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Home My WebLink About#3450-variances-1994 . ., :-: '��1 � � � �' CITY of ORONO - O �� O • '� 's•,��=� RESOLUTION OF THE CITY COUNCIL '� ;�'�� :y�� ti No. 3 4 � 0 ..� � '�,� ;, � Gti ��E3�I�g'� . A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (D) FILE #1937 WHEREAS, Herbert F. Kahler and Erika Kahler (hereinafter "the applicants") are owners of the property located at 2725 Rainey Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 1, Trees To Be, Hennepin County, Minnesota (hereinafter "the property"); and • WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 14 (D) to permit the construction of a 60'x120' tennis court that will be located 10' from the east side lot line where a 30' setback is required and 10' from the south rear lot line where a 30' setback is required. NOW, TIiEREFORE, BE IT RESOLVED by the City Council of Orono, , Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #1937. 2. The property is located in the RR-1B, Rural Residential Zoning District requiring 2 acres of dry contiguous lands. The subject properry consists of 2+ acres. 3. The Orono Planning Commission reviewed this application on June 20, 1994, and recommended approval of the variances as amended based upon the following findings: A. The sloping topography to the rear and west of the residence prevents court from being moved more to the center of the rear yard. , • Page 1 of 5 Fam 5005 Disk Orom , , . �., , t � �� CITY of ORONO � :��..� � � • ��e�-� , RESOLUTION OF THE CITY COUNCIL ' �, � �'� :�,� �, No. �3 4 � 0 � � �� , '' �G� �k'ESH�g' , B. Need to place court in a north-south alignment. This is the only feasible , area on the site to meet that requirement.� C. Location of the mound septic system in the northeast side yard. D. Unique shape of lot noting specifically the platted corridor along Rainey Road providing additional area for alternate septic site. �. The City is in receipt of approval letters from the adjacent neighbors receiving the most� impact from the substandard setback of the tennis � court. � F. Stephen Weckman, the On-Site Septic Manager, will approve a substandard separation setback between the mound septic systern and the court if all surface runoff from court is directed away from the toe of the • mound. 4. 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 properry; 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. - 5. 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 10.03, Subdivision 14 (D) to permit the construction of a tennis court to be located 10' from the side and rear lot lines requiring , • Page 2 of 5 � � Form5�05 DiskOrono ! � O� O .. O CITY of ORONO • � �$�?e�=� RESOLUTION OF THE CITY COUNCIL r� �� -,� ;�, �.► �,, '� y �; ��, N0. � � �� '.� ��9 4�G • ��.r , k'ESII� , variances of 20' or 66.6% and 7.5' from the toe of the mound septic system, subject to the following conditions: 1. Upon application for a building permit, applicants' contractor shall provide a detailed grading and drainage plan addressing the following: A. Retaining wall to be constructed of a modular block used for retaining . walls not for decorative landscaping. B. A layer of clean sand or gravel should be placed behind the wall (between wall and court) to allow seepage between the blocks. C. Retaining wall need only be 24-28" in height. � D. Edges of the court should have some type of curb installed. • E. Curb should be dropped at the northeast corner of court. 2. Applicants shall provide a landscape/planting schedule for landscaping proposed adjacent to the east and south side of court. , 3. 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 (July 11, 1995). 4. 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. 5. 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. • Page 3 of 5 � c� � Fam 5005 Disk Omm . . �� • • � � ��' CITY of ORONO �-�=��.� � � • . ,�� RESOLUTION OF THE CITY COUNCIL �! ��"� ' .;3 ::. � � ,� � �, �� , � N0. '..�R 41. S, 1'1 � �� Gti ��k'ESI;Og'� l , Adopted by the Orono City Council on this llth day of July, 1994. � AT ST: �� , s �� , / � 0 othy M. al in, City Clerk Edward J. Callaha , Jr., Mayor , r ��.�� I Property Owner(s) � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . The foregoing instrument was acknowledged before me on this l lth day of July, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ��/'/�/ j ea.a�s�,a� � Notary Public CAROLE A. HASEMAN NOTARY PUBUC—MRINESOTA � � HENNEPIN COUNTY MY WMMISSION EXP�RES 62396 . �' • Page 4 of 5 ►�s�s a�� , . .� x � � � . � O� O :. . O CITY of ORONO • "`��`�=� RESOLUTION OF THE CITY COUNCIL .� r� ��. ' � �► . �,, � �, ��,� �, NO. ,� � � O � � Y � . G ��ESH�g'� STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) . On this �� day of f�vav , 199�{ before me a Notary Public within and for said county,personally app ared --- - -r • " °h h�,�j� � � �h1 ��,�.�'c. 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 actand deed. cAaoLE A. twset�u►r� ; NOTARY PUB�IC-7ANNESOTA �' HENNEPIN COUNTY ' - Mr c�M��10N°��s�}86 NO ARY PUBLI • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_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. i �- , � NOTARY PUBLIC Page 5 of 5 , • • Fam 5005 UisN Omro