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Home My WebLink AboutResolution 5758 � Doc No 4522756 08/19/2008 10:00 AM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 433325 Deputy 13 New cert Cert Fees 1094334 $1.50 AF �-- /� �� /� ' � /D� �f j�. $10.50 STATEFEE `J � VV �i'� �' $34.00 TDOCFEE $0.00 TSUR $46.00 Total �� 1u� A RESOLUTION GRANTINGA VARIANCE TO MUlvICIPAL ZONING CODE SECTION 78-420 FILE NO. 08-3366 ��T� � O� O 4 C ITY of ORONO � � ti RESOLUTION OF THE CITY COUNCIL . `��l �G~' 'q�i'EgKOg' NO. 5 7 5 8 A RESOLUTION GRANTINGA VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-420 FILE NO. 08-3366 . � WHEREAS, Jessica M. Brown and Phillipe D. Lusardi, husband and wife, (hereinafter"Owners") are the owners of the property located at 45 Myrtlewood Road within the City of Orono (hereinafter "City") and legally described as: Lot 3, Block 2, Myrtlewood Hennepin County, Minnesota(hereinafter "the Property"); and WHEREAS, Owners have made application to the City for a variance to Municipal Zoning Code Section 78-420 to construct an addition, covered porch, and steps to grade on the rear of the house with a setback to the side property line of five feet when the required setback is 30 feet; and 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 heaxing on June 16, 2008, at which times all 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#08-3366. 2. The Property is located in the RR-1B zoning district, where 2 acres is the minimum lot area and 200 feet is the minimum lot width. The Property is approximately 1.48 acres (including wetland) in area and 360 feet in width. 3. The Planning Commission reviewed this application on June 16, 2008 and on a vote of 6 - 0 recommended approval of the variance, based on the following findings: a. The house is in an unusual location on the lot, creating a hardship. The side setback is currently non-conforming. Page 1 of 4 � °� 0 0 CITY of ORONO r� r '�" H �� G~' RESOLUTION OF THE CITY COUNCIL '�kEsKo�' No. 5 7 .5 8 b. The proposed addition and open porch would replace an existing deck at the same location. c. The proposed addition would enlarge the existing family room/dining room to a functional size. d. The Owners have consented to maintaining a buffer of evergreen trees along the lot line adjacent to the addition. 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 Owners but are necessary to alleviate a demonstrable haxdship or difficulty; is necessary to preserve a substantial property right of the Owners; 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 the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-420 to allow the replacment of the existing deck on the rear of the house with an enclosed room, covered porch, and steps to grade with a side setback of five feet subject to the following conditions: 1. Council approval is based on the site and house plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits A. and B. Any amendments to these plans may require further Planning Commission and City Council review. � 2. The Owners shall maintain a buffer of evergreen trees adjacent to the addition. Page 2 of 4 �°� 0 0 CITY of ORONO � � ti RESOLUTION OF THE CITY COUNCIL '��l �G~' ��cE$Ko4 No. 5 7 5 8 The existing arborvitae may be replaced by equivalent plantings. The Owners shall provide a tree preservation easement. 3. Authorities granted by this resolution run with the Property not with the owners, but are permissive only and must be exercised by obtaining a building permit far the new construction before July 14, 2009 or the variance will expire on that date. 4. 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. 5. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of their 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 this 14th day of July, 2008. ATTEST: , �c. ��— 1�'! . inda S. Vee, Cit3r Clerk J es M. White, Mayor ) � J � �,�,�` J ica M. Brown Phillipe D. Lusardi Page 3 of 4 � o� 0 0 CITY of ORONO � � ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESII�4'�G NO. 5 7 5 8 . STATE OF MIlVNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me thi�day of 2008 by Jessica M. Brown, wife of Phillipe D. Lusardi. � . MONICA A.FADNESS .� NOTARY PUBLIC-MINNESOTA My Commisslon Expires Jan.31,2012 �J Notary Public STATE OF MINNESOTA � COUNTY.OF HENNEPIN This instrument was acknowledged before me this�r�ay of 2008 by Phillipe D. Lusardi,husband of Jessica M. Brown. � MONICA A.FADNESS NOTARY PUBLIC-MINNESOTA � �, My Commisslon Expires Jan.31,2012 Notary Public Page 4 of 4 ZONING FILE NO.OS-3366 EXHIBIT A RESOLUTION NO.��5 8 �� -oip \ � � r � �N � ' / � � � • w � �� % O % �/ /g 98.84 /� / � ''�ed9e °f btt. h�''i�/. � � �/ / ` Q � / � � ( ��' �. �' 1 98.89 '0� o� !� • �( { ,98.99 �� 99.43 -.-BENC� � � ` _ .� ,��. .,..- ToP , � a,�, ..�-•��-' E�e�_ \ y �°p ,c m�, �� j (Assu � \ t�nk�}� .s' �`�. 4 � i� � CO \ .::• ``'�;: \ gs�o ��`'a� p� j' \ ��. 9 ':� A ! � ��/ f� — �� `� 'r= � cb$c� i �. � � � ....,.�� • <.;;,�v;� : � ; tePs ;:x..r,d •,<,. / � ,.. , +..��:�,:. p� . , �tep�_, :,.<1.:'::tr. �p • Y� �08.�� I '� � �'r 'l�� X ��819 �..�� o- �1r� � 4�, f06.B5 ' �` f � — o � �%t ke to �r73 '4 ...�::�4.�— � �e. wo%/ � y. '`�, , `24�f ——�.� / / ,�,`�, '� �'--. l ' b ` . ��f 99 � �� p g �0 E� O � ` �p ! / � o � O ` ' / � � � \ ► � L ArL�c.�,�Ae„ ` ^i Ce"��'eh sCx+¢tniHa�� \ �� . \ r i . exls� house . __ _ _ _ 5758 ZONING FILE NO.08-3366 EXHIBIT B"� RESOLUTION NO. �.tmer ,� . 0 eu�i , ' i --- pdSTING EIOtIE . i qn I _ � OE/�11HFi TO � O O 1 � � � - Frl � Q � � !E�lEii�l�T� '��!lSEQ�Slf!@!=Y!!!i .. . . . � I � s'-e�cr+r a+ � $ . . �� I � � . . 'S+� 7Rtll�/6N. _� � ' � 1 _' IP� P •�•�'� ��' :�. —' x •u•oG �� ' � � � � ^� d I � . � � . � I � . 7-I!/4 x 91M LAM. . '� . 06/i'!A6V.COIfIril01M � � L— �p� ——��——— L7� , I.AE GF 01�EIdi�Wrs � � . § � � � . :� � .i. . I . - i . . F � T-i. . . . . .. � . � ' ' I , � 3'-'I V!' ' i'-ID IM f'-10 Vt' ' S'-�I/P �5��N No�- �� i Y IXISTING WN1S AD�DITI�1 FL PL�Atd eca.e.w•.r.o� � s`�S � 12vK�lln(n ��5 w� CExh�b+�� .J . , , . _ ZONING FILE NO.08-3366 EXHIBIT B-Z RESOLUTION NO. 5 T 5 $ ` � . Fws��or� ansrr+G+�cx� � � �t�AR EL�YATION ecn��va•.r.o� � ft�'� cnnc�n.� �c.�d�h v►� �nd �-cl� � �-o b� sc�'e�nec l w�1�t� i a f�c� Q,-- _ s„m�Ia.. nr�Gwial , . . � /!�{{4.T MNtlL� . . . . . � l01R��l54lGII� . . .lD�16 - . . X i 7RID.r06i � � . . .. . �/IFl"m�IM AlJI'L .. �L'1�1'RAL�Mi 1 DE00Yt EkISTAiCa F�01"E � � � �1 RICsHT SIDE FI Fva-rt� S}�S F+nc� I r.v�cl�►n5 �r sc�rve,Y (E x In i b i+ �k� , , • , STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) . The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on July 14, 2008, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 28th day of Julv , 2008. , t ,� `/ City Clerk (seal)