me whose identity I proved on the basis of � whose identity I proved on the oath/affumation of , a credible witness . . and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. � No Public KATfII�.'EN M��GRACE ,tOTARY PIJBLIC—��-08 r,fy�GsMMISSION FJ�IRFS ' Page 5 of 5 a o • � ee v � �� : . . • �• % _ v� � • � � °v T > - - � a �, -- --� - . ; a; 3 /D�i�� / '� 9 6 Q r �- , r . p• j� , ��E � ' � � . : oi� �/. i = o � ��, �� _ � � �� 9°�� . #� �� _ �4!f i � �� ;y,,� �,`,, _ � � � , t �� ' ��f� • � , ,. - _ � ��•� ;,, : T ' � � � ` ��l � ' � \ � ,� , • � i .. � 1 �� /////// / �/ � � � `��#� �� . /•/ � •/ /I * ^ ` V` . 1� � `�� \ • \1 ,! �� j ,� � � i t `�� . � t \ �� , ` � ��{�\ C� . ��— � L .b � \ a \ �t � `� � � � � � � \ C � � } �� ' �. . � ' ' =I,� � �� % f� �� f�" %� ' / � � c � �� c� , '�'%,; � �n i �� ,-� �•> � � r�+iz`,� ,i �� °� ! �' .� 7C, C�� .a = � �� :i � � `: � � j �` % �i ' 1 . � 3 s 5� i f i�'� �i _ ��` ��,��.i�� ` � ' ��;�� p�� / � �� ;�� zx�� i �� _ ;a i� �� ¢� ��:� S S S S�-� / � � ��5� ;i� �x � �� `� �t� � � � �� ; �� ., ��j �� . . � --1 �_� � �� €� � . � i� �e � �� t��'�� ,. � _� '4 �� t�.�=�� CD •�? €� t t e•� k��, C�tCCC �� Z � � ' ._� xg t� � �k� •� � t ��' v �� `� �} �� _$ � '� . � � ��; t= � � � � �t� �' . � �� t - R � , � �: � �' ��q��iX� . �.