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Home My WebLink About#5670-amending 5331-2007CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. j56 A RESOLUTION AMENDING RESOLUTION NO. 5331 AND GRANTINGAVARIANCE TO MUNICIPAL ZONING CODE SECTION 78-348(3) FILE NO. 07-3314 WHEREAS, Navarre Congregation of Jehovah's Witnesses, a Minnesota non-profit corporation, (hereinafter "Owner") is the owner of the property located at 3655 Togo Road within the City of Orono (hereinafter "City") and legally described as: That part of Lot 7, Block 10, Townsite of Langdon Park, Hennepin County, Minnesota, descibed as follows. Beginning at a point on the East line of said Lot 7 a distance of 136.45 feet North of the Southeast comer theorof: thence West at right angle to said East line a distance of 128.00 feet; thence South at right angles a distance of 13.55 feet; thence West at right angles a distance of 136.00 feet more of less to the West line of said Lot 7; thence North along the West line thereof to the Northwest corner thereof: thence East along the North line thereof to the Northeast comer thereof: thence South along the East line thereof to the point of beginning. Except road. Also except the West 100 feet of said described proprty (hereinafter "the Property"); and WHEREAS, Michael Ingemansen has made application on behalf of the Owner to the City for a revision to the conditional use permit for a place of worship approved by Resolution No, 5331 to allow construction of an 8 -foot by 16 -foot storage shed; and WHEREAS, Michael Ingemansen has made application on behalf of the Owner to the City for a Variance to Municipal Zoning Code Section 78-348(3) to allow this shed to be constructed 24 feet from the property line when a 50 foot setback is required; and 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 September 17, 2007, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Page 1 of 4 0 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL �SY104 NO. 5 670 FINDINGS 1. This application was reviewed as Zoning File #07-3314. 2. The Property is located in the LR -1C zoning district, where 0.5 acre is the minimum lot area and 100 feet is the minimum lot width. The Property is approximately 1.44 acres in area and 163.42 feet in width. The Planning Commission reviewed this application on September 17, 2007 and on a vote of 4 - 0 recommended .approval of the conditional use permit revision and variance, based on the following findings: a. The proposed use of the shed for storage of grounds keeping equipment and supplies and general supplies is reasonable and customary.. b. The design of the shed is compatible with the building and surrounding residential area. c. If this property were used for residential purposes the shed could be located as close as 10 feet from the property line. d. The proposed location adjacent to the building is necessary for reasonable functioning of the shed. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 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 Owner but necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owner; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 4 r-'4�60'0 I", '�144 C TYof ORONO RESOLUTION OF THE CITY COUNCIL NO. .56%0 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby amends Resolution No. 5331 and grants a variance to Orono Municipal Zoning Code Section 78-348(3) to allow construction of an 8 -foot by 16 -foot storage with a 24 -foot setback from the west property line, subject to the following conditions: 1. Council approval is based on the site and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A. and B. Any amendments to these plans may require further Planning Commission and City Council review. 2. The use of the shed shall be limited to storage. 3. All other findings and conditions of Resolution No. 5331 remain unchanged and valid. 4. Authorities granted by this resolution run with the Property not with the owner, but are permissive only and must be exercised by obtaining a building permit for the new construction before September 24, 2008 or the conditional use permit revision and variance will expire on that date. 5. 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. 6. The undersigned Owner has read, understood and hereby agrees to the terms of this resolution and on behalf of its 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 24th day of September, 2007. Page 3 of 4 _ j t Linda S. Vee, City Clerk r Navarre Congreg ion of Jehovah's Witnesses By: Michael Ingemansen Title: President STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5670 S Cpl�_Is M. White, Mayor This instrument was acknowledged before me this l D day ofb��- 2007 by Michael Ingemansen, President of Navarre Congregation of Jehovah's Witnesses, a Minnesota non-profit corporation, on behalf of the non-profit corporation. ski J.1../lJ1✓.!J.../111J.loll✓111tt.J.l-.l �O 111 ill �� Simi BROWN Page 4 of 4 SCG^O�„----AD -------- --_��->---->-_->�__=>1� ------------------- TOGO 1 a I -r C z CL ICL / 0 y � V) 4 W 135.70 MID LP Q%/T%/%1 7 SLAB _... Gwagc.7i Y FX 7PJG BL L D ", z J LL/LLrL�J Oowl W Fw IP O mp u1J 6M - 0 In L3L 9388 934.3 L) X O � c O^ e LLJ � az wm� 935.1 ri ooW�y� VJF- � O � 1 WWF 1 135.70 MID LP Q%/T%/%1 7 SLAB _... Ll Y 12'E3p 9rv.p,E.47 w----------- ;------- 2' SHED QVER__HANG 00 p ROAD INV EL -B28.,, Fw IP 935.4 935.1 - n9 uu4a Ny k PARKING LOT t 935.1 pb- a u" ,, ♦ 9388 934.3 834.9 ` 93e.2 sfi,,,�5. ♦ � i 935.4 935.1 1 1 lf� 937.8 937.8 939.2 938.4 x 835.9 of ED r: 8 jj��j PP aJ 5 837.2 3 837.2,; / /4 93. 5 6 939.935.3 935.3 ; W F �Py \ PONDING�11 iw 1 1 I WATER ELEV. )93.4 934 9 x935.2 935.9 �t935.6 //77 `t / 39,5 937.7 1 ;I 939.3 n E8.0 d 939.11 ��y__- 939.8 39.1 7RMIF PROPOSED SHED 3B.c ♦ I 0 o 11 0 2' SHED QVER__HANG 00 p rig i z PARKING LOT t a u" ,, ♦ 9388 934.3 93e.2 sfi,,,�5. ♦ � i a♦ � lf� 937.8 937.8 939.2 938.4 x 835.9 of ED r: 8 aJ 5 837.2 3 837.2,; / /4 93. a � 939.935.3 9 1A _\ �,p 935.7 419372�� W F �Py \ PONDING�11 iw /AREA I WATER ELEV. )93.4 934 9 x935.2 �t935.6 80, FMD 128.00 x � 58957'30" W ',�` c a FL o'w` 0 J4 E -ITS n A version of this drawing showing the exterior materials will be4tome Exhibit B. RECEIVED AUG 1 0 2007 CITY OF ORONO ZONING FILE NO. 07-3314 EXHIBIT A i vvU Icvnv �42> -- W z O nim gO 11d F— o °ars , us°.2 - ate_ sass •6 W W e U B � gd4 x R LLLLz5555 W §^5 1` /l o., o wee 'O � r= 8b° 1 I �•3 m ANd i ` y °X 135.70 FF RESOLUTION NO. 6 1 0 -PROPOM SHFMko °aiA C N SfU OVMHAI[6 m P no z PARKING LOT 0i q' s I I I' I nim °ar.° 237-8 `.J d` 9362 9F x �Yf i h x m �i o s °ars , us°.2 - ate_ sass •6 •� tla= W e � � M7.7 4 i l °673 1` /l 3 II 'O •J ?+ 8b° 1 I �•3 m ANd i ` y °X Z to z 4 4 I W li •! 11 9A I 11 Ir -PROPOM SHFMko °aiA C N SfU OVMHAI[6 m P no z PARKING LOT 0i nim °ar.° 237-8 `.J d` 9362 9F x �Yf i h x m �i o s °ars , us°.2 - ate_ sass •6 •� tla= W e � � l °673 1` /l rwv I♦ I" MOM - wt MY - wt and t v AMK• 37.26 no AL / 128.00 FW A S69'57.W W ;�—Pant of 8eglnnlrtg 7 �p � po�Ss , f N�j..1 � t �. c...r nn. of Lot 7. &Oak t0. ZONING FILE NO. 07-3314 EXHIBIT B RESOLUTION NO. 56i STATE OF MINNESOTA } } ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that 1 compared the foregoing resolution adopted at the meeting of the Orono City Council on September 24, 2007, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City t'hi's 27' day of Sgptember 2007. .t. w , City Clerk ';,.