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HomeMy WebLinkAbout#3073-variance-1992��kESH0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3073 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 12 FILE #1710 WHEREAS, Richard Bloomquist (hereinafter "the applicant") has an interest in the property located at 3333 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: Refer to Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 12 to permit an accessory storage structure to remain 1 1/2 to 2' from the • principal structure where a 10' separation setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1710. 2. The property is located in the B-3, Commercial Shopping Center Zoning District, requiring 2 acres in area. The property consists of approximately 2 acres. 3. The Orono Planning Commission reviewed this application on January 21, 1992 and recommended approval of the proposed variance based upon the following findings: a) The accessory structure has existed on the property for approximately 15 years. b) Based upon the limited parking and traffic/access plan approved for site, there is no other available area for salt shed. is Page 1 of 4 .� off,. O y O CITY of ORONO RESOLUTION OF THE CITY COUNCIL �`gkESH0 NO. 3073 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 property; 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. 5. The City Council has considered this application including the findings 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 10.03, Subdivision 12 to permit an accessory storage structure to remain 1 1/2 to 2' from the principal structure, subject to the following conditions: 1. Applicant shall obtain a building permit for the purpose of bringing the accessory structure into conformance with all applicable state fire code standards. 2. 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 this variance will expire on that date (February 10, 1993). 3. 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. 40 Page 2 of 4 - O O ti ESH0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3073 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 10th day of February, 1992. ATTEIST : othy M./-*llinr,, City Clerk :_/IFAY,1%it/ STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 10th day of February, 1992, by Barbara A. Peterson & 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. 40 Page 3 of 4 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3073 On this 4µ "h day of 9ebroary , 199 , before me a Nqtary Public within and for said county, personally appeared � -/ known to me to be the person(s) described n and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A HASEMAN NOTARY PUBLIC-MMESOTA HENNEPIN C0UN7Y MY COMMISSION EXPIRES 8*23,0 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC 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. NOTARY PUBLIC Page 4 of 4 N O� O � O CITY of ORONO RESOLUTION OF 0THE CITY COUNCIL �kESH0 NO. Exhibit A Tract D, Registered Land Survey No. 1422, Files of Registrar of titles, County of Hennepin; The boundary lines of said land are marked by Judicial Landmarks set pursuant to Torrens Case Nos. 17022, 17023, 17024, 17026 and 17065. Subject to an easement in favour of the City of Orono for sewage, water and drainage purposes over the Southerly'16 feet of the West 30 feet of the North 134 feet of Lot 1, Block 4, Townsite of Langdon Park (Now as to part of above land) Subject to the underground utility easement and restriction in favour of the City of Orono over the North 30 feet of the West 100 feet of the South 100 feet of the North 234 feet Of Lot 1, Block 4, Townsite of Langdon Park as contained in Book 2423 of Deeds, page 138, Document No. 3449568; (Now as to part of above land) Subject to the underground utility easement and restriction in favour of the City of Orono over the South 30 feet of the North 164 feet of that part of Lot 1, Block 4, Townsite of Langdon Park, as measured at right angles to the North line of said Lot 1 and its Easterly extension, as contained in Book 2423 of Deeds, page 170 Document No. 3449578; (Now as to part of above land) Subject to the restrictive covenant in favour of the Shell Oil Company, a Delaware Corporation as contained in Book 2623 of Deeds, page 454, Document No. 3697134, as to above part of Lot 1, Block 4, Townsite of Langdon Park; (Now as to part of above land) Subject to a permanent easement for highway purposes over all that part of Tract D, Registered Land Survey No. 1422, Registrar of Titles, County of Hennepin which lies northerly and easterly of the following described line: Beginning at a point on the West line of said Tract D distant 16.0 feet southerly of the Northwest corner thereof; thence run easterly parallel with the North line of said Tract D for a distance of 177.32 feet; thence deflect right along a tangential curve having a radius of 239.00 feet for a distance of 88.00 feet to a point herein after referred to as point "A"; thence continue along said curve for a distance of 40.00 feet to a point hereinafter referred to as point "B"; thence continue along said curve for a distance of 94.94 feet; thence tangent to said curve for a distance of 106.83 feet more or less to the southerly line of said Tract D and there terminating. Also over all that part of said Tract D which lies northeasterly • of the following described line: Beginning at the above described point "A"; thence run southwesterly along a radial of said curve for a distance of 7.00 feet; thence run southeasterly along a curve having a radius of 232.00 feet (said curve is parallel with and distant 7.00 feet southwesterly of the above described line) for a distance of 38.83 feet; thence run northeasterly to the above described Point "B" and there terminating.