HomeMy WebLinkAboutResolution 4292 ( 0 . O
CITY of ORONO
ryM RESOLUTION OF THE CITY COUNCIL
kEsH04ti NO.
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE #2469
WHEREAS, Steven Webster and Jo Webster (hereinafter "the applicants") are
owners of the property located at 500 Orono Orchard RoadS within the City of Orono
(hereinafter "City") and legally described as follows:
Lots 1, 2, 3, 22, 23 and 24, Block 13, Minnetonka Bluffs, Hennepin County, Minnesota
(hereinafter "the property"); 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 public hearings on April 19, 1999 and May 17, 1999, at which times all
persons desiring to be heard concerning this application were given the opportunity to speak
thereon; and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.28, Subdivision 5 (B) to permit a 5' setback to the platted alley where
50' is required; a 17' side yard adjacent to street (Dickenson Street) setback where 50' is
required; and a 36.8' front yard setback, where 50' is required and to permit a garage with a
5' setback to the right-of-way where 30' is normally required to allow a residential and garage
addition to the existing residence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2469.
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2. The property is located in the RR-1B Zoning District, where 2 acres or 87,120
s.f is the minimum lot area. The property consists of 38,346 s.f.
3. The Planning Commission reviewed this application on May 17, 1999 and
recommended approval on a vote of 4 to 0.
4. The Planning Commission made the following findings of fact:
A. The lot was developed prior to the adoption of the zoning ordinance.
B. A detached garage is located over the north property line. This non-
conforming structure will be removed before construction begins.
C. The addition will only encroach 2.1' closer to the property line.
D. The alley is not located entirely within the platted right-of-way creating
a greater distance for safe maneuvering of vehicles.
E. Only one additional property (540 Orono Orchard Road) requires the
alley for access.
F. The City maintains the alley as a public right-of-way and has no
intention to relocate the alley
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.
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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 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 variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit a 5'
setback to the platted alley where 50' is required; a 17' side yard adjacent to street (Dickenson
Street) setback where 50' is required; and a 36.8' front yard setback, where 50' is required and
to permit a garage with a 5' setback to the right-of-way where 30' is normally required to allow
a residential and garage addition to the existing residence. Approval was subject to the
following conditions:
1. The existing detached garage shall be removed prior to completing a final
inspection on the residential addition. The property owners shall apply for and
receive a demolition permit from the City Building Department prior to removal.
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 (May 24, 2000).
3. 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.
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.
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Adopted by the Orono City Council on this 24th day of May, 1999.
ATTEST:
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Linda S. Vee, City Clerk Gabri• Jabbour, Mayor
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Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 24th day of May,
1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
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On this o?' day of Ilia re 4 , 1-99_before me a Notary Public within and
for said county, personally appeared 34--eI,0Yi Ideb!f«. Marr,e.J.
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.
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STATE OF MINNESOTA )
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On this / day of r; I , 193_before me a Notary Public within and
for said county, personally appear T I,} lister. Marr;csi;
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.
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