HomeMy WebLinkAbout#3802-variance-1996 . .� .
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�'C�t �,~' RESOLUTION OF THE CITY COUNCIL
9kESH0g'� NO. � � n 2
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (D)
FILE #2184
WHEREAS, Brian Carrington and Beth Cairington (hereinafter "the applicants")
are owners of the property located at 1920 Sixth Avenue North within the City of Orono
(hereinafter "City") and legally described as follows:
That part of the Southeast 1/4 of Section 27, Township 118, Range 23, Hennepin
County, Minnesota described as follows: Commencing at a point on the north line of
said Southeast 1/4 distant 397 feet East from the northwest corner of said Southeast 1/4;
thence East 376 feet along said north line; thence south parallel with the ��vest line of
said Southeast 1/4 to a point 183 feet from the center line of County Road No. 6;
thence west at right angles 150.00 feet; thence south to said County Road; thence
northwesterly along same north line to the east line of the west 397 feet of said
Southeast 1/4; thence north to the point of beginning, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.03, Subdivision 9 (D) to permit the conversion of the existing
residence structure at 20'x25' to an accessory structure to be located 150' in front of the front
line of the new residence stnicture where no such encroachment is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2184.
. 2. The property is located in the RR-1B, Rural Residential Single Family Zoning
District. The property consists of 3+ acres.
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��� ��,'�' RESOWTION OF THE CITY COUNCIL
9kESH�S�`' NO. � � 0 2
3. The Orono Planning Commission reviewed this application on October 21, 1996,
and recommended approval of the variances as proposed based upon the
following unique findings or hardships:
A. The new residence structure will be located approximately 54' from the
rear lot line of a lot that is 380' in depth.
B. The existing residence structure is in good condition and has received
regular maintenance.
C. The accessory structure is located 115' from the street right-of-way and
is consistent with the setback of other residential structures in the
immediate area.
D. The structure has historic significance as former Wolsfeld home built in
1910.
E. Extensive tree coverage between accessory structure and proposed house
prevent persons from viewing second residence at rear of property.
4. The City Council finds that the conditions existing on this property aze peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variance would not adversely affect tr�c conditions, light, air nor
pose a fire hazard or other danger to neighboring property; wauld 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.
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CITY of ORONO
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t9kESHOg'� NO. �� ��
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings and hazdships, the Orono City
Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D)
to pemut the conversion of the 20'�5' existing residence into a storage/workshop structure to
be located 150' in front of the new residence structure, subject to the following conditions:
1. Applicants shall execute a restrictive covenant to be filed on the chain of title
of the property that will provide notice to both current and future land owners
that the existing accessory structure can never be used as an independent
residential unit for either rental or guest house use.
2. All plumbing and plumbing fixtures shall be removed except for an outside
spigot to serve for watering and irrigation of lawn shrubs. The heating system
shall be used when workshop is in use. The structure's principal use shall be
for storage.
3. Authorities granted by this resolution run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building pernut within one year of the date of Council approval, or this variance
will expire on that date (November 12, 1997).
4. Violation of or non-compliance with any of the terms and comditions 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.
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��t �G'�' RESOLUTION OF THE CITY COUNCIL
�kEsxo�' No. 8 0 2
Adopted by the Orono City Council on this 12th day of November, 1996.
A ST:
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orothy M. al ' , City Clerk Edwazd J. ahan, Jr., May
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Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 12th day of November, 1996,
by Edwazd 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.
\ ( !i� O J � .!V� A��//L/
• CAROLE A HASEMAN Notary Public
;�. HpTAR1f PUBUC-NHNNESOTA
: � MB�INEP�N COUNTY
•,... NlyComndssbnbcD�res,bn.31.2�00
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this fh day of_ , 199� before me a Notary Public within and
for said county, personally app ared � -�r•,a
known to me to be the person(s) described in and w o executed the oregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
CAROLE A.HASEMAN /
'��^Y` NOTARY PUBUC-MINNESOTA � a� � T.�/��.—/�'L���
HB�INEPIN COUNTY
•,�.••' My Cammissia►Expires Jan•31,2�►0o Notary Public
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.
Notary Public .
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