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Home My WebLink About#4551-variance-2000 i!-` /�� Q \ � � � 0�, �,. - � C ITY of �ROND a � ti � �� '�/� RESOLUTION OF,THE CITY COUNCIL `�kEsx�� rvo. ��. � A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B), FILE NO. 2629 `VHEREAS,KeithNord,(hereinafter"the applicant")has an interest in and Virginia Griffiths and Harold Griffiths are owners(hereinafter"the owners")of the property located at 124� Lal:eview Avenue within the City of Orono(hereinafter"the City")and legally described as follows: Lots 17 and 18, Block 1, Maxwell's Addition to Crystal Bay Lake Minnetonka, Hennepin County, Minnesota(hereinafter "the property"); and WHEREAS,the applicant has applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit a 16' X 24.5' residential addition to the existin� house located 6'from the east property line where 50' is required adjacent to a right-of-way and a 26' sztback to the front property line �vhere �0' is required; and WHEREAS, after due published notice and mailed notice in accordance with l�iinnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 16, 2000, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Nlinnesota: FINDINGS 1. This application was reviewed as Zoning File #2629. ?. The property is located in the RR-1B, Single Family Rural Residential Zonina District. 3. The Orono Planning Commission reviewed this application on October 16,2000 and recommended approval by a��ote of 5 to 0. �. The Planning Commission made the following findings of fact: _ Page 1 of 5 . . /i�p� � � O O �rd. - CITY of ORONO � � � � � ; RESOLUTION OF THE CITY COUNCIL ��kESH�4�'G NO. G '7��j �� A. The property was developed in 1958 prior to the adoption of the zoning ordinance. B. The existing house is located 29.8'from the front property line and 22.4'from the east property line. C. The setbacks on the property leave a minimal building pad that could not be used for additions to the existing structure. The orientation of the house and location of historical access limits the addition to the east side of the house. D. The property is located in the Crystal Bay neighborhood where most lots are similar in size and dimension to the applicant's property. E. A platted,but undeveloped,alley is located immediately east of the property. The City of Orono has no intention to open the alley for construction of a public right-of-way. F. Vacation of the alley was discussed at the Planning Commission meeting. It is the position of Staff and the Planning Commission the entire neighborhood should jointly apply for a vacation of the alley. If the alley were vacated at some time in the fiiture,6'would go to each adjacent property owner. Utility easements would be required over the entire 12' because the alley is used for utilities. There would be 12'between the center of the alley to the corner of the proposed garage addition. G. The height of the house will not be increased by the proposed addition. �. 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 grantin� the variances will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neijhborin� 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 �vould be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. . Page 2 of 5 //� /� O� O O \ b` - � C ITY of ORONO � ^ �/�N ��t G'� RESOLUTION OF THE CITY COUNCIL � 9 ��/ rvo. ' �-�.� 5/ \kEs� � 6 The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by City Staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit a 16' X 24.5' residential addition to the existing house located 6'from the east property line where 50' is required adjacent to a right-of-way and 26'to the front property line where SO'is required.Approval is subject to the following conditions: 1. Authorities granted by the variances run with the property not with the applicant,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 (October 23, 2001). 2. Violation of or non-compliance with any of the terms and conditions of the variances 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 applicant and owners have read,understand 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 Title of the property. . Page 3 of 5 /% O �� O O � �d. - CITY of ORONO ,� � � � �, , \�� G'� RESOLUTION OF THE CITY COUNCIL \ ��kESH� N0. � ��_ �JrJ � � Adopted by the City Council of the City of Orono, Minnesota at a regulaz meeting held on the 23rd day of October, 2000. ATTEST: , , � , i�'��':J�-' = c/%-� �Linda S. Vee, City Clerk Gabrie Jabbour, Mayor �`�.,�_,t�, _ � � ,�-,.!i ,<,-- - Property Owner Property Owner !�� Applicant STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of October, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Nlinnesota m�nici al co oration and said instnunent was executed on behalf of the City. �;i MARY ANN JOHNSON '�� NOTARY PUBUC•bUNNESOTA :,�::. �f'��Jan.31,2(�5 QlLL 'y�lz! L-- - � Notary P�blic STATE OF MINNESOTA ) ) ss. COUi�'TY OF HENNEPIN ) On this -7 � day of IU C��►�'1�'-« , 2000, before me a Notary Public within and for said County, personally appeared �;i 1''�i�/1��. ��'��F;�'I 7�t5 , `�'1�--�vrJ-t know�n 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. . � HElDI N.STURMAN j l(�'.�+,�L ��=, , ,C/L�'�'� NO'TARY PU9LIC-A�NNESOTA ' �'h�ion Expires Jan.31,zoos Notary Public � Page 4 of 5 . . � �_-= � O� O O \ - � CITY of ORONO � 6 � ; �,� G'ti '� RESOLUTION OF THE CITY COUNCIL . � �t`9 4�' NO. '� '��; �� kE5� — STATE OF NIINNESOTA ) ) ss. COLTNTY OF HENNEPI�t ) On this 7�day of �G'L�'n"1�4� ,200�beforz me allotary Public within and for said county, personally appeared }4-�x�'h nSCk-�� > ��cL n� - kno�vn 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. HE101 N.S7URNIAN „( �� . ,,�I ��cp•ues�,la�n.31�,2005 ��1 / �., L Notary Public STATE OF MINNESOTA ) ) ss. COLINTY OF HEi�NEPN ) On this � day of ��/�►�1 3t/Z ,200 0 before me a Notary Public within and for said county, personally appeared �42c��D GR r-F�-�77� S kno�tin to me to be the person(s) described in and who e:cecuted the foregoin� ir.strument, ana acknowled�ed that he (they) executed the same as his (theLr) free act and deed. � WILTON L IUDVW �i. � \ �� ,a„�,,�,,.,��.� otary Public Pa?e � of 5