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Home My WebLink About#4953-variance-2003 . •`7 1111 111 III I 11111 Doc No 8327496 04/07/2004 04:07 PM Certified filed and or recorded on above date: Office of the County Recorder / Hennepin County, Minnesota 7 Michael H. Cunniff, County Recorder i''eputy 11 TransiD 18867 /Fees $15.00 DOC $5.00 SUR $10.00 NS $30.00 Total cI 1 S • ft 1/1 oft,4104- 41 (1O .0., 0 4.--- ,- p = tO ----.4, ..?- CITY of ORONO A V!,10( 2-*`. i 7, IA A � � � A G RESOLUTION OF THE CITY COUNCIL L`lk esi off`. NO. 4 5 R' A RESOLUTION GRANTING VARIANCE (%' '"' '' TO MUNICIPAL ZONING CODE +..-- I SECTION 10.03, SUBDIVISION 15 (C), FILE NO. 03-2878 WHEREAS, Edward H. Hamm*, (hereinafter "the applicant") is the owner of the property located at 485 Orono Orchard Road South within the City of Orono(hereinafter"the City") and legally described as follows: Exhibit A attached,Hennepin County, Minnesota(hereinafter"property"); and WHEREAS,the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03,Subdivision 15 (C)to permit a 7' monument and gate at the driveway entrance to be constructed within the 50' front yard street setback where a monument and gate of 3 '/2 feet is allowed; and 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 March 17,2003,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#03-2878. 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 21+ acres. 3. The Orono Planning Commission reviewed this application on March 17, 2003 and recommended approval by a vote of 5 to 0. Page 1 of 5 0 0 CITY of ORONO 6 RESOLUTION OF THE CITY COUNCIL 4. The Planning Commission made the following findings of fact: A. The proposed structure includes entry monument and gate on either side of the driveway entrance to the property. B. The proposed monument and gate structure at the drive entrance will allow adequate width for emergency vehicles access. C. The entrance monuments and gates are in character with the neighborhood. D. The property is in an area where the general development is consistent with other properties in the locality. The relationship of the property is unique because of the property being 21.4 acres in size. E. The hardship that supports the variance includes the need for security and limitation of foot and automobile traffic onto the private property. The height variance is necessary to allow construction of a structure of a size and scale to be a deterrent in itself. 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 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 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 Page 2 of 5 0 0 = t CITY of ORONO ti 1, I\I `, ij\,, G� RESOLUTION OF THE CITY COUNCIL r•h„ r, �ESI304`. NO. 4 9 11.i: ?°d variance to Municipal Zoning Code Section 10.03,Subdivision 15(C)to permit a 7'monument and gate at the driveway entrance to be constructed within the 50' front yard street setback where a monument and gate of 3 V2 feet is allowed. Approval is subject to the following conditions: 1. Maximum height of the entrance monuments shall be 7', per the proposed plan shown in Exhibit B. Any changes will require further Council review. 2. Any lighting associated with the structure shall be directed downward so that the source of light is not directly visible from neighboring properties. 3. Authorities granted by this variance run with the property not with the applicant,but are 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 (April 14, 2004). 4. 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. 5. The undersigned applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees 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 ,,, ly4th.day cApril, 2003. S1 1 ,1IY 6"F �. V, i:' r r r x • '`. ,: 1 x '... 1; ATTEST ,'i i V Y. 7574—) t of k * / , e '/ ' s s' Linda S.Ar:eye;°City Cler Barbara A. Peterson, Mayor / i''' Y*. ,;:c ' ''-.,*?:'• -il --2._/..--,-< ,, Propert i'.Oivner(s) Page 3 of 5 • ?to 0 p O rt CITY of ORONO v;'s., A ,A# tq, .„0, , A, O' RESOLUTION OF THE CITY COUNCIL NO�•kES�I n STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 14th day of April,2003.by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. JJn fr '' .— RACHEL DODGE -- tae- "; ti r;oTr•.�YPusuc-�tNNE�orA Nota Public My Commission Expires Jan.31,2005 4t'-.P-`"1::":.. ,,...,::.,...,„-_,,, STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of April,2003 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. may:a'ici✓may v.i.... "` RACHEL DODGE ', 1 /) fe i N^TARY PUBLIC-MINNE'OTA ,,i ,,;c,;ol;niss'on Expires Jan.31,2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN ,y._.(1/4— Ili �11 On this day of (�}`�\CI,L ,2003, ,d.k. a rc-4 4-1. -Hamm i personally appeared before me, who is personally known to me 7 whose identity I proved on the basis of 1)1N 0 i_. 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. ay �,, CL-�., .r....t. ,:,. :_f RACHEL DODGE Notary Public 4` I' ' i NOTARY PUBLIC-M�3`:!�i "OTA r? ,, My Commission Expires Jan .-1,20:',"3 ; Page 4 of 5 . . 0 (c(-) 0 -.: - CITY of ORONO 14 4. , ,vii �, , C'c'Y RESOLUTION OF THE CITY COUNCIL `41kESI;04+ N0. 4 9 '1 :ti, STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of , 2003, personally appeared before me, who is personally known to me whose identity I proved on the basis of 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. Notary Public Page 5 of 5 • EXHIBIT A 4 9 1. That part of the Southwest Quarter, which lies North of the South line of the Northwest Quarter of the Southwest Quarter, of Section 2, Township 117 North, Range 23 West of the Fifth Principal Meridian described as follows: Beginning at the northeast corner of the Southwest Quarter of the Southwest Quarter of said Section 2; thence South along the East line of said Southwest Quarter of the Southwest Quarter a distance of 434.3 feet to a point designated and hereinafter referred to as "Point A"; thence northwesterly deflecting 101 degrees 43 minutes to the right from last described course a distance of 182 feet; thence northwesterly on a tangential curve to the right with a radius of 4,687.5 feet a distance of 60 feet; thence northwesterly on a tangential curve to the right with a radius of 222.45 feet a distance of 200 feet; thence northerly on a tangential curve to the right with a radius of 237.56 feet a distance of 175 feet; thence northerly on a tangential curve to the right with a radius of 527.42 feet a distance of 50 feet; thence northeasterly on a line tangent to last described curve a distance of 62.55 feet to a point in the South line of the Northwest Quarter of the Southwest Quarter of said Section 2 distant 360 feet West of the point of beginning; thence continuing northeasterly on an extension of last described course a distance of 48.55 feet; thence northerly on a tangential curve to the left with a radius of 181.4 feet a distance of 100 feet; thence northwesterly on a tangential curve to the left with a radius of 283.7 feet a distance of 125 feet; thence northwesterly on a line tangent to last described curve a distance of 267.4 feet; thence northwesterly deflecting 2 degrees 23 minutes to the left from the last described course a distance of 169.3 feet; thence northwesterly and westerly on a tangential curve to the left with a radius of 61.13 feet a distance of 64.62 (43.01 measured)feet, more or less, to a point designated and hereinafter referred to as "Point B", said point being in the West line of the East Half of the Northwest Quarter of the Southwest Quarter of said Section 2 exclusive of highway upon easterly side thereof, said East Half being ascertained after taking from the Northwest Quarter of the Southwest Quarter of said section said highway upon easterly side, and which "Point B" is 636.66 (625.61 measured) feet North of the southwest corner of said East Half so ascertained; thence North along the West line of said East Half so ascertained a distance of 679.85 feet to the northwest corner thereof; thence East along the North line of the Southwest Quarter of said Section 2 to the northeast corner of the Northwest Quarter of the Southwest Quarter of said Section; thence South along the East line of the Northwest Quarter of the Southwest Quarter of said Section to the point of beginning. Subject to and together with an easement for right of way for driveway purposes over a strip of land along the southerly and westerly boundary Iines of the premises above described and extending from above designated "Point A" along said boundary line to above designated "Point B", said strip of land being 16 feet in width, 8 feet on each side of the line forming the southerly and westerly boundary of the premises hereinabove first described. Also subject to public easement in existing highways. 2. Also that part of the Southwest Quarter of said Section 2, Township 117, Range 23, described as follows: Beginning at the northeast corner of the West Half of the Northwest Quarter of the Southwest Quarter of said Section 2 exclusive of the highway upon easterly side thereof, said West Half being ascertained after taking from Northwest Quarter of the Southwest Quarter of 3 said Section 2 said highway upon easterly side; thence South along the East line of said West Half so ascertained a distance of 679.85 feet, more or less, to a point distant 636.66 feet North of the southeast corner of said West Half; thence deflecting right at an angle of 83 degrees 53 minutes on a line bearing South 83 degrees 53 minutes West a distance of 33.68 feet; thence South 82 degrees 41 minutes West a distance of 66.32 feet; thence northwesterly in a straight line 710.6 (721.11 measured) feet, more or less, to a point in the North line of the Southwest Quarter of said Section 2 distant 237 feet West of the point of beginning; thence East along said North line 237 feet of the point of beginning. Subject to an easement for right of way for driveway purposes over the southerly 16.5 feet of said last described tract. And together with an easement for like purposes over a strip of land 16.5 feet in width lying southerly of and immediately adjacent to the southerly line of the premises hereinabove last described, and between the southerly extensions of the easterly line and westerly line of said premises last described. 8405833v3:1130:04/03/2000 w 1vc t , c �9U a C ' -existing 12'-0"wide road ,1 " c I Si. ' MacDot tI &Mack l I Architect�� ............2-510Et-. m x I 14'-0"clear opening MAIN I _�_ Vi HOUSE I I w f 20'-0 I I I 2 ENTRANCE GATE PLAN I I t - Al Scale 1":30'-0" • I I I I I I Pleasant I •t I I I Mc Edw far I a( I I Hamm I I 8 I • I • I NI �I 7-6" 9.-0" 7-6" 2831-4" 7-0" --.1 .17-0;:t-- 9'-0" a4..I ...( ( 1. I va • I co • 1 ( ' I +' PROPOSED PEDESTRIAN GATE ' • I I I "'^""" 4-4 see SKETCH A3 I ( GATES .ID.1-1l 1 I I W — — '- / \ r PROPOSED ENTRANCE GATE w N I SEE SKETCHES A2a,A2b 4 A2c I 2 I I 50'-0" setback I 1 I I • / \ I I w--w--■ r- ,_�,—�w--,—,��,—w—x—w—wwjw I •- ex�st�ng fence ( o .www-1i�.w•�w==w i�X' / existing fence —ORONO ORC-HARD-ROAD— — _ fi' 1 0 ( CA 0 z SITE PLAN -moi right-of-way A Al Scale 1":50'-0"