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Home My WebLink About#5196-variances-2004 1 � �� O ,h� O �:�.:,�:. C ITY of O1ZOl�T� � i ` � � �.�� ',� � ` `�� ,'�' RESOLUTION OF THE CITY COUNCIL � � �r " �' � � `�) � `9kESIIO�' NO. A RESOLUTION GRANTING VARIANCES TO NIUNICIPAL ZONING CODE SECTION 78-3�0 (B) FILE NO. 04-3014 `VHEREAS, Campo Bello Partners, a corporation (hereinafter "the applicant") is the o�vner of the property located at 3210 Navarre Lane within the City of Orono (hereinafter the "City") and le�ally described as follows: Lot 65, and that part of Lot 66 lyin� southeasterly of the northwesterly 20 feet measured at right angles to the north�vesterly line of said Lot 66, all in WALLACE'S A.DDITION TO THE VILLAGE OF MIIVNETONKA BEACH, accordin� to the plat thereof on file or of record in the Office of the County Recorder, in and for Hennepin County, Minnesota (hereinafter the "property"); azid WHEREAS, the applicant has made application to the City of Orono for a rear yard setback variance to Orono Municipal Zoning Code Section 78-350 (B) to allow a renovation consistinj of constniction of a second story above the existin� first story where the existing rear yard setback is 27 feet where 30' is required and the addition of two garaje stalls at a rear yard setback of 24.5 feet when 30' is required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-3014. 2. The property is located in the LR — 1 C, One Family Lakeshore Residential, which requires a minimum lot size of%z acre. The applicant's property is 0.36 acres in total area. 3. The Planning Comrnission revie�.ved this application at a public hearin� held on May 17, 2004 and recommended approval of the rear yard setback vanance based on the following findin;s: Paje 1 of� % �O� O •� O � : ;.. � CITY of ORON4 , ti . ,ti RESOLUTION OF THE CITY COUNCIL ��<9.k p4��'G NO. �i A � � E8Yi a. The configuration of the corner lot places the defined rear yard adjacent to the neighbor's defined side yard. b. If Kenwood Way were considered the front, the current defined rear yard would be considered a side yard where only a 10' setback is required. c. The existing rear yard setback of 27 feet at the house and 24.5 feet at the garage will be maintained and the non-confo�nity will not be increased. d. The existing shed �vill be removed decreasing the rear yard encro achment. 4. The City Council has considered this application includin� the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant 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 propei-ty are peculiar to it and do not apply ;enerally to other property in this zonin; district; that o anting 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 hardship 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 findin�s, the Orono City Council hereby grants a rear yard setback variance to Orono Municipal Zoning Code Section 78-350 (B) to allow a renovation consisting of construction of a second story above the existing first story where the existinj rear yard setback is 27 feet where 30' is required and the addition of rivo garage stalls at a rear yard setback of 24.5 feet when 30' is required, subject to the following conditions: Page ? of� �°� 0 0 � CITY of ORONO � >:3 s�.. ��'/ � ti/ RESOLUTION OF THE CITY COUNCIL �L`9kE Yip4�G NO. v ' �� s 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 are not in conformity �vith City codes �vill require fiirther Planning Commission ai�d City Council review. 2. The existing shed must be removed prior to issuance of a buildin� permit for the addition. 3. Authorities granted by this resolution run with the property not with the applicant,, but are permissive only and must be eYercised by obtaining a buildinj permit for the ne�v constniction �vithin one year of the date of Council approval, or the variance will expire on that date (June 14, 2005). 4. Violation of or non-compliance �vith any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. 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 14��' day of June, 2004. ATTEST: _.` ,, �__ � ' ' - i , /� ' - �� -,.. . ; , { ., , a...,. � 1 y \ � ' � ��.�.;�-�'C-�;c�' 1.....�� :��L�..�:�'�t�.G';�.� �. s' ,,r �,- �.�.. -� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor 1 � , ,,� 1' 1 �;�'�.-- ioperty Owner(s) Pa;e 3 of 5 s � O ` V O O � CITY of URONO � ,� � � .;:... RESOLUTION OF THE CITY COUNCIL ��l ��'~ � � � `�kEsKo�`' NO. � � STATE OF MINNESOTA COUNTY OF HENNEPIN , j.::F, ` The foregoing instrument was acknowledged before me on this r""!�� day of �;�,�;_; ;�;,_ , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota rriunicipal corporation and said instniment was executed on behalf of the City. ;, ,,y � �� b: --[ �_ -,z ' c;_..--.� ��-' � -�= Nota y Public � � �'�'� RACNEL p�C�C� � NOTARYPUBUC-MINP�;�_^�TA � My Canmissron Exp(res Jan.;;5,t0� STATE OF MINNESOTA COUNTY OF HENNEPIN __, ,, _:-.,. -- The fore�oin; instrument was acknowled�ed before me on this �''_ day of � �z.r.: , 2004 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. ��,.�,�:,,;,,_,:.. ,. ) FtACI�EL DflJ�E � � ^'"''� - \ �.:' � � �. ' � , � �, i_�-�'.... 1 c � � ', ,!t.__ pJOTAFYPULLIC-h1WS:=��5 , Notary Public p,��y C�TmisSion ExPires Jan.��, _ .��„�i��i.. . .. " ... �.'"^��^�. i Pa�e4of� �o� 0 0 � C ITY of ORONO ,� ... ..;:. �, ti ti RESOLUTION OF THE CITY COUNCIL �L`9kESH.�4�� NO. � � � � State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me tliis �_day of ��/ , 2004 by 1i,� j !c c.-c:k'> , President of Campo Bello Partner, a Minnesota corporation, on behalf of the corporation. „ ��._,__.. ;. -� ,�. - , � � ; � / . ,�:_,:. ' •ti D�yISE M.LES1<INE.3 Z� ��i ,�i' '�` /'� �� t�,� ;; �k' r ;i;:>i'�. ;. �'�,,.L•�T".._._. ___�_�--... �� NOTARYPUBLIC-MINNESOTA �,, Notar Public �>; Y��,;. My Comrt�s��Expires Jan.31,20rs_ , Y �.. ��- � Paje 5 of� � � � � . 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