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Home My WebLink About#3237-variance-1993 ' ,' � O� O .h � CITY of ORONO ��e.'=� ,� RESOLUTION OF THE CITY COUNCIL � ��=�' ti NO. 3 2 3 7 `�,� ` �, G� ��kESB�g'� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 2.3, SUBDIVISION 6 (B) FILE #1797 WI�REAS, Troy Anderson(hereinafter "the applicant")is owner of the properry located at 1490 Long Lake Blvd. within the City of Orono (hereinafter "City") and legally described as follows: Lots 3 and 4, Albee's Long Lake Addition, Hennepin County, and that part of Government Lot 1, Section 26, Township 118, Range 23, lying East of a line drawn parallel to and 675' East of, measured at right angles to, the West line said Section 26 and West of the extension South of the most Westerly line of Lot 1, "Auditor's Subdivision No. 291, Hennepin County, Minnesota" (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 2.3, Subdivision 6(B), to permit the construction of a second story addition which will encroach within the side yard setback. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota.: FINDINGS 1. This application was reviewed as Zoning File #1797. 2. The property is located in the LR-lA Zoning District. 3. The Orono Planning Commission reviewed this application on February 16, 1993, . and recommended approval of the proposed variance based on the following findings: A. The applicant's lot is limited by its unusual shape which will not allow expansion of the existing residence to the east, south, west, and some portions to the north due to setback restrictions. Page 1 of 5 . � Fam 5005 Di�Oaro . o - - � � CITY of ORONO O �� O �"�� .,, RESOLUTION OF TFIE CITY COUNCIL � � •, L��' �ti NO. 3237 Y `� ��9x Og�G E8H • B. The applicant's expansion will not further encroach into the existing substandard side yard setback. C. The applicant has agreed to provide additional vegetative screening between his house and the neighboring residence to the east. 4. 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 variance on the health, safety and welfare of the community. 5. The City Council fmds that the conditions existing on this properry 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 properry; 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 on the above fmdings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 2.3, Subdivision 6 (B) to permit the construction of a second story addition to the existing residence within the substandard side yard setback, which will not encroach within the e�cisting 20.4' from the east properry boundary, subject to the following conditions: 1. The applicant is required to provide natural buffer of plantings between the addition and the neighboring residence to the east as shown on site plan/planting schedule attached to this resolution. Plantings must be completed no later than July 15, 1993. 2. Authorities granted by this variance 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 this variance will Page 2 of 5 fmn 5005 DisY dero _ � o � � CITY of ORONO O .� , O �T� � RESOLUTION OF THE CITY COUNCIL � ti NO. 3237 ,� Y j ;�. Gti �9�'ESI;��'� expire on that date (February 22, 1994). 3. Violation of or non-compliance with any of the terms and conditions of the 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. Adopted by the Orono City Council on this 22nd day of February, 1993. ATTEST: � - � � . Dorothy M lin, City Clerk 'J iann Goetten, Actin Mayor ,.�.�.,(� . (�.►ut��.�. roper wner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of February, 1993, by J. Diann Goetten& Dorothy M. Hallin, Acting Mayor & City Clerk of die City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. t ,�—� ota Public � LINDA S. VEE y NOTARY PUBUC - MINNESOTA � HEPINEPIN COUNTY � -� My co�missian expires &72-98 '-�' Page 3 of 5 ,� r�wos ouw o�o � �11r � _ O . O CITY of ORONO ,� . �T� ,� RESOLUTION OF TFIE CITY COUNCIL � � ., t�,� � NO. 3237 , ti, �� o¢�G ESS STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �3 r� day of ��atic , 199 3 before me a Notary Public withi.n and for said county,personally appeared known to me to be the pers n(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. .•• JAMIE L BOSMA G��/�!�'L�. �� NOTARY PUBUGMINI�TA • HENNEPIN COUNTY N AR;Y PUBI.IC ' '•,,.. Nly Comm.Expires 12-19-97 STATE OF NIINNFSOTA ) , ) ss. COUNTY OF HENNEPIN ) On this day of , 19 before me a No Public withi.n and for said county,personally appeared known to me to be e person(s) escribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. . _ BETH MeC01M8S >. I�TARY PUBUC-MINNESOTA HENNEPW COUNTY wryr Cam�on 6��a �.�0,1937 OTARY PUBI.I . . Page 4 of 5 Fam 5005 OiY des ' � ' �� RESOLUTION #3237 ,. , N 66� PRELIMINARY SITE PLP_N $� 2 3 •, �V /28 � , � 29 I w I W r.. _ t� , � �� o� -�, '�" � 9_. _ �q � � r ° � M t— z �' I _ .� Z �-- �-y 59.�9 . � , riY�xs�irf,n n v�.«..f � ty 8 ' 4l �. � �w iY �.;.� of�ef i, l. I .�w.� rk�. tio. z�i Qo �38 I � � �Ro o .. � �� +�RB Rj' S _ � . � ��Rl. I � .�.. � N � �1 �1 / � ' \ I ' r' � .t � �i . � ;-T. �O � � '� � ,� J'8 � 5. e� O ` � °�i, �� M 1 3 E� i .� _4 � � �� .�xisf;ti� '• .6� r' / �fc ��• �� ,o evse 'cv � — �- . ✓ �� /_ '�. _' �.5 t� 8 `7i ZU / . � . �� . • �.� 3C•• I ti1 ' :i r`-' ~ �2� � ; N �- i i - - �� - - - - r� � . Q Z �.:.. - 6 7S ' rr-� ' - 1� � � ' v J� � J�` • Q m � ��, ' e ' �S �, �� N Z fo -�` , �{ B 9'4 l'E ti ' - So.,�� line e4' Sccf�o� Zlo T 118 �2'S Five pyramidal arborvitae evergreens are propvsed as a buffer immediately east of the applicants residence. The trees will ,• . be between 8 ' and 10 ' tall when planted and could grow to 30 ' . The trees will be planted approximately 7 ` apart for a continuous buffer. Page 5 of 5