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Home My WebLink About#4907-variance-2002 t ,1 ec1/4) 0*IV O 0 So, CITY of ORONO P'''''4 '� 'i .A� 'y_ �~ RESOLUTION OF THE CITY COUNCIL 4kESHO� NO. 49 ® 7 A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B), FILE NO. 02-2848 WHEREAS,Peter Goshgarian and Amy Goshgarian,husband and wife,(hereinafter "the applicants")are the owners of the property located at 100 Orono Orchard Road South within the City of Orono (hereinafter "the City") and legally described as follows: Lot 1, Block 1, Orchard View, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B)to allow conversion of attic space to living space by raising the roof where the existing house is 28' from the side lot line where 30'is required in the RR- 1B zoning district. 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 hearing on November 18, 2002, at which time 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#02-2848. 2. The property is located in the RR-1B Zoning District, where 2.0 acres is the minimum required lot area. The property consists of approximately 0.511 acres. 3. The Orono Planning Commission reviewed this application on November 18, 2002 and recommended approval by a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: Page 1 of 5 eV ° ° CITY of ORONO • 14, �5 ;, , �� ``: ,� tiff �� yi �,1 � G RESOLUTION OF THE CITY COUNCIL .,....... 4` 10ES11D4� NO. 4 ® ° A. The existing residence was built in 1960,prior to city adoption of the current 2 acre zoning standards. B. The hardship is the existing house location in relation to the side lot line. C. The raising of the roof will not affect the adjacent neighbor. D. Lot coverage by structures is not increasing with the project. 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 variances 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 findings and recommendations of the Planning Commission,reports by City Staff,comments by the applicants and the effect of the proposed variances 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 10.28, Subdivision 5 (B) to allow conversion of attic space to living space by raising the roof where the existing residence is 28' from the side lot line where 30' is required in the RR-1B zoning district. Approval is subject to the following 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 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 Page 2 of 5 r 7 Cs O O - CITYofORONO 1/4 (ii,t,'';, - RESOLUTION OF THE CITY COUNCIL `9kESgOg�'G NO. 4 907 one year of the date of Council approval,or these variances will expire on that date (December 9, 2003). 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 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 9th day of December, 2002. ATTEST: L.06,.., r v & /I te,---„, Linda Vee, City Clerk Barbara A. Peterson, Mayor Kr// 049 �.3 IG S Property f.caner(s) C STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 9th day of December,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Nota Public e. AUSSA A.WINTERNHEIMER ''' ,' NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2006 Page 3 of 5 0CITY of ORONO �_, .‘X‘e'440* YSA �iFO ,G RESOLUTION OF THE CITY COUNCIL `�kEstIO No. 4 -9 ® STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this /6.'1' day of December, 2002 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. / n j' �l 4.�%l tt ,! Notary Public STATE OF MINNESOTA ti/ j.::',,,"' DENISE M.LESKINEN COUNTY OF HENNEPINCommission 3��5 On this /d day of DQ(pm,her ,2002, )-ftr S,. oshyo r%c2(), EMain, . personally appeared before me, who is personally known to me whose identity I proved on the basis of KAM Ii c.- whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. I -7/77,_,_, ,}-- Notary Public ..'.4'Q rv.: '"C -M.LESKINEN STATE OF MINNESOTA ti +r z COUNTY OF HENNEPIN "\-, ( .1: NOTARY PUBLIC-MINNESOTA `�' ' My Commissta Expires Jan.31,2005 (� I%lll/"/'i moi' /'i'll/_'fl✓!✓/'. /moi /'/1 On thisi—rt 'qday of n Q c,;,viy� 2002, 000\4 -,c'pSki(]C,2 r ; m, 'i‘Op oily appeared before me, who is personally known to me v whose identity I proved on the basis of 1 N E7 L--- whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. 's ,, RACHEL DODGE ]��,'L�, ,� CL-- c- f ' , NOTARY PUBUC-MINNE"0TA R `"' II ` i My Commission Expires Jan.31,2005 N Notary Public Page 4 of 5 . • . _ E..1.i1L-A CERTIFICATE OF SURVEY FOR • PETER GOSHGARIAN OF LOT 1, BLOCK 1, ORCHARD VIEW • HENNEPIN COUNTY, MINNESOTA `# 9 0 7 y s 0 \3e. N 46°10'55" E ?el. 15.05 b43•d'4 Ar,, i B L la • 1 'ox, 0 • • ,QO :,,� •3+k `� O • o 'y o spy bi . '90 S� Por i - Ge.-4.4.1 CG> , �,.s-eA . • LEGAL DESCRIPTION OF PREMISES: Lot 1, BLOCK 1, ORCHARD VIEW This survey intends to show the location of an existing house in relation to the East line of the above described property.. It does not purport to show ony other improve- ments or encroachments. • : Iron marker found •: Bearings shown are based upon an assumed datum GRONBBRG&ASSOCIATES,um 1+ aid hereby cerey ane 1i re vas ed cid LW aid my ie`l' - 1SCALE sa, e . sally«v,� 1 11th Rk4Qa the lows 0(the State of 1(Yfll3pl0 DATE . 445 K MOT�4E / 11/8/02 JOB NO. 952-473-4141 Nark S l ror�Der9 hfrrksoto Ueda timber12755 02-486 02-486 Page 5 of 5 r,