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Home My WebLink About#6303-variance-2013 y/ Doc No T05109292 Certified, filed and/or recorded on Aug 21, 2013 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 52 Pkg ID 1020749M Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1360259 This cover sheet is now a permanent part of the recorded document. Doc No A09991795 Certified, filed and/or recorded on Aug 8, 2013 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 47 Pkg ID 1015047M Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 J This cover sheet is now a permanent part of the recorded document. �� O 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 3 0 3 G ��kESH04� A RESOLUTION DENYING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1435 I FILE NO. 13-3605 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, Brian Henning and Rebecca Henning, a married couple (hereinafter "the Applicants") are the owners of the property located at 245 Tonka Avenue within the City of Orono (hereinafter the "City") and legally described as follows: Lots 3, 4, and 5, Block 3, Bayside Addition to Lake Minnetonka, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for an after-the-fact variance to Orono Municipal Zoning Code Section 78-1435 to allow an existing 83 square foot shed to remain in its current location 19.6 feet from the front street lot line between the principal structure and the street where accessory structures are not normally allowed; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono City Council held a public hearing on June 10, 2013 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested variance as described above based on one or more of the following findings of fact concerning this property: FINDINGS 1. This application was reviewed as Zoning File number 13-3605. Page 1 of 4 O O CITY of ORONO Alf RESOLUTION OF THE CITY COUNCIL NO. 63a-3 t�kESH04� 2. The Property is located in the LR-1A One Family Lakeshore Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The Property contains 25,021 square feet in area and has a defined width of 199 feet. 4. The Property is zoned residential and the Applicants have an existing home located on the Property built in 1994. 5. The Applicants have failed to demonstrate that enforcing the provisions of the Zoning Ordinance deprive the Applicants of the reasonable use of their Property. 6. The Applicants have not demonstrated a reasonable practical difficulty. The request for a variance to allow the 83 square foot shed in the existing illegal location is merely a convenience to the Applicants. 7. The conditions and limitations imposed by the Zoning Code on this Property are the same as those imposed on other properties within this zoning district. The existing shed located within the required front yard is not consistent with other properties in the LR-1 A zone. 8. 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. 9. The City Council finds that the conditions existing on this Property apply generally to other property in this zoning district; that granting the variance would merely serve as a convenience to the Applicants, and is not necessary to alleviate a practical difficulty; is not necessary to preserve a substantial property right of the Applicants; and would not be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. FURTHER, BE IT RESOLVED that as a result of the denial of the after- the-fact variance, the shed shall be removed or relocated to a conforming location on the Property by or before August 23, 2013. A Zoning Permit is required for relocation. Page 2 of 4 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 �kES80g� Adopted by the Orono City Council on the 24th day of June, 2013. ATTEST: Rachel Dodge, City Clerk Li i Tod McMillan, Mayor I Page 3 of 4 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ti Pp 0 NO. 6 3'D,-3 ��kEs116 ` 1 Property Owner(s) 7 STATE OF MINNESOTA COUNTY OF HENNEPIN ( / This instrument was acknowledged before me this day of .J GU , 2013, by Brian Henning, husband of Rebecca Henning. MONICAA.FADNESS NOTARY PUBLIC-MINNESOTA W Cortrnission E*fesJm.31,2017 NotgN Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of J Li L4 2013, by Rebecca Henning, wife of Brian Henning. Baa . MONICAA.FADNESS C� NOTARY PUBLIC-MINNESOTA Nolary Public W COMMission EViresJan.31,2017 Page 4of4 STATE OF MINNESOTA } ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on June 24, 2013, 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 this a midday of , 2013. City Clerk e 1 3 F co 5�_