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Home My WebLink About#4071-variances-1998 .4‘,VO ' V 0 0CITYofORONO ,s&�� RESOLUTION OF THE CITY COUNCIL IkESH04 NO. r_I f 7 :1 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.27 SUBD. 5 (B) FILE NO. #2360 WHEREAS, Anthony and Lori E. Kmetz (hereinafter "the applicants") are the owners of the property located at 640 Orchard Park Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 13, "Orchard Park, Hennepin County, MN" (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.27, Subd. 5 (B) to permit the construction of a three stall garage addition to be located 71.71' from the front lot line where a 100' setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2360. 2. The property is located in the RR-1A One Family Rural Residential Zoning District requiring 5 acres in area. The property consists of 4.79 acres. 3. The Orono Planning Commission reviewed this application on April 20, 1998 and recommended approval of the proposed variances based upon the following findings: A. The existing residence was constructed in 1959 before the current 5 acre zoning standards. B. Mature trees provide screening from the front property line. C. The setback for the addition is consistent with the neighborhood and is necessary to function with the internal floor plan of the residence. Page 1 of 4 . . ft. ,, 0:4) °----4 • - ----„t t.. CITY of ORONO .t ;IA I 1 ��,'�--- ,, RESOLUTION OF THE CITY COUNCIL 91(ES14.0 - NO. 4 D 7 I. .491 4. 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 variances 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. 5. The City Council has considered this application including the findings 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 CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.27, Subd. 5 (B) to permit the construction of a three stall addition and entryway to be located 71.71' from the front property line, subject to the following conditions: 1. The tennis court is 9' from the front property line and is located in front of the principal residence. It is considered a non-conforming accessory use that will require variances for major structural repairs. 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 (April 27, 1999). 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. Page 2 of 4 • � O.4,. OO A --!: t,�� CITY of ORONO ..4 Mir.,Air ,5„, 10. ��ti RESOLUTION OF THE CITY COUNCIL 4kESii0VNO. 4 0 7 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 of Orono, Minnesota at a regular meeting held on the 27th day of April, 1998. ATTEST: 4,4,4,-/- ii...., ,I. l/,e.e. � Linda S. Vee, City Clerk Gabrie Jabbour, Mayor /67_ , ; _ bf 7:2 r- . 6-6,F-.,_.i 0-- Property Own /..0......:,LA1 `, STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of April, 1998 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. -"'"11111111100°- it .4"11/, - - it::"._, S ` %:A E. MIELKE C, a:1 y. NINotary Public e�rl✓.i�i��f✓rr✓i�l�f�rrlirli"/� ` 7•• CAROLE A HASEMAN ti ` . NOTARY PUBLIC-MINNESOTA N: a``�fi HENNEPIN COUNTY ° My Commission Expires Jan.31,2000 Page 3 of 4 r e,‘' 13.1V., t - ... CITY of ORONO v.' ' 'I) ' f-- 44 r��I�, �'� RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. 41' r I .41 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) , On this . 8-H)day of - / , 199 Y before me a Notary Public within and for said county,personally appe.,ed -, . ic.,-rnit - known to me to be the person(s) described in and who e � cl the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. EMAR sNOTA IE LPF � PUBLIC-MINNESOTA TA c.-aJ1l c INCasn an Jo.31,20oo ) NOTia.4/,:x-1-1- Y PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this "3/ day of hi , 1997 be re me a Notary Public within and for said county,personally appeared /, ,1,A 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. itotetA4Le s SANDRA► E. MIEU(E terMISSIa+�wwo NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 3/ day of , 1995_before me a Notary Public within and for said county,personally appeared Asks -- known to me to be the person(s) described in an who execute'8 the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. �R' /a,nI ? 7ktiLkti RY PUBLIC _�.��` SANDRA E. MIEU(E �� . NOTARY PU A MY COMMISSION EXPIRES 141-00 Page 4 of 4