HomeMy WebLinkAboutResolution 3625 ‘C‘
CITY of ORONO
2i� G~ RESOLUTION OF THE CITY COUNCIL
��kESH�4� NO. vcz 67-.
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.27, SUBDIVISION 5 (A)
FILE NO. 2080
WHEREAS, Dana S. Kellenberger and Gregory S. Kellenberger (hereinafter "the
applicants") are owners of the property located at 4045 Watertown Road within the City of Orono
and legally described as follows:
refer to Exhibit A, attached (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.27, Subdivision 5 (A)to permit the construction of an addition to the south
and west side of residence and a 24'x 24' attached garage addition to the east side that will be placed
52' from the street lot line where a 100' setback is required and 26' from the east side lot line where
a 50' setback is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 42080.
2. The property is located in the RR-1A Zoning District requiring five acres in area.
The property consists of 10+ acres.
3. The Orono Planning Commission reviewed this application on October 16, 1995 and
recommended unanimous approval of the variances as proposed, based upon the
following unique findings and hardships:
A. The location of the existing residence on the 10 acre parcel.
B. The only suitable soils for septic disposal systems is located within the higher
and gentler sloped elevations to the west and north of the residence.
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C. The location of the well on the west side yard also forces septic further west
on property in order to meet the required separation setback between well and
septic system.
D. Extensive yard to the south of the residence has been rendered useless for
septic development because of the historic horse use of the property.
E. Three trees will be removed as a result of these improvements. One tree will
be saved and replanted on the property.
F. A major stand of trees and plantings along the east lot line will minimize any
visual impact of the expansions within the substandard side and street yard
area.
4. 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 applicant, but is necessary to alleviate a demonstrable hardship
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 applicant and the effect of the proposed variance 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 10.27, Subdivision 5 (A) to permit the construction of
an addition located to the west and south of residence, and a 24' x 24' garage addition to the east
requiring a 48% street setback and 48% side setback variance, subject to the following conditions:
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.k,-3 ...t..... .-1., ^.. ��- CITY of
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�� �� 6,, RESOLUTION OF THE CITY COUNCIL
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1. Applicant shall provide a survey locating all approved structural improvements with
the application for a building permit.
2. Applicant has been advised by the Orono staff that the existing on-site septic disposal
system is non-conforming and not designed to support the four-bedroom addition.
A new septic system must be installed before a Certificate ofbccupancy is issued to
the owners.
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 permit
within one year of the date of Council approval, or this variance will expire on that
date (October 23, 1996).
4. 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.
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.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 23rd day of October, 1995.
A I :ST:
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Lam ' �ir� �! '
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Dorothy M. • :' , City Clerk Edward J. Call.. ', Jr., Mayor
_IDO-1N-6.- -5'ea_ i t-e-"r"1")<A"V"
Pro e O\ r (s) 1
aP rty
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. ORONO
CITY of
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~ RESOLUTION OF THE CITY COUNCIL
��kESH�4� NO. 3 ` 2 5
____
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of October,
1995 by Edward J. Callahan,Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
° '"'• LINDA S.VEE
: NOTARY PUBLIC-MINNESOTA \ i ��
°e '.• HENNEPIN COUNTY //'' �'
My Commission Expires Jan.31,2000 ti Notary Public
IJ,Yl�lflfl�!I✓!.lflllJlllJ„/!
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this !421 day of /lid t/f,ri b e , 1995--before me a Notary Public within and
for said county, personally appeared C re j e r I• Ke// b-e4?e ri /r'a r f,`e J
known to me to be the person(s) described in and who executed tl?e foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
E
"' LINDA S.VEE
NOTARY PUBLIC-MINNESOTA HENEPIN COUNTY �� -ZAt- • v..2�
- My Commission Expires Jan.31,2000 ti NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /.1-1-6day of JAI nMiii//e/ , 199.1 before me a Notary Public within and
for said county, personally appeared ll a n a S. Kr it e el b er1 , a r r°V it
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.
/nes,
!Y LINDA S.VEE //!n, G I (/'P1�
NOTARYPUBLIC-MINNESOTA 1N TARP PUBLIC HENNEPIN COUNTY My Commission Expires Jan.31,2000
!l./YJ-/I JYI.�"lllY.iYl .J—,, /
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b �. CITY of ORONO
�� +� �,f RESOLUTION OF THE CITY COUNCIL
! � NO. 3 6 2
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EXHIBIT A
j fAL. ISR 1 PT 1 tial OF PR R1 I S F S
The East 10 acres of the West 20 acres of that part of the
East half of the Southeast Quarter of Section 31 , Township
118 North , Range 23 West of the 5th Principal Meridian,
which lies South and Southwesterly of the center line of the
South Watertown Road , so called , and North of the right of
way of the Electric Short Line Railway Co . described in Deed
in Rook 751 of Deeds page 404 , and East of the West 35 rods
of the East half of the Southeast Quarter of said Section
31 .
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