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Home My WebLink About#4548-variance-2000 S A� /�� /� O� O O �e - - CITY of ORONO ,� � ., �, I ti / �',�t G'� RESOLUTION OF THE CITY COUNCIL ,;-, �ES_K� ruo. 4 5 4 <�` A RESOLUTION GRANTING A VARIANCE TO MU�tICIPAL ZONING CODE SECTION 10.03. SUBDIVISION 9(D), SECTION 10.25, SUBDIVISION 6(B), FILE NO. 2620 WHEREAS, Paul J. Pascuzzi, (hereinafter "the applicant") is the owner of the property located at 3320 Navarre Lane within the City of Orono(hereinafter"the City")and legally described as follows: Lot 1,WILEY'S NAVARRE ADDITION, 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 Section 10.25, Subdivision 6(B)to allow placement of an accessory structure between the principal building and the front lot line where no accessory structures are normally allowed and 1�' from the front lot line where 30' is required; and WHEREAS, after due published notice and mailed notice in accordance with �linnesota 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 concernin� this application were given the opportunity to speak thereon. NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#2620. 2. The property is located in the LR-1 C Zoning District,where '/z acre or 21,780 s.f. is the minimum required lot area. The property consists of approYimately .16 acres or 7,139 s.f. 3. The Orono Planning Commission reviewed this application on October 16,2000 and recommended approval by a vote of 6 to 0. Page 1 of 5 i�� /7 O� O O , CITY of ORONO � �. RESOLUTION OF THE CITY COUNCIL ��'9k'E IIp4�'G N O. t,� 'rJ 4 ," S 4. The Planning Commission made the following findings of fact: A. The topography of the lot limits where the accessory structure can be located. The front yazd is flat for approximately 25 feet and then becomes very steep. B. The property does not have access from the reaz. Navarre Lane is not a heavily traveled street and is the only access to the property. C. The location of 15'from the front property line and 10'from the side property line will not impact neighboring properties. 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 wzll 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 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. 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 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 Section 10.25,Subdivision 6(B) to allow the proposed accessory structure to be located nearer the front lot line than the principal building where no accessory structure is allowed and 15'from the front lot line where 30' is required. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. Page 2 of 5 i O /� � O O �, - CITY of ORONO � � ti ti RESOLUTION OF THE CITY COUNCIL ��9kE xp4ti�'G NO. 4 5 4 � �_S 2. Authorities granted by this variance run with the properry not with the applicant, but aze 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). 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, and his successors and assigns, hereby agrees to the recording of this resolution in the Chai.n of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 23rd day of October, 2000. ATT�ST: � � / ' �� ;. 1�a�'S:�Lee, ity Cle , . Gabrie abbour, Ma�or J �,� , / � �(. ,! (�" �-_._�- ��, " ... P operty Owner(s) 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 Cit�• of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. i :��,.�=•'-�'---� - z ;�''`�� MARY�1�i��!�OHNSON Notary P �lic NOTARY PU�C•I�N�ESO?A Mp�Fxpie�,lan.31.2005 Page 3 of 5 /�O �� O O , CITY of ORONO � � � ti RESOLUTION OF THE CITY COUNCIL ��9k'E fI�4��'G NO. 4 Jr 4� .� �_S STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this l s�- day of �o�'�'��h E'� , 2000,before me a Notary Public within and for said County,personally appeared �t�a�. / J . t�� c �� zz> > S r' n�;/P known to me to be the person(s)described in and who executed the foregoing instrument, d acknowledged that he(they) executed the same as his (their)free act and deed. .� n ) i l��/ Not STATE OF MINNESOTA ) �yp�� ) ss. 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