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Home My WebLink About#4525-variance-2000 _ � . // ��T � ' V O O �b. - CITY of ORONO � �.� G'� / RESOLUTION OF THE CITY COUNCIL �kESH.� NO. t� � ,.�=� � A RESOLUTION GRANTING A VARIAI�ICE TO MUNICIPAL ZONING CODE SECTION 10.24. SUBDIVISIO\ 5(B), , FILE NO. 2618 � WHEREAS,John W.Walker and Patricia A.Walker, (hereinafter"the applicants") are the owners of the property located at 1368 North Arm Drive��ithin the City of Orono(hereinafter "the City") and legally described as follows: Lots 21, 22, and 23, Block 8, "Saga Hill Revised", Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zonin� Code Section 10.24, Subdivision 5 (B) to allow a side yard setback of 4.5' where 10' is required to permit an addition to the existing residence. `VHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planninj Codes, the Orono Plannina Commission held a public hearing on September 18, 2000, at�vhich�time all persons desiring to be heard concerning this application�vere 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 r2618. 2. This property is located in the LR-1B Zoning District, �vhere 1 acre is the minimum lot area. The property consists of approximately .72 acres. 3. The Orono Planning Commission reviewed this application on September 18, 2000 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findin�s of fact: Pa�e 1 of 5 i O�r /� ' I O O �, CITY of ORONO � � ti ti RESOLUTION OF THE CITY COUNCIL ��9kESII�4�4'G NO. � � � o� — A. The structural coverage on the lot is not a concern nor is hardcover. B. The existing residence is currently located 4.5' from the side yard setback where 10' is required. � C. The residence was built prior to current zoning standards. D. Granting of the variance will have no impact on neighboring residences. E. Due to the location of the house and its interior layout,there is no practical way to locate the proposed garage space and master bathroom addition in a conforming location. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other properly in this zoning district; that granting the variance will 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. 6. The City Council has considered this application including the findinas and recommendations of the Planning Commission,reports by City Staff,comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER,AND COi�TDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B)to allow a side yard setback of 4.5' where 10' is required to permit an addition to the existing residence. Approval is subject to the follow'ing conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Paae 2 of 5 i�� O� O O �, CiITY O� OROND a �► ti ti RESOLUTION OF THE CITY COUNCIL ��9kESII�4ti�'G NO. �`�� Planning Commission and City Council review. 2. Authorities granted by this variance run with the property not with the applicants, 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 expire on that date (September 25, 2001). ;. 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 applicants have read,understood and hereby agree to the terms of � this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 25th day of September, 2000. ATTEST: ' /�,�i;t.r''�-ti J�� - L'../'_r' � Linda S. Vee, City Clerk Gabriel bbour, Mayor (,C� � ��c.stn `/�Q�h.c..c.c.�c�./ �- ��' J �� C-i��/ P erty Owner(s) Page 3 of 5 /%O � � O O � �, CITY of ORONO � � ti �,� G'� RESOLUTION OF THE CiTY COUNCIL �9kESI;04��' NO. '`�1, ,.A �� y ' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) , The foregoing instrument was acknowledged before me on this 25th day of September,2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �?G� �� ; Notary Pu ic G'� STATE OF MINNESOTA ) �Y�� ) ss. Mo�rNtrPt�etic-t�sot� COLNTY OF HENNEPIN ) ��.�s � . On this�f� day of s <_ F,-» E�.',2000,before me a Notary Public within and for said County, personally appeazed `��a f��,/ �[l• (�i��t 11f F� �� aP/Pie � l:nown to me to be the person(s) described in and who executed the foregoing instrument, and . acknowledged that he (they) executed the same as his (their) free act and deed. c�t,� C�.n:' � Not�y 1�� ` �t�;� �,�,.:.-�:�• STATE OF MINNESOTA ) ; .;_ ' ti��Y �� :� .'�''''�OfV � �• NOTAFdY?��tIC .. � �S01A � SS. �'�' IAy Conunission: .. :�.�7,2C05 :r- COUNTY OF HENNEPIN ) - - - � �-- - - - On this <;?��I day of �S f'��M� P 'e' � �, 2000, before me a Notary Public within and for said Coun t y,personally appeared �� k ;c.��, �t. ��(K�''�, �YJ a �F��'�'`( known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they)executed the same as his (their) free act and deed. �,�Q,t-1 (it-'r..s� G 7��t Notary P blic �� {ARY M1A1 JONNSOM No�rNnrruuc•t�svr�t M►�ww��s�.'oos Page 4 of 5 _..------ -- � � . -------- GO.RD. 51 - NORTH ARM DR. ------ . . , S 75 58'06' E 149.25' MEASURED __ I50' SAGA HILL REVISED _-- ; _ — — � . _ — . : � _ ` i/ '� ' I I I ( I I . 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