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Home My WebLink About#4497-variance-2000 I ' - ,.`t /��. � O� • O �O •6. - CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL ��9kE H�4�'G NO. � � � ``� �S . A RESOLUTION GRANTING A VARIANCE a TO MUNICIPAL ZO1vING CODE SECTION 10.24. SUBDIVISION 5(B), FILE NO.2591 WHEREAS, Gina R. Hansen, (hereinafter "the applicant") is the owner of the property located at 583 Park Lane within the City of Orono (hereinafter"the City") and legally described as follows: � Lot 13, Block 6, MINNETONKA SUMMIT PARK, Hennepin County, Minnesota (hereinafter "the property"); and � WHEREAS,the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to allow a side yard setback of 3' where 10' is required to permit construction of a second story to the existing residence. � 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 June 19,2000,at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NUW, THEREFORE, BE IT RESOLVED by the Ciry Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#2591. 2. This properiy is located in the LR-1B Zoning District,where 1 acre or 43,560 s.f. is the minimum lot area. The property consists of approximately .219 acres or 9,500 s.f. 3. The Orono Planning Commission reviewed this application on June 19, 2000 and recommended approval by a vote of 4 to 0. � Page 1 of 5 • , ',_ �� 0� . • O �O ��b. - C ITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL ��k'ESH�4�' NO. � � 9 `� . 4. The Planning Commission made the following findings of fact: A A. The structural coverage and hardcover on the lot is not increasing. A roofed deck already exists in the area of the addition. � B. The addition of the second story within the side yard setback will not adversely affect the neighboring properry. . 3. The lot is extremely undersized and narrow for the LR-1B zoning district. 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 will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring properry; 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 fmdings and recommendations of the Planning Commission,reports by City Staff, comments by the applicant 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 a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to allow a side yard setback of 3' where 10' is required to permit construction of a second story to the existing residence. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. • . Page 2 of 5 i�, /� �1V' • � �� ,. - CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL ��SHp4�' � NO. � � � `� � . 2. Applicant is advised that if this project ultimately results in substantial remo�°a.l of the existing residence due to unforeseen circumstances,the City Council shall have the right to reconsider this approval to deternune whether the conditions of this resolution remain applicable. 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 (July 10,2001). 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, understood and hereby agrees to the terms of • this resolution and on behalf of herself, her heirs, her 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 or Orono,Minnesota at a regular meeting held on the l Oth � day of July, 2000. ATTEST: G�Z� �8-✓ U.e.e. Linda S. 'Vee, City Cl k Gabri Jabbour, Mayor • � V WuYI � ,� � Property Owner(s • Page 3 of 5 ' . • O� � � O O ��b. - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��9.kE p4�'G NO. � �. � � SI3 STATE OF MINNESOTA ) '° ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this l Oth day of July,2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. '�' MARY ANN JOHNSON G�2c�r/ . . PlOTARY PUBUC-MINNESOTA Notary Pu 1C My CartwNsaton Expfres,lan.31�20Q5 ;► ` ...s.�._c_..... STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this /3 fh day of J u.�� ,2000,before me a Notary Public within and for said County,personally appeared S-1-ewa R+ L. �ans�n a n d G�•n a �?.-I�-qn s�e�, rn a�2�`e�. 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. � MARY ANN JOHNSON G�� NOTARY PUBLIC•MINNESOTA NOt P �i1C My COf►vrueslOn Expires Jan.31,2005 � .. �..�.._� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 2000,before me a Notary Public within and for said County,personally appeared 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. • Notary Public Page 4 of 5 " -� �• � �� Exhibit A m � f �� !• �t';' �L � N � . �` � ��; 0 44 � `� _ .. o Z , � � � � ��' z�m� � � m � �-, . �� _�, � _ � Q �•-Z� E o �r r Z� � m o � y -� m mf�� Y � � � '_� :\ �� • . � � :� • I �+ c,.. p i . . , o�.J° c. m O � �'`ma0,o 0 00 . . � � y � � i:.. ,�� VCH t \ . - � . S p ' C^: � .n V j t0j� � F-� � . . � � _F . .. ' � � ' � `n . '.Z � �.,v � .i . `J'.,� m �vo c G ? � � ' '•�'' .�c�o�� o N _c._ � o �� „E / �� A P P 52��9,65 / �l � �- ; ss .�,� � �'�' � �—{ �Z� �� \ e � � .�.� ,� � �ti r� . �Z ,^ � �.—^ �� I � Y;, �/r�� + 'V� ,(`�'�}J �C� 'C �. N w c�' u1� V �`M � �27 c.—S' n_ �� / ` V = �v �� . �� 2 b 2� ?, , zz+ E �'� �� Y'�J . 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