HomeMy WebLinkAbout#4226-variances-1999 �� .
/ O�?
� ' V
O O
�b:_- C ITY of ORON4
� �
�� G'�' RESOLUTION OF THE CITY COUNCIL
„
��kESH04� NO. � � a�°' '��
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIO�1 10.03, SUBDIVISION 9 (C)(2); AND �
SECTION 10.03, SUBDIVISION 9(B)
FILE NO. #2445
WHEREAS, Robert S. Gehrman and Marilyn Gehrman (hereinafter "the
applicants") are the owners of the property located at 4300 Sixth Avenue I�Torth, PID 31-118-23
12 0019 within the City of Orono (hereinafter "the City") and legally described as follows:
Lots 2 and 3 and Outlots A and B, Sharon Hills, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, after due published and mailed notice in accordance �vith Minnesota
Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission
neld a public hearing on January 19, 1999, at which times all persons desiring to be heard
concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for variar.ces to Municipal
Zoning Code Section 10.03, Subdivision 9 (C)(2) to permit the construction of an oversized
accessory structure on the lot with a maximum foot print of 3,852 s.f. where the zoning code
allows a maximum footprint for one accessory structure on a lot greater than 9 acres to be
3,000 s.f.; and Section 10.03, Subdivision 9 (B) to permit the structure to exceed the height
of the principal structure on the lot.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application �vas reviewed as Zoning File #2445.
2. The property is located in the RR-lA Zoning District, �vhere 5 acres or 217,800
s.f. is the minimum lot area. The property consists of 10+ acres.
Paje 1 of 5
, �
� O�
O O
, CITY of ORONO
� �
ti
RESOLUTION OF THE CITY COUNCIL
�.� �E xo �,� � � -�
9 S 4 NO. � w ,� .�
3. The Orono Planning Commission reviewed this application on January 19, 1999 .
and recommended approval by a vote of 4 to 1.
4. The Planning Commission made the following findings of fact:
A. The 2,872 s.f. building addition would be added to an existing 20' by 49'
structure.
B. A building permit has been issued by the City Building Official to
construct the 36' by 77' building, without the connected walkway.
C. Four acce�sory buildings are located on the property totaling 2,132 s.f.
The new addition would add 2,872 s.f. for a total of 5,004 s.f. of
accessory buildings on the lot. The Zoning Code allows a total of 6,000
s.f. for all accessory structures on lots larger than 9 acres.
D. The addition will be located over 400' from County Road 6 minimizing
the impact on views from the road.
E. The structure will be located on a low portion of the property. The new
building will be the lowest structure on that portion of the lot.
F. The addition will not be higher than any portion of the existing barn to
w�hich it will be added.
G. The development is consistent with the nual character of the locality and
the intent of the Comprehensive Plan.
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 variances 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 Compreliensive Plan of the City.
Page 2 of 5
. �-_.
� O�
O O .
� c iTY o� oRONo
� �
'�' RESOLUTION OF THE CITY COUNCIL
'q 4� NO. 'C� � �''. 7
G
� kESH� �
6. 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 variances 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 9 (C)(2) to permit the
. construction of an oversized accessory structure on the lot with a maximum foot print of 3,852
�.f. where the zoning code allows a ma:�imum footprint for one accessory structure on a lot
greater than 9 acres to be 3,000 s.f.; and Section 10.03, Subdivision 9 (B) to permit the
structure to exceed the height of the principal structure on the lot. Approval was subject to
the following conditions:
1. The applicant files a restrictive covenant on the property to be filed in the chain
of title stating restrictions on subdivisions regazding the placement of the
oversized accessory structure.
2. 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 yeaz of the date of Council approval, or this variance
will expire on that date (January 25, 2000).
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.
4. 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
.� .
� O� .
O O
, CITY of ORONO
� ti � .
'� RESOWTION OF THE CITY COUNCIL
�'�'q1fE Hp4��G NO. � �. ?. �
S
Adopted by the City Council of the City of Orono, Minnesota at a regulaz
meetin� held on the 25th day of January, 1999.
ATTEST:
? � J
. C�
Lind S. Vee, City Clerk Gabriel abbour, ayor
. �l'� • i✓
Pro rty Owner (s
STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN )
� The foregoing instrument was acknowledged before me on this 25th day of
January, 1999 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.
R;�, ::�,
t,j�,` CRROLE A.NASEP�IA,N l
; ;.c ..u��;.� NOTARYPU6lIC-MINt�!ESOTA r.
� '�;,�`;;�:t,' HfiNNEP(N COUNTY NO Public
; `"�'��` rdy Ccrrrt'dcsicn Erpires Jsn.31,2000 � �.
k' .. ��'�.e.-.c;.:
Page 4 of 5
. .
� O�
O O
. CITY of ORONO
� �
�� Gti' RESOLUTION OF THE CITY COUNCIL
t9kE38�g'� NO. . � � �� �
STATE OF MINi�1ESOTA )
) ss.
COUNTY OF HENNEPIN )
On this�J_ day of F�hr��a f_. , 199�before me a Notary Public wi�iin and
for said county, personally appeared � w, "'�' known
to me to be the person(s) described in and who execute the foregoing instrument, and
acl:nowledged that he (they) executed the same as his (their) free act and deed.
.��- _ �, /
• CAROLE A.NASEM?,N . ����/
,��� NOTARYPUBIIC-MINI��ESOTA �� ��o���-�-J
' �� , ��A� NOTARY PUBLIC
•' �t,��t;• HENNEPINCOUNtY
��•��' My CommissiCn Er.pires J&n.31,2000 �
��''����'��i'i'•� .c ...r.c >.,�.r..'�.�i:�
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
Page 5 of 5