HomeMy WebLinkAbout#3331 - Variance I
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� ��' CITY of ORONO
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�� �� RESOLUTION OF Z'HE CITY COUNCIL
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� RESOLUTION GRANTNG A VARIANCE . �
TO MUNICIPAL ZONING CODE �
SECTION 10.28, SUBDIVISION 5 (B) I '�
FILE NO. 1870
WI�REAS, Stephen and Randi Carlson(hereinafter the applicants ) are owners
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of the property located at 1185 Arbor Street within the City of Orono and legally�described as
follows:
Lots 1, 2, 3, 4, 5, 6, 7, 8, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28, Block 2,
Maxwell's Addition to Crystal Bay, Hennepin County, Minnesota (hereinafter '
"the property"); and .
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a 10' x 24' 8°
addition to the north side of the existing single stall garage to be placed 27' 3" from the street
lot line instead of the required 50'.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, '
Minnesota.:
FINDINGS
1. TYus application was reviewed as Zoning File #1870.
2. The property is located in the RR-1B Rural Residential Zoning District requiring
two acres in area. The subject property consists of approximately 3'h acres in �
area.
3, The 31h acre parcel is served with municipal sewer.
4. The Orono�Planning Commission reviewed this application on September 20, �
1993 and recommended approval of the proposed variance based upon the ',
following findings:
A. Existing structure was not constructed under current two acre zoning
setback standards• .
B. The location of structure on lot and setback is similar�to other properties ,
in the Crystal Bay neighborhood.
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0 . CITY of ORONO
��� ,� RESOLUTION OF THE CITY COUNCII�
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C. The addition will extend no closer to street lot line than existing residence.
D. The steeper sloping topographies to the rear �would require major filling
if structure was to be moved further away from the street and still be
installed as an attached garage.
E. There has never been a vehicular accident resulting from the use of the
garage at this street setback.
4. The City Council fmds 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 properry; 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 properry .
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 fmdings and
recommendations of the Planni.ng Conunission, reports by City staff, comments
by the applicant and.the effect of the proposed variance on the health, safety and
welfaFe of the community. .
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono City Council
hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit
construction of a 10' x 24' 8" addition to rthe north side of the principal structure to be located
27' 3" from the street lot line with a setback variance at 22' 7" or 45.5%, subject to the
following conditions:
1. Authorities granted by this resolution 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
exgire on that date (September 27, 1994). .
2, Violation of or non-compliance with any of the terms and conditions of this
� resolution shall constitute a violation of the zoni.ng code, shall autom�tically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
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� ��' CITY of I!
� , � ORONO i
� ��,� ''� " RESOLUTION OF THE CITY COUNCIL
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� 3. 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, I
hereby agrees to the recording of this resolution in the Chain of Title of the �, �
prope�'. II
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting '�
held on the 27th day of September, 1993.
A T:
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Dorothy llin, City Clerk war J. a� r n Mayor I
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Pro erty Own r (s) I
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STATE OF NIINNESOTA ) ;
_ ) ss. ,
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged.before me on this 27th day of �
September, 1993 by Edward 7. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of I�
the City of Orono, a Minnesota municipal corporation and said instrument was executed on �
behalf of the City. �
�
� No blic
� •�. JAMIE L BOSMA
:`„• ` • NO'r�wvPusuCrk+�NNEso7A
o:� . , HQ�d�IN COUNTY ,
`.-e••" My Comm.E�qdres 1219-97
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� � __ TY of ORONO
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STATE OF MINNESOTA ) � �
) ss.
COUNTY OF HENNEPIN )
On this 7� day of (�L�.��2� , 1993 , be.fore me a Notary Public _
within and for said County,personally appeared L � � - ''""y�'
known to me to be the person(s) described in and who executed the for oing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
e T• . JAMIE L BOSMA
;�:.• : • �ouwr Pueuc-Mir�NEsou o Public
NQ�AIEPiN COUNiY
g�w. Mjf�11111.�(8S�'Z-��
STATE OF NIINNESOTA )
) 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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City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. ! >104
A RESOLUTION DETERMINING THAT ONE SANITARY
',EWER SERVICE MILL B" PROVIDED TO THE
PROPERTY LOCATED AT 1.!05 ARBOR STREET
KNOWN AS LATS 1 THRU 0 AND 19 THRU 28,
BLOCK 2, MAXWELL'S ADDITION TO CRYSTAL BAY
WHEREAS, the City of Orono is a municipal corporation
organized and existir,y under the laws of the State of Minnesota; and
WHEREAS, Sewer Project 85-1 was initiated by the City to
solve existing on-site sewage treatment problems in the Crystal Bay
area, within which the property at 1205 Arbor Street is located; and
WHEREAS, the property located at 1205 Arbor Street, known as
Lots 1 thru 8 and 19 thru 28, Block 2, Maxwell's Addition to Crystal Bay,
has been combined for tax purposes into a single parcel le -,ally
designated as PID N10-117-2: 24 0031; and
WHEREAS, the total lot area of the property is approximately
3.03 acres dry buildable land, meeting the requiremen+-.s of the two acre
unsewered zone; and
WHRREAS, said property is under single separate ownership
not owned in common with any other abutting or nearby properties; and
WHEREAS, under the existing zoning and subdivision
regulations, the property could not be subdivided; and
WHEREAS, subdivision of t he property and construction of one
or more additional single family residences would be contrary to the
intent of the Cummunity Management Plan; and
WHEREAS, thepropertyo,:,ierwouldnot bedenied a substantial
property right if only one ss-:+er service is provided to the property.
NOW, THEREFORE, BE -T RESOLVED, by the City Council of the
City of Orono, Minnesota, that the property at 1205 Arbor Street (PID
110-117-23 24 0031 ), corril,ri sed cf Lots 1 thru E and 19 thru 28, Block 2,
Maxwells Addition to Crystal Bay, shall be provided with one sewer
service to serve the existing residence on the property.
Ado p ted by the City Councr 1 cf the City of Orono on this 8th
day of July , 1985.
DDtoi y J-1 n' ity i'le►k--
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N �[ y c Viler,
14rbor- �4r�e,t 4
City Form 1985-1
Sanitary Sewer Right
of Entry
Construction Easement
RIGHT OF ENTRY AGREEEMENT
.'EMPORARY EASEMENT TO CONSTRUCT SANITARY SEWER IMPROVEMENTS
Sanitary Sewer Project/Crystal Bay
The City of Orono (hereinafter "City") and the undersigned,
0-3reinafter "Owners-), in consideration of the sum of One Dollar
(=1.00) and other good and valuable consideration paid to Owners
by the City, the receipt and sufficiency of which is hereby
acknowledged, agree as follows:
I. Right_ to ConstructSewer. The Owners hereby grant to
the City, its successors and assigns, the temporary right and
easement over and across the real property located in Hennepin
County, Minnesota Legally described in Exhibit A attached hereto
and located generally on the map attached hereto as Exhibit 8
("Property") to use and occupy the Property for the purposes
heL •i stated, including but nat limited to the accomodation of
equlk—tit, tools, materials and excavated earth at all times prior
to Ju,: 30, !996. Said construction easement includes the tree
Light of the City, its contractors, agents and employees to enter
over, under and upon the Property at all times prier to June 30,
1986 for the purpose of ficilitiatinq the installati-)n and
construction of the public sanitary sewer improvements on the
lands abutting or adjacent to the Property, and includes the right
with respect to the Property CO excavate, fill and glade soil
thereon, to Lemove trees, bushes, grass and other c•.ructures which
interfere with construction, and the right to operate machinery
and equipment on and over the Property, to store machinery and
equipment and materials and supplies thereon in connection with
such construction of public improvements, and to do anything
necessary or usetul or convenient for the enjoyment of the
easement herein granted. Following construction, the City will
cause to be removed all machinery, equipment, materials and
Supplies Ind leave the premises in a nea'_ and pre er_a le manny �+ .
with all disturbed ,ireas reBee4@d'to grass. ((rrift 4 y.�
1. Ay[eement__Document.s. This Igreemin cobs -it_s o .this
agreement, Exhibits A and 8.
3. Covenant of Ownership. 'rhe Owners covenant that they
are the record fee owners of the Property and have legal title
thwt- ') and have lawful right and authority, without test r-icti>n,
to convey and grant the right )f entry and temporary easement
herrn granted.
IN TESTIMONY WHEREOF, the parties have hereunto set their
hands this _i_ day of 1985.
(Owners)
(Owners1-))
CITY OF ORONO
By_______ ____
Its
STATE OF MINNESO'PA )
ss.
COUNTY OF HENNEP[N ) FP NWJ
The foregoing instrument was ackno�+I g d be�o.� me
this day of' Lc 1985, by
�y , :f, _
and /G • �- L _ —, �.�.+1�•, to
me known to be the personas) described in, and o e:ecuted the
foregoing instrument, and ackowledged that they executed the same
as their free act end deed.
A'.
tads ry Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
'rhe toreq„inq instrument was acknowledged before me
chis day of , 1985, by
the _ of the City of Orono, a
municipe; coeporat on, on behalf of the corporation.
Notary Public
This Instrument Drafted By:
Popham, Hark, Schnobrich,
Kaufman S Doty, Ltd.
4144 IDi Venter 33
Minneapolis, Minnesota 55401
5710t
-2-
A temporary construction easement over, under and across a icrtion of the pro-
perty on lots 1 thru 8 and 19 thru 28 on Block 2 within the Maxwell's Addition
to Crystal Bay, Lake Minnetonka as described below:
Commencing at the northeast corner of the above mentioned property; thence
southerly 100 feet along a line parallel with the centerline of the Arbor
Street right-of-way; thence at a right angle westerly 30 feet; thence north-
erly 100 feet along a line parallel with the centerline noted above; thence
easterly 30 feet to the point of beginning,
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