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Home My WebLink About#4872-variance-2002 . w e � � O� O i�� O ��,�_ - c iTY o� o�oNo �� ,�� , r� � � �,;;:� �, � �� G~' RESOLUTION OF THE CITY COUNCIL �L`�kEsKo�`'� No. 4 � 7 � A RESOLUTION GRANTING A VARIANCE AND CONDITIONAL USE PERMIT ' TO MUNICIPAL ZOIVING CODE SECTION 10.03, SUBDIVISION 9 (D); AND SECTION 10.03, SUBDIVISION 10, FILE NO. 02-2822 WHEREAS, Danielle Henely (hereinafter "the applicant") is the owner of the property located at 3422 Livingston Avenue within the City of Orono (hereinafter "the City") and legally described as follows: Lot 21, Block 2, Navarre Heights, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) and a conditional use pemut per Section 10.03, Subidivision 10 to allow an accessory building to be constructed on the subject property closer to the street than the principal structure and on a through lot; and for a variance to retain part of a first floor deck which has a railing greater than 42"above grade. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 16,2002,at which time a11 persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota.: FINDINGS 1. This application was reviewed as Zoning File #02-2822. 2. The property is located in the LR-1 C Zoning District,where.5 acres is the minimum required lot area. The property consists of approximately.19 acres. 3. The Orono Planning Commission reviewed this application on September 16,2002 and recommended approval by a vote of 7 to 0 subject to conditions. 1 of 6 . � � O� O O � CITY of ORONO ,� - �;. � ti ti RESOLUTION OF THE CITY COUNCiL ��`9k'ESI�O�'�G NO. 4 � '�' � 4. The Planning Commission made the following findings of fact: A. The accessory building meets required setbacks from both Livingston Avenue and Shadywood Road. B. The proposed conditional use would not be detrimental to public health, safety or welfaze and will not be out of character with the neighborhood. C. The property currently does not have a garage on it. D. The accessory building does not exceed the height of the principal building. E. The subject property is a"through" lot located in a"R"District therefore a conditional use permit is required for an accessory building. F. The existing residence was built in the early 1960's,prior to current zoning standards. G. There is not room on the rear or side of the property to place a garage. H. The rear of the property drops significantly. Access from Shadywood Road is not feasible. I. Applicant has agreed to make changes to an existing illegal deck to meet a 15' setback from Shadywood Road but which may still constitute an encroachment if the deck railing extends more than 42"above grade. 5. The City Council finds that the conditions existing oti this property are peculiar to it and do not apply generally to other property in this zoning district;that granting the variance will not adversely affect traffic conditions,light,air,nor pose a fire hazazd 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 Zonin�Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit will not be detrimental 2 of 6 �o� 0 0 � � CITY of ORONO ,� -: ;.. � . ti ti RESOLUTION OF THE CITY COUNCIL �� , ��G 4 � 7 � kESIIO NO. to the health, safety or general welfaze of the public,will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties,nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the Ciry. 7. The City Council has considered this application including the fmdings and recommendations of the Planning Commission,reports by City Staff,comments by the applicant and the effect of the proposed variances on the health, safety and _ welfaze 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 10.03, Subdivision 9(D)and a conditional use permit per Section 10.03 Subdivision 10 to allow an accessory building to to be constructed on the subject property closer to the street than the principal structure and on a through lot; and for a variance to retain part of a first floor deck which has a railing greater than 24"above grade. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A with staff notations. Any amendments to the site plan may require further Planning Commission and City Council review. 2. �uthorities granted by this variance run with the property not with the applicant,but aze permissive only and must be exercised by application for a building permit within one yeaz of the date of Council approval,or these variances will expire on that date (October 14, 2003). - 3. Violation of or non-compliance with any of the terms and conditions of this variance 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 applicant has read,understood and hereby agrees to the terms of this resolution and on behalf of himself,his heirs,successors and assigns,hereby agrees to the recording of this resolution in the Chain of Title of the property. 3 of 6 � O� Q O � CITY of ORONO ,� �, ; �, ti �� G~' RESOLUTION OF THE CITY COUNCIL ��kESfI04� NO. 4 8 "� � Adopted by the City Council of the City or Orono,Minnesota at a regulaz meeting held on the 14th day of October, 2002. ATTEST: -- �° � ._ �d• �-- ;:��- U.-�- .a� Lin S. Vee, City lerk Barbara A. Peterson,Mayor i t Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 14th day of October,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �� Notary Pu lic AUSSA A WINTERNHEIMER STATE OF M �NNESOTA NOTi�rPueuc,�ur�� COUNTY OF HENNEPIN ��F��=s Jan.31,2oos ', �. _,;,;..,_,.._::.:.-�.-�---�-,---,-.-..-._.Y_,^..,._' The foregoing instrument was acknowledged before me on this a 3 �'day of October, 2002 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. .� � � ,��,� RACHEL DODGE �� .e.� ,DCc�<' J �" �� 1 NOTARYPUBUC.�nNr�^orA Notary Public - � MY Gammission Exp�Jan.31,20a5 •::.x::�.�. 4 of 6 � °� 0 0 g CITY of ORONO ,� , .,.. � ti ti RESOLUTION OF THE CITY COUNCIL �L� � 4�G � k'EsK� ru�. 4 7 STATE OF MINNESOTA COUNTY OF HENNEPIN On this�"day of ,v � ,2002, � 'e,��2 • teYt2.� '�- personally appeared before me, who is personally known to me �.- whose identity I proved on the basis of � �L whose identity I proved on the oath/affirmation 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. � Notai P ' DENiSE M.LESKINEN NOrTARY PUBUC-NON1�90TA STATE OF MINNESOTA �C0'""�°�0"�'�"'31'� COUNTY OF HENNEPIN On this_day of , 2002, personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of , a credible witness and�vho e.cecuted the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public 5 of 6 CERTIFICATE OF SURVEY FOR 4 � � � DANIELLE HENELY . � �OF LOT 21, BLOCK 2, NAVARRE �HEIGHTS � HENNEPIN COUNTY, MINNESOTA _ C�� . . --� � �� s � �`�; . �'O . �. . � °o., � �l� ►+«,� � � ��, � ~ �� k� . `,o� � � �� S.� . ,r� � G� `� � �° ��sct`}' , � . •------�,--- �,a �,� �" �,e,5 � � � � � C.�` � � � cO M EXISTING " � v�i rn � � ��'- HOUSE � � � � �.o sa �M n+s eaece �c Di O \ lKM I.I . p ' � 163 � t—�'- TD 8E REMO�m W � �°t ��w0°'�ra LEGAL DESCR I PT I ON OF PREM I SES : � Lot 21, Block 2, NAVARRE HEtGHTS � � 2 � � a � ;';; - � o : denotea iron morker p � FE� Msm�n Bearings shown are based . . Z; o� uE°�" upon an ass�med dat�rn TO BE t�ovEo 3 . . . . � j ^ �� This survey.intends to show ,�,_,_ the boundaries of the above descr.ibed property the locatton °°ST�c �o.0 20A �0 N of an ex i st i nq house and shed. • �- and the location of all visible F� p , "hardcover" thereon, and the /A��KfI ��.vr..,�, o ; proposed location of a proposed K� : gara ge and driveway. It does � c�vet "'� N ;' not purport to show any other ' ORNEWAY � �� irrproverients or e�croachrents � � ; : ._ .. N $ I . • . f '--N 89°42' 11" W 50.00 � R LIVINGSTON AVENUE R � ob - I IrreB�r eai�p dat this a^r1�at prep�ed by n a udar�r Qrad aqc- 1 M� � : GBONBBRG dc ASSOCUTB3,IN� ��+a e��a e,r��a aa��a i.�a s�.�� oamQ tao sua�� a��uK sto��o��a . +�s n a�c� tac u��s$a � s�?i�o2 O � io/y i ..�1.�G.��.s��'.�,�tc.,� �oe wo� 952-E73-4141 I�Iak S.Aaibx Ifrnaota lkaae 12755 OZ-388 � . 02-388 Pat�e 6 of 6 �r'� �r��'�ln�t.