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Home My WebLink About#5108-variances-2004.- " � O " • O ��. O �... CITY of ORONO � ;� � �'',� � p'�'� RESOLUTION OF THE CITY COUNCIL L� ' �� No. �s ` ��j s kESI;� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-330 SUBDIVISION B FILE NO. 04-2980 WHEREAS, Marilyn McClaskey, a sinale person (herein after " the applicant") is the owner of the property located at 2693 Kelly Avenue within the City of Orono (hereinafter the "City") and legally described as follows: Block 2, Carman Cove, Hennepin Count��, Minnesota � (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330 Subdivision B to allow construction of a 2"d story addition at a 20' front yard setback where 35' is required. NOW, THEREFORE BE IT RESOL�"ED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-2980. 2. The property is located in the LR-1B, ��-hich requires a minimum front yard setback of 35'. 3. The Planning Commission reviewed this a�plication at a public hearing held on January 20, 2004 and recommended approval of the front yard setback variance based on the following findings: a. The existing home exists at a front yarci setback of 20' where 35' is required. b. The home is located 20' from the front property line proba'ely due to the challenging topography of the lot sloping rear yard containing wetland. Page 1 of 4 r - �O� O O � � . CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL ��l ��'~ ; �,, .:�. �k'E38��' NO. � �i ,� c. Due to the location of the horne any additions or alterations to the front of the house require a variance. d. There is significant vegetative screening of the proposed addition from Kelly Avenue and from the adjoining property. 4. The City Council has considered this application including the findings and recominendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed vaziance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiaz 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 applicant, but is necessary to alleviate a demonstrable hazdship or difficulty; is necessary to preserve a substantial property right of the applicant; 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 78-355 Subdivision B to allow construction of a 2"d story addition over a portion of the home to be setback 20' from the front property line where a 35' front yazd setback is required, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any. amendments to the site plan which aze not in conformity with City codes will require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one yeaz of the date of Council approval, or the variance will expire on that date (January 26,2005). Page 2 of 4 f - �O� O O � � CITY of URONU ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESI;�g'�G NO. S � � .'i-�i. 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, sha11 automatically terminate any authority granted herein,and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 26�'day of January, 2004. ATTEST: „ �/ � � r� , ., ��, ,��;.� �._- �� .�- ��'z��'�� :��-.�`G�C=:�_��'7�: Linda S. Vee, City Clerk Bazbara A. Peterson, Mayor `. � > a,. �.. ��;'1-- „/` �: Propert}�-.� er(s) Page 3 of 4 � . �O� O O � � C ITY of URONO ti ��i� �G'�' RESOI.UTION OF THE CITY COUNCIL • `qkE880g' NO. � � !� '� STATE OF MINNESOTA COUNTY OF HENNEPIN -� The foregoing instrument was acknowledged before me on this �"��r�day of _.,_ic= �1�_ic.t.•t� 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municip corporation and said instrument was executed on behalf of the City. ;::, t� RACHEL DODGE �;"� ��'G�-� �_ �,.-�' �'y,l�,r.,�. r� �� an 3L�p5 �`> Notary Public ,:, ry� 4�.�.- .��:- ;_,_,.��,� STATE OF MINNESOTA COUNTY OF HENNEPIN ., i, _�- The foregoing instrument was acknowledged before me on this��„day of :' �'!''�-��L��j1004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal�orporation and said instrument was executed on behalf of the City. �;;� .,q ,; RACHEL DODGE `� , PU�JC-MWNE�OTA r; � ' �� +� `�;{� L n' ,�� NOrfARY �'_ /:._�_.. i -' �N��won�nee,ia�.si,zoa {,; Notary Public �7�— .._ 7: State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this ��7 day of ""c.� ��;,:.,;�;..�_?pp,.} by_,�,��-:�,�,��;� ;; t�,i,('I��,�'�, asingleperson. �� ' :� . r ��, '�i, :� - �-�.�� ,. Notary Public DENISE M.LESKINEN NOTARY PUBLIC-NpNNESOTA ` F'p.:,�,. My Carturdsslon Expires Jan.31,2�J^5 Page 4 of 4 `"� r..c++w vu� v�v� (61?) 941-3031 6440 Flyinq Cloud Drive Eden Prairie, MN 55344 � • . ��r�iti�a�� uri�� SUfVey F0�__d_�rtivn McClaskev BOOk Page Fle �d E�I'r 2693 Kelly Avenue � Or000. MN � w' ��/ � *� �E<<y� � y . 2,'vD S!LJf`''7. �' ��°�' , �FpUF �1 " � � ��kU D t T�0� 9��'�"° ,,; � - .., . ;�. 20` --� 'j�,^�c` ''o ,\ � �.� 7 e ` p4 � ��P N.�.- < �,� �� . � _��: � !�� •�� s•_ c� '4`� � `11- 6�� _ �`-�c� r � �'>. Scale: 1•■40' °� g•t � :.�r • �w • Denotes Iron Mon.Found ' , `��4• ,�, p. � �` � � , v� • e ' . � Land,Area: 34.247 sq.it. � ' .L -�yi "� House wtlh underground garage: 1296 sq.ft. �\ j44�� / � ,/,r �� BT D�ivexay: 840 sq.ft. r %/ • Conc.5ldewalk: 120 sq.ft. �a'��:,�, � ��/ ',. % Concrete Patto: 672 sq.ft. .�°' .��, s� �� /� � '•�• '� o. Patto Deck: 583 sq.ft. �h`%+�� . �( � Total Hardcover: 3511 sq.ft. t 4 � � � �� / �% .�''\ 10.25X Lot Cover yA�� 9�` �� C Setback Zone: 250-500' • �.31L / � , '�L= . �� '� :y '`�� • ` .., � � w �:, �.j1 ¢v' . Q,o • / • a, M��+��,•% - . / ,��1��i , z . f�,'� �� •3s� C,�� / ��f ' , f, . .� , • / / . ;' � f if � , . .Q �1,• /� 1 • � �• ' �• „ �Y I q'�' x9f.7 k'�° �� .9 � . . �9 , t _ A� � ,(/}7�t7` �' `V c� �escriDtlon� Block 2. Carman Cove. according to the recorded plat thereof. Hennepi: Cosaty. Minnesots. This plan. specificstion or report Nas prepared by me or under my diract saperrisi , ind that I am s duly Regtstered Land Surveyor in the State of Ntnnesota. SigneE ih+s 15th ;of December� 2003. � t �' r�nk R. Ca�dare e( 'sie eg. Ltcense No. 6308