HomeMy WebLinkAboutReso #3644 O O
CITY of ORONO
GRESOLUTION OF THE CITY COUNCIL
t�kESII0 NO. 8 644
A.RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (D) AND (E)
FILE #2079
WHEREAS, Richard Perry, Jr. (hereinafter "the applicant") is owner of the
property located at 440 Willow Drive South within the City of Orono (hereinafter "City") and
legally described as follows:
Refer to Exhibit -A attached, Hennepin County, Minnesota (hereinafter "the property");
and
WHEREAS, the applicant has applied to the City for variances to Municipal_
Zoning Code Section 10.03, Subdivision 9 (D) and (E) to permit the construction of a 20'x22'
addition to the west side of an existing 22'x23' detached garage located in the street yard in
front of the principal structure where accessory structures are to be placed either at or behind
the fi-ont line of the principal structure. The garage will be located 6.4' from the side lot line
where the code would require a 15' setback and where the existing structure is located 5.2'
from the south side lot line.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2079.
2. The property is located in the RR-1B, Rural Residential Zoning District requiring
2 acres of dry contiguous land. The property consists of 27,339 s.f. or .63
acres.
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O
O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
9kESH0 NO. 3 644 -q
3 The City Council of Orono reviewed this application on November 13, 1995,
and recommended conceptual approval of the proposed variances based upon the
following findings:
A. The property at .63 acres would be allowed a total of 2,000 s.f.
accessory structure area. The property contains a total of 1,024 s.f. of
accessory structures (968 s.f of garage and 56 s.f. of shed in rear yard).
B. The property is narrow with steep topography restricting vehicular access
to the rear yard.
C. The only gentle sloped area on the property is to the rear yard where the
existing septic system is located. This area should be retained for future
septic needs.
D. The flatter sloped area in the west front yard was filled and not suitable
for on-site septic development.
E. Sloping topography in the location of the proposed addition will allow
applicant to minimize visual impact of structure.
F. The applicant received approval of a side setback variance at 5' for the
existing 22'x23' garage in 1978. The proposed structure will be located
6.4' from the side lot line.
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 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 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.
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0 0
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�9kESH04� NO. 3 644
S. 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 10.03, Subdivision 9 (D) and (E) to permit
the construction of a 20'x22' addition to the west side of an existing detached garage located
in front of the principal structure where no structures would be allowed and where the structure
will be located 6.4' from the side lot line .requiring approval of 8.6variance or 57.3%.
Approval is subject to the following conditions:
1. Upon application for a building permit, applicant shall .provide an updated survey
locating addition to west side of the detached garage. Applicant's construction
plan shall address design of the roof to minimize the impact of the structure
from the street and side yard.
2. Applicant to provide a landscape plan showing location and number of evergreen
trees to be planted to the west and south side of the addition.
3. Authorities granted by this variance run with the property not with the applicant,
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 (November 27, 1996).
4. 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.
5. The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
hereby agrees to the recording of this resolution in the chain of title of the
property.
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O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
S��9kE H0 NO. 3644
Adopted by the Orono City Council on this 27th day'of November, 1995.
A ST:
Zge
Dorothy M. in, City Clerk Edward J. C ahan, Jr., Mayor
Property Owner(s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 27th day of
November, 1995, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & 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
.r
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
�•�•'� My Commission Expires Jan.31,2000
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0 0
CITYof ORONO
b
1%,
1$k� G~ RESOLUTION QF THE CITY COUNCIL
�9kE x03g' NO. 6 4 4
S
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this F*h 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 a ecuted the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
E- :NARY
ROLE A.HASEMAN PUBLIC-MINNESOTAHENNEPIN COUNTYmission Expires Jan.31,2�0o NOTARY FU>3LIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 10 day of /Y1 a�/ , 199(e before me a Notary Public within
and for said county,personally appeared D e- b�e- T Pp r ry' 01'e'rr;e
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.
LINDA S.VEEP z
NOTARY PUBLIC-MINNESOTA
.• HENNEPIN COUNTY NOTARY PUBLIC
''•}`•` My Commission Expires Jan.31,2000
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
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0 0
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�9kES80¢� NO. M 644
EXHIBIT A
PARCEL B
That part of the West 76.46 feet of the North half of the North half of the Northwest quarter of the
Southwest quarter of Section 3,Township 117 North, Range 23 West of the 5th Principal Meridian,
lying Easterly of the following described property:
Beginning at a point on the West line of Section 3, Township 117 North, Range 23 West of
the 5th Principal Meridian distant 31 chains South from the Northwest comer of said section
thence South 24 degrees East a distance of 5.26 chains; thence South 5 degrees West a
distance of 9.09 chains;thence South 30 degrees West a distance of 3.08 chains to said West
line; thence North on said West line a distance of 15.92 chains to the point of beginning.
PARCEL C (Perry's description minus Parcel A)
That part of the North half of the North half of the Northwest quarter of the Southwest quarter of
Section 3,Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows:
Beginning at the Southwest corner of said North half of the North half of the Northwest quarter of
the Southwest quarter; thence North along the West line thereof a distance of 198 feet; thence East
parallel with the.South line of said North half of the North half of the Northwest quarter of the
Southwest quarter to the centerline of the former County Road; thence Southwesterly along said
centerline to its intersection with the South line of said North half of the North half of the Northwest
quarter of the Southwest quarter; thence West along said South line to the point of beginning, AND
ALSO that part of the North quarter of the Northwest quarter of the Southwest quarter of Section
3, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows:
Commencing at the point of intersection of the South line of said North quarter of the Northwest
quarter of the Southwest quarter with the centerline of the former County Road; thence East along
said South line 247.5 feet;thence North a distance of 115.5 feet to the point of beginning of the land
to be described;thence continuing North 82.5 feet;thence West parallel with said South line to said
centerline; thence Southerly along said centerline to a line drawn West through the point of
beginning parallel with said South line;thence East to the point of beginning, EXCEPT that part of
the following described property:
Beginning at a point on the West line of Section 3, Township 117 North, Range 23 West of
the 5th Principal Meridian; distant 31 chains South from the Northwest corner of said
section;thence South 24 degrees East a distance of 5.26 chains;thence South 5 degrees West
a distance of 9.09 chains; thence South 30 degrees West a distance of 3.08 chains to said
West line; thence North on said West line a distance of 15.92 chains to the point of
beginning,
lying East of the West 76.46 feet thereof and South of the North line of the South 115.50 feet of the
North half of the North half of the Northwest quarter of the Southwest quarter of said Section 3.
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