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Home My WebLink About#5185-variances-2004 1111 111 I II ill Ill Doc No 8521842 02/07/2005 12:09 PM Certified filed and or recorded on above date: Office of the County Recorder Henpin County, Minnesota Mich. H. Cunniff, County Recorder nDeputy 7.: TranslD 91976 � Fees O � %(' $15! DOC $4 •0 SUR 0.00 NS '1.00 COPY $30.50 Total !1 � �O 0 0 -` , CITYofORONO tl It', &A- 4 �. ,, OHI , C.) RESOLUTION OF THE CITY COUNCIL `9kES804' NO. e5 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-420 (B) FILE NO. 01-2671 ' ,..L.._, 4 ,, ._ . ; ", WHEREAS, Alistair Jacques and Karen Jacques, husband and wife, (hereinafter "the applicants") are the owners of the property located at 645 Old Long Lake Road within the City of Orono (hereinafter the "City") and legally described as follows: Attached Exhibit A (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-420 (B) to allow construction of a new residence on an existing substandard lot of record. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#01-2671. 2. The property is located in the RR — 1B, One Family Rural Residential District, which requires a minimum lot area of 2.0 acres. The applicant's lot is 1.022 acres in area. 3. The Planning Commission reviewed this application at a public hearing held on May 17, 2004 and recommended approval of the lot area variance based on the following findings: a. The lot is an existing legal lot of record that contained a residence up until February of 2001. Page 1 of 5 . . 0-C‘ °40 -= CITYof ORONO , ,,,, , . 1li ti . 1 �� ")iror* GsRESOLUTION OF THE CITY COUNCIL �9kE6104� NO. 5 1 8 b. Many of the lots in this immediate neighborhood were created prior to adoption of the 2.0 acre minimum lot size requirement, including the applicant's lot. The lot is not inconsistent with other developed lots in the neighborhood. c. The applicant is unable to purchase any vacant property in an effort to reach the 2.0 acre requirement as the Luce Line trail exists to the south, existing residential home to the east and west (both under 2 acres), and Old Long Lake Road right-of-way to the north. d. The property is served by municipal sewer. 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. CONCLUSIONS, 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 78-420 (B) to allow construction of a new residence on the existing lot, 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 B. Any amendments to the site plan which are not in conformity with City codes or the conditions of approval will require further Planning Commission and City Council review. Page 2 of 5 0 0.44 /0 =, ,„ CITY of ORONO '4 `, ,� i %�,. C~ RESOLUTION OF THE CITY COUNCIL -Akesuo ' NO. I 2. The house and pool shall be more centrally located on the property then shown on the submitted site plan, to reduce impacts to the adjacent neighbor and the Luce Line Trail, subject to City staff review and approval. 3. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (June 14, 2005). 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 applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' 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 the 14th day of June, 2004. ''t. Linda,.-z Vee,,City Clerk Barbara A. Peterson, Mayor rC.t' ,r,, y, Orgri.Allir •••••_,:11Wril aill-r-..._- /......—e-,CA..., Property Owner .) Page 3 of 5 .cp. O.4i (' Os0 CITYofORONO �L *iM _�G RESOLUTION OF THE CITY COUNCIL `gkES1I.Og' NO. 5 1 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this i H+rday of .TLLrc , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. n 7,. . }�G � ( �cx --- RACHEL DODGE NOTARY PUBUC-MNNE ATA Notary Public `�__ My Commission Jan.31,2035 f. STATE OF MINNESOTA COUNTY OF HENNEPIN ,rel The foregoing instrument was acknowledged before me on this7-0 day of —i.ir'e_ , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. _C'� �- LC~--Q. 0�. ' / RACHEL DODGE ,4' Notary Public NOTARY PUEUC-M:P;N:OTA 1 My Commission Expires Jan.31,2005 Page 4 of 5 .4;?. °.41 0 0 \ ._ CITY of ORONO a a % �. �`�� i� _ G~ RESOLUTION OF THE CITY COUNCIL k'EgO NO. 5 Ti. 8 6 State of Minnesota ) ) ss. County of Hennepin ) SIeD Ops' This instrument was acknowledged before me thisa/ day of Ja4tt aM ,-2-9e4 - by Alistair Jacques, husband of Karen Jacques. 3,,,i_i„,,, s ��RRARA GC . SILOS k So 61 ,6 f.:.,c.,,,,,„:,�), 03 (S Notary Public State of Minnesota ) ) ss. County of Hennepin ) St Laos This instrument was acknowledged before me this a/ day of d -' ,-2-9€* by -29 4- by Karen Jacques, wife of Alistair Jacques. 4._€.44. 4.r.. ti BARBARA G.SILOeS + r:3TARY PUBLIC-MANN •CTA Notary Public My Commission Expires.1.:•.n.Z;,2003 S,-_,----.-. ir�li--rl_ -- y_—_-_- ,„lii._„S Page 5 of 5 • t $ 185 EXHIBIT A That part of the West V2 of the Southwest 1/6 of Section 36,Township 118,Range 23,described as follows: Commencing at the point of intersection of the East line of said West 1/2 and the Northerly line of the right of way of the Minnesota Western Railway; thence North 211.46 feet along the East line of said West 1/2,to the center line of County Road 27; thence deflecting left 93 degrees and 21 minutes along the center of said road, 239.15 feet to the point of beginning of the property being described; thence continuing Westerly along last described course and the center of said road,90.65 feet; thence Westerly on a tangential curve to the right with a radius of 475.2 feet a distance of 104.53 feet along the center of said road; thence Southerly to a point in the Northerly line of said railway right of way,which point is 471.94 feet Westerly,measured along said right of way line,of the point of commencement; thence Easterly along said right of way line 233.25 feet; thence Northerly to the point of beginning. . ABSTRACT PROPERTY • I I I I I . . I I 'I Titk one.Inc. . Fort:Exhibit A _ • . I Rev.06497 File No.0215 •,... ----......._ Cii..r... e *) Mil I DUNWIDDIE _ . EXHIBIT =4 MIA Ted 0.•••••••101 AY La.......,•••••no.m.46O > ,. ....--. .r.-_,,...,:i.,...._,„_41,,,,,...,,r...,' ,„.•:-..::!--, Id 1111.43/ALIOO .....4 q I . 1 la*MAMMA. ; t GI '. 1 mrsonlkoMmIdek.mat ,••L . ...-.......,.... ...Tasman•••.•R...LW/WM . i ' -....- -.-........ ROW la4/11.41/1.144,44.1.44IIMPIILII we*I 1.1610160.•QS 1.1 so•••••• • I.IAIS SI IA SIAM 11.1•41.4111411.I. / ;.. I . - . . NEW DRIVEWAY . 1 ... , I . I . q . , : ',:• I ...... Ade.. 4.0 --.-- . VI • • • .i: • - .• .. . I I) I t •K 4 140vs E, Pal.Pcbi-kt SETE4ACK_ .i4__ — • '..-.. .,- • ' ( • JACQUES : -: -..: . ::4----I.o.t.t.;.w.!•-•.t 1 9 t RESIDENCE ...r.-z.,,, It 4-..,..r.. r.• .‘ — ' ':••- • -.' ; 'i• '',••••' 0.2`. -1 GARAGE. .....,., ..... '.• : . 6/12..,6,Ge -I- 1706 L.-0e•.!---- ,i ii. :'1 ' i , - ••••, :. - 1. 44';'. '•.'.: L. 4 f t e.1 # I i : ., Z!': ....":1:•:.•...&'e:4Y.`': I ..' 30.-Cr. TO etE M oiLE I645 OLO LONG LAKE ROAD ...• i • ' ".' ' . Ce/•111Z/x1-1.-N( ORONO.MINNESOTA ,•••.. 1 . I, • ...tn.. .....-.- .l'I , -diti---:-. ..--,1/tr.., Ill ... .., I r; I . ,yI.,..,..,..q.11.:•:.1.''''',;'"...'''`''' Loc,i1/4 f E 9 -I'D 4;, %. ....f-:..:V,....-al?.5;14PV HOUSE.1:•...:•,..;•,. • 1 5.... 11. 1....W. *....,. I ',.'s n C.;l'Ifr.;.4-4. g4:•.‘•1:,.,st,i.V;;•-;jle,".1:,, 1 ,1: • I . 970 -. .l asMs igokApio 41,1 la AlmalAt • . ..:• • + -f-4.. 4Ducis rico/kr-rye .1 ii; , .: ,•-c. ': f.1,i-c.i.!.;-`e:liii..i*:‘+.1:720.-.'".'777;1.1,::'. . "'' 1 ..........! . 1 -,i,-1,..•.!' ' 1 .. / IMPA-.6-15 -10 . I , ; . .,....f.,. ... . j .-, .I• .. .. ,.......:, 7 5.4).• i1/4DJAIEN-r— I iki\D k L _.__ . ___ ... .. C.a.. JAMMU 15 0" NEI CIR 5OIQS I • --.. : . ./'ePOOL paa APRIL 2410.1 (c75051) i)(, U NI e own% TN I ,,.• ..• T• tr — ii.:, 0104 illin 0*••••••1111.1.0.4 . I NONENCROACHM!!!!!„.„77.____, ,_-- 1 112-Pct L • .1 , ;,. • _......._ ' PRELIMINARY SITE PLAN . . . 4 ..._._....._ .... . .. 4..,--.---- ... Allh PRELIMINARY SITE PLAN SITE et ..... 00 Cin