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HomeMy WebLinkAbout#5048-variances-2003 /6o O N-:: CITY of ORONO fit'114) , RESOLUTION OF THE CITY COUNCIL "IkES804v NO. • l• A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-420(b) FILE NO. 03-2938 WHEREAS, Kent Larson and Sandra S. Larson, husband and wife (hereinafter "the applicants") are the owners of the property, located at 540 Orono Orchard Road South within the City of Orono (hereinafter the "City") and legally described as follows: Lots 4, 5, 20 and 21, Block 13, Minnetonka Bluffs, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-420(b) to allow an addition to encroach 8.5' into the north side yard setback and 33.5' into the rear street yard setback. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#03-2938. 2. The property is located in the RR-1B Zoning District which requires a minimum side yard setback of 30' and a minimum street yard setback of 50'. 3. The Planning Commission reviewed this application at a public hearing held on September 15, 2003 and recommended approval of the side yard and rear street yard variances based on the following findings: . a. The proposed addition will be 21.5' from the north side yard lot line, and 16.5' from the rear street yard lot line. Page 1 of 5 , e) c).1V) =A 1w CITY of ORONO 14, , '�► ��► � G~44 RESOLUTION OF THE CITY COUNCIL �AkEs-10 r. NO. 5 0 4 8 b. The location of the neighboring home to the north, and the existing vegetation screen make the encroachment of the side yard setback less significant in terms of its impact on the neighboring property. c. The nature of the alley which splits the property in half and serves solely the applicants' address constitutes a hardship in keeping the 50' street yard setback minimum. d. The configuration of the home would make a conforming addition inappropriate in the context of the site. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-420(b) to allow a 10' x 28' addition to the north side of the home which encroaches 8.5' into the side yard setback and 33.5' into the street setback subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and . annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Page 2 of 5 . f4b4 O O -A-.=, - CITY of ORONO l�'t'''�f��` ti �� � '�i+1�'I'�►�� Gs RESOLUTION OF THE CITY COUNCIL �4kES1101" NO. 504 2. Authorities granted by this resolution run with the property not with the applicants,but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date(September 22, 2004). 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 the applicants and the applicants' 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 the 22nd day of September 2003. ATTEST: ,,,z ., I (/ 2.,e, £ t & 2d ;'1 1 _ ` in a S. Vee, City Clerk Barbara A. Peterson,Mayor / <2p-- C . Cs...............-------- '\. -\ ,1 ii\ erty Owner(s) Page 3 of 5 .;?. 0 O O - , .. CITY of ORONO vs, Ij 1i�Ai ,i H . 1'110`,^�G~ RESOLUTION OF THE CITY COUNCIL �kESI;�4 NO. 5 © 4 8 STATE OF MINNESOTA COUNTY OF HENNEPIN 2014 h The foregoing instrument was acknowledged before me on this 221cl day of September, 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. RACHEL DODGE 10-0--CL.,___e a n< i ) NOTARY PUELuC-M::.:.:'OTA Notary Public My Commis on Expires JE.- 2 2c; • STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 3Y day of Scpktmb.zr, 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. n.�. RACHEL DODGE 'c' Ul C,NLS. K�L�. NOTARY PUBLIC-?,,,N. .. OTA c Notary Public my Ccmmission Expxes Jan.3.,1:^= • Page 4 of 5 . . . O CITY of ORONO Pik4, ' ilioAk+c) kesv.040. RESOLUTION OF THE CITY COUNCIL NO. 5Q 4 State of Minnesota ) ) ss. County of Hennepin ) -7/11 This instrument was acknowledged before me this'4- day of ON-01,X(,2003 by Kent Larson, husband of Sandra S Larson. r.'"---,\ RACHEL DODG,.. NOTARY PUBUC-TtOri-r.TrA My Commission Expires Jo,, ?1,2C',11 : Notary Public State of Minnesota ) ) ss. County of Hennepin ) 'Ice This instrument was acknowledged before me this d day of0.b_c_.,q, 2003 by Sandra S Larson,wife of Kent Larson. 7--) (5/"20-0_...--i•-r,—k_ t-JC.)0(._V.____, . . Pbli RACHEL DC L"\-.:::-: Notary uc NOTARY PUBLIC-M:!,.'1"7: My Commission Expires Jan.3!,2C35 ) Page 5 of 5 EXHIBIT C to u • • • CERTIFICATE OF SURVEY FOR 1 i KENT LARSON OF LOTS 4, 5, 20, & 21, BLOCK 13, MINNTONKA BLUFFS HENNEPIN COUNTY, MINNESOTA g 2 =d .. • . 17 Ft- . . n ../ a iz9S88°43'00"E 127.85 S88°43'00"E 127.85 r w0 • I I • • 7M ..t N A 4- O Z 1 1 C0.o(lol[, Q�� % .� 00 r_ 17+ Aaa:C:o� Z TING • •, �• IG . oo = •• rn 4:: 0cn .� 1 , o•o GARAGE 4 o M - o • ' _00 7.. • 'r T ° N W 7u ie.s .V -T gW ti 6owo1 EXISTING v v 0 m �+ € $_ " HOUSE rn Q may` x `'�.Y H 7CI- 1 lis 7u ---" i► AI9 D In. "on I 1-1 ;)1.\ 01 q M R 0A �y 0O O I• -, A 1 ti P mailO • .. •w �o O Z • +�% ,I q 0 N88°43'00"W 128.34 - N88.43'00"W 128 rn $ 34 a ' 1ErAL.LESE.RIRTION Of' PREIASEL: 14) , i1 Lots 4, 5, 20. and 21. Block 13, MINNETONKA BLUFFS. o : denotes iron marker Bearings shown oro based upon on assumed datum. • AO S. C..4 This survey intends to show the boundaries of the above described property. o I > I. Ai thelocation of on existing house, garage, and deck, and the proposed loccticn a S '71 i of a proposed porch theron. It does not purport to show any other improvements 4' 4 or encroachments. ' Cir V_