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Home My WebLink About#4828-variance-2002 �. i�.•_.,.: ...g � /�._" ' /� �� . � o 0 ��b. - CITY of ORONO �� : �� G'�' RESOLUTION OF THE CITY COUNCIL ��sH�4� NO. � � `� � A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZOI�tING CODE SECTION 10.23,SUBDIVISION 6 (B), _ - FILE NO. 02-2794 � WHEREAS, Chris Bollis and Gail Bollis, husband and wife, (hereinafter "the applicants")are the owners of the property located at 200 Stubbs Bay Road within the City of Orono (hereinafter "the City") and legally described as follows: � , Exhibit A. (hereinafter "the property"); and .. � WI�REAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.03, Subd. 9 (B)to allow placement of an accessory structure between the principal building and the front lot line where no accessory structures are normally allowed. • 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 17, 2002,at which time all persons desiring to be heard conceming this application were given the opportunity to speak thereon. . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File#02-2794. 2. The property is located in the RR-1B Zoning District. 3. T'he Orono Planning Commission reviewed this application on June 17, 2002 and recommended approval of the proposed variance based upon the following findings: A. The location of the residence is 600' from the street toward the rear of the 20+acre property,making it impossible ti�place an accessory structure within the front yard without a variance. • B. The height of the building will be significantly lower than the height of the 1 of 6 � i �O ' 7 I • O O ��b. - CITY of ORONO �� ' F �� . '�' RESOLUTION OF THE CITY COUNCIL ��`9$'E 04'�G NO. � � � � �_SH existing house. C. The structure will be located more than 500' from the side lot line, and - approximately 90' from the front lot line, with no visual impact to adj�cent properties. • 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 will not adversely affect traffic conditions,light,air,nor pose a fire hazazd or other danger to neighboring property;would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hazdship 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 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 a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (B) to allow tlie proposed accessory structure to be located nearer the front lot line than the principal building. 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 B. Any amendments to the site plan may require further Planning Commission and City Council review. 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 year of the date of Council approval,or these variances will expire on that date (June 24, 2003). 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 2 of 6 �---- �7 O� • O O ��b. - CITY of ORONO �� . ,� � . . �� G'�' RESOLUTION OF THE CITY COUNCiL ��kESH04'� NO. 4 � `� � 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 properry. Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 24th day of June, 2002. ATTEST: �°�,�, ,� U..� Li S. Vee, City Clerk Barbara A. Peterson, Mayor � . � - �,�L e . . Property Owner(s) STATE OF MINNESOTA , COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 24th day of June, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ��Y��PA Not blic � NGiTAFK 11�LfC-I�ME80RA . I�r Ca�'iNon E��M�.31.�D06 STATE OF MINNESOTA � COUNTY OF HENNEPIN • The foregoing instrument was acknowledged before me on this ��day of June,2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said � 3 of 6 ! � � /�1 /� �� o 0 ��e. - CITY of ORONO � - ,� � � .. �� G'�' . RESOLUTION OF THE CITY COUNCIL �9kESH�4'� NO. � � � � instrument was executed on behalf of the City. �� " RACHEL DODGE Notary Public ;�.�',�= NOTARY PUBLIC-MINNE^OTA .`.�`'a� My Commission Expirns Jan.31,2065 STATE OF NIlNNESOTA �COUNTY OF HENNEPIN n� .. ��r� , t��" .. On this C�0 day of �1,��a. ,2002, C:VI Y'� S ��I I iT=�personally appeared before me, who is personally known to me � whose identity I proved on the basis of �N ��- whose identity I proved on the oath/affirmation of , a credible witness . - and who executed the foregoing instniment,and acknowledged that he/she/they executed the same as his/her/their free act and deed. , HEL DODGE �� '��' �� Notary Public xr NOTARYPUBLlC-M��aE3�T�5 `:�y? My Cpmmfssion Expsres . :,,:, STATE OF MINNESOTA COUNTY OF HENNEPIN � -!�j" �(�t.rYi ec� On thisa5 day of��- , 2002, ��-� � ��l%S , personally appeared before me, . who is personally known to me V whose identity I proved on the basis of M !v ��— � whose identity I proved on the oath/�rmation of , a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. � • �--�o`.�_R-e.�� jo�� • Notary Public 4of6 , , • Exhibit A � � . � .� � � � . .. . . . . . . � � 2 . � . _ . . . � . . Part of the Ilest 1/2 of the Southeast 1;4 of Section 32, Township 118, Range 23 as ' follows: Beginning at the sauthwest corner of the t�orthwest ; of the Southea;t �; . � of Section .32, Tawnship 118, Range 23; thence East 13 1/3 rods; thence I�arth 12 . rads; 'thence �Jest 13 1/3 rods; thence llorth 30 rods; thence east 80 rods to tne . east line of said Northwest a• of the said Sautheast.�• _ 4lest to a point 14 1/3 rods east of point of beginning,tthenceSSouth4l rod;�thencee West lh 1/3 rods; thence riorth 1 rod to point of beginning. . � . . � , • Page 5 of 6 � � .. . . . : . . � . . Exhibit B " � � . .. � � ��,j ;. 4 � '� � , . �� . . . . y �r. :�a� . � . �� ' 'L.ti• . . � 1 ' • • r. ' :1.:�';,,. . • . .. � f�f•..rcOfAL1'Y • , . • . . • ^ ' ' . • • • , ' ' N.W,'TELEPHONE MAIN 23p� � . . � FR�iiVK �. �Ui'i"�R, t�ft. � �•� - . • , ' . : CIV1L ENGINE£R AVD SURVEYOR • ' . • ' . T 1 O SYiCE3 B�OCK ' _ -�' . • ' . _ . • . . . ' N11N1`iEAPOLIS�•M(NN. 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