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Home My WebLink About#5030-variances-2003 . t _/ � � O� O �, O ��_;- , CITY of ORONO � � , : 1;�.: � �'�� G~ RESOLUTION OF THE CITY COUNCIL �kEs804 NO. -� O � � A RESOLUTION GRANTING VARIAIVCES TO l�IUNICIPAL ZONING CODE SECTION 10.24 SUBDIVISION 5 (b) FILE NO. 03-2931 WHEREAS, Timothy G. Osterberg & Kristi J. Osterberg, husband and wife, (hereinafter "the applicants") are the ow:lers of the prope.�-t�,� located at 1045 Loma Linda Avenue within the City of Orono (hereinafter the "City") and legally described as follows: Lots 26, 27, &28 Loma Linda, Hennepin County, ?�1i,-uiesota (hereinafter the "property"); and WHEREAS, the applicants nave made application to the City of Orono for a variance to Orono Municipal Zonir.g Code Section 10.24 S�:bdivision 5 �b) to allo�v replacement of an existing garage 28' from the front lot line w-nere a setback of 28' is normally require�. NOSV, �'HEREFOR� �E IT RESOLti'ED by the City Council of Orono, Minnesota: � � FINDI\GS 1. This application was reviewed as Zoning File#03-2931. 2. Tne property is located in the LR — 1B zoning district, which requires a minimum lot area of 1 acre and a front yard setback of 3�'. 3. The Planning Commission reviewed this applicatioa at a public hearina held on Au�ust 18, 2003 and recommended approval of the front yard setback va:-iance based on tne followin; fir�din�s: . a. The property is .466 (19,429 s.f.) in size when 1 acre is required. b. The existing garage has a front yard setbacx of 28' ar,d is proposed to be replaced at a setback of 28'. Page 1 of� . , , , � O� O O CITY of ORONO � �� .�,ti '� G RESOLUTION OF THE CITY COUNCIL �`�kEsHog'� No. � 0 3 0 c. There are limited alternative locations for the attached garage replacement due to the configuration and topographical constraints of the lot. 4• The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants 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 property are peculiar 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; 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. CONCLUSIO�'S, 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 10.24 Subdivision 5 (b) to allow the replacement of an existing garage to be located 28 feet from the front property line when 35 feet is normally required, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are 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 applicants, but are permissive only and must be esercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the�•ariance will expire on that date(August 25, 2004). � Pa;e 2 of 5 � � � °� 0 0 CITY of ORONO � .�. � �'C�� G~ RESOLUTION OF THE CITY COUNCIL �kESII�4� NO. e� O � O 3. Violation of or non-compliance with 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. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicant's heirs, ' successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 25`h day of August, 2003. - ATTEST: ��X-y��'. �� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor �/� - Prop y Owner(s) , Page 3 of 5 : � °� 0 0 � � CITY of ORONO � ;-. ti �'C�� G~ RESOLUTION OF THE CITY COUNCIL `�k'EsKo�`' No. 5 0 3 0 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing inshument was acknowledged before me on this �day of �-t,��_, 2003 by Bar bara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on beha�of the City. �--a=:_: �. at�c.,t`x� l�Jv�-CC,,� � T°�� RACHEL DODGE Notary Public - `1 NOTARY PUBUC-MINNE?OTA _ ,' My ConunBsion ExpYes Jan.31,2C05 :� _ ...�:.::::._.._r.... � ._.. .. -. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoir�g instrument was acknowledged before �e on tnis �day of ��r , 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota mu.nicipal corporation and said instrument was executed on beha�of the City. �C�.��--�� 1:��'�� Notary Public �— ; � RACHEL ppQ�E NOTARY PUBUC•MlNN�^OTA � ��r!Commission Exp�s Jan.37,2005 �.' . . .�.. -.. ..."— .?�s.?.�,...,.�,._,,,,_�.--�-.-..�.r_. . 1. r" Page 4 of 5 � � °� 0 0 CITY of ORONO ,� - ..;. �., ti �� y �G~ RESOLUTION OF THE CITY COUNCIL. `9kES�I�g' NO. � o � � State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this /5'�`'day of��c-,- 2003 by Timothy G. Osterberg,husband of Kristi J. Osterberg. gqRgpRA G.SILUS �� 3�� NotaryPublic State of Minnesota ) ) ss. County of Hennepin ) This instniment was acknowledged before me this JS'�day of :� , 2003 by i{risti J. Osterberg, wife of Timothy G. Osterberg. D�NISE M.LESKINEN �. , NOTARYPlJ8L1C-MINN�SOTA ;•= VOt�PUbI1C �:�N My Carunissien Expiras J�n.3 i,""^� - t- -�.�.�...:.:,•.�,:�_ Page 5 of 5 - � � � � �� Y � � CERTIFICATE OF SURVEY � 0 .3 Q FOR: KRISTI OSTERBERG LEGAL DESCRIPTION: Lo ts 2e, 27 & 28 LOMA LINDA, Henn e in Co . P un ty, Minneso Ea. L�MA � � LINDA AV.�. ed e o/ bitum;�o�= �oQd O — _ _ - 130.0 PI a t 1 ��,0 r��l , 31.08 Meas. � � . ,y,�. -. , -- , , , . � � � ; . . . .. � . 0 0 �`� r� �� "�8.3 v . . � � � M � " � � � ' EXISTING s.� � - � j � � � . w�j n '' 2a.2 . -'�C � XO USE ��' • � YBituminous `�[ � `N � 11.5 O�ive . � ' � � � � '� N 1 13.0 � � `FJ � I �� Area=19,952 SF n .� �" j� ��tRA�� , V��, � b O / /l T ., � . o � L.V I �v � � P K] � N �l T ��' �i °e_ . 1 /1'T' L/ / L�i � p� L.V / �/� � � �'°� �rr a � o b � � O 140.0 Pla t - � . _ 139.95 Meas. � ., I SE�BAG � ''�, � � Adjocent House �i � o Denotes�� ,, I I � Denotes found monument ' C:\EP\OR;.w\i2s59[ DEMARS-GABRIEL � hereby certi(y that this survey, pian or report wos prepored by me or under my direct supervis;on cnd that I am c dul Re File No. LAND SURVEYORS� I�(�'� Lcws of the State oF Minnesoto. Y g�stered Land Surveyor under the 12159 3030 Harbor �ane No. ,� ��''� Book—Pac Plymouth, MN 55447 Dovid E. Crook ��''��' 416f27 Phone:(763) 559-0908 � Dcte: ' ��' $CafE Mlnn. Reg. No. 22d14 �"_30� G'�`C�t w �':� ;;. • S 3:'. ;`; _ r, . --• '� _... . _ -. -f i �