HomeMy WebLinkAbout#4275-variances-1999 (40.4- 0�
^�: ,o. CITY of ORONO
1 ,s� ��� /y�)6 RESOLUTION OF THE CITY COUNCIL
�kESH04 NO.
A RESOLUTION GRANTING VARIANCES TO MUNICIPAL
ZONING CODE SECTION 10.28, SUBDIVISION 5 (B)
FILE #2472
WHEREAS, Sandra Larson and Kent Larson (hereinafter "the applicants") are
owners of the property located at 540 Orono Orchard Road South within the City of Orono
(hereinafter "City") and legally described as follows:
Lots 4, 5, 20 and 21, 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 a public hearing on April 19, 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 construction of a covered porch 45'
from the rear lot line (alley) where 50' is required, and to screen an existing deck 15.9' from
the rear lot line (alley) where 50' is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2472.
2. The property is located in the RR-1B Zoning District, where 2 acres or 87,120
sq. ft. is the minimum lot area. The property consists of .59 acres or 25,668 sq.
ft.
3. The Planning Commission reviewed this application on April 19, 1999 and
recommended approval on a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
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CITY of ORONO
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A. The setback in question is a result of a platted alley that is used only by
the Larson property.
B. The alley is not improved beyond Larson's property.
C. The impacted property across the alley from the Larson's (Lots 4 and 5)
is owned and combined with Lots 20 and 21.
D. The existing house was constructed prior to the adoption of the Zoning
Code within the 50' required yard setback.
E. There is no other location on the property the applicants could construct
additions without encroaching into the setback.
F. There is a potential the alley could be vacated should access to the
property be gained from Orono Orchard Road in the future. If the alley
is vacated, the improvements would meet all required yard setbacks.
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.
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
construction of a covered porch 45' from the rear lot line (alley) where 50' is required, and to
screen an existing deck 15.9' from the rear lot line (alley) where 50' is required. Approval was
subject to the following conditions:
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CITY of ORONO -
1....44.4.---',,,,,A,,,:::,..i,',',41.,111.0.-.c.,,,E RESOLUTION O THE CITY COUNCIL
1. 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 26, 2000).
2. 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.
3. 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 Orono City Council on this 26th day of April, 1999.
ATTE T: //
• • : S. Vee, City Clerk ' Gabrie Jabbour, Mayor ,
\..._..--. -"T___,....-,--........... — &Lt A.ACCs. \E\gair5 OA
' : .-rty Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of April,
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.
CAROLE A.NASU.0,1 q (1:(2-Zi�
%"Az.4' NOTE.RYFUBLIC M.1,,,EEOTA
••t,...i.:-.. HENNEPIN COUNTY 1 I (;:y9.__L-17---Aeul
Notary Public
�` My Commission Expires Jan.31,2060 t.,
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74O \\
0 O
CITY of ORONO
, . RESOLUTION OF THE, ITY CCLAJCIL
Ices-Bo
STA IF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) •
On this lei+h day of /79 a , 1999 before me a Notary Public within
and for said county, personally appeared S c• no/ R.4_ L.a.' 3 o Al 0'1 c1 R FZ i Eck
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.
fitipho,-., MARY ANN JOHNSON 1 V)f ;
NOTARY PUBLIC-MINNESOTA NOTARYPUBLI
` • My Commission Expires Jan.31,2000
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this Rh day of Ma , 1999 before me a Notary Public within
and for said county, personally appeared' 4 p, - It r w h.
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.
' CAROLE A.HASEMA.N
: fb . 0% NOTARY PUBLIC-MINtIESOTA ifL��
� A ,• G ; NOTARY PUBLIC
;;t.•.t%. HENNE�IN COUNTY
\- `'� My Commission Expires Jan.31.20111) k;
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