HomeMy WebLinkAbout#4546 - Variance /i O
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�,� G'� RESOLUTION OF THE CITY COUNCIL
t�EsK� No. 4 s 4 �
A RESOLUTION GRANTING A VARIANCE
TO MU1vICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9(D),
FILE NO. 2614
WHEREAS, Joe and Sue Haus, (hereinafter "the applicants") are owners of the
property located at 4485 Bayside Road within the City of Orono(hereinafter"the City")and legally
described as follows:
Exhibit "A" attached hereto, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS,the applicant has applied to the City for a variance to Municipal Zoning
Code Section 10.03, Subdivision 9 (D) to permit the construction of an accessory structure closer
to the street lot line than the residence.
�VHEREAS, 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 October 16, 2000, at which time all persons desiring to be
heard concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2614.
2. The property is located in the RR-1B, Single Family Rural Residential Zoning
District. �
3. The Orono Plannina Commission reviewed this application on October 16,2000 and
recommended approval by a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
A. The Property does not have direct access to a road. The lot is accessed via an
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RESOLUTION OF THE CITY COUNCIL
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easement for driveway purposes along the west property boundary of the
property to the northeast. The building would be located approximately 575'
from Bayside Road.
B. The area located behind the new residence is a low area without driveway
access. The accessory building will be used for storage of equipment for
maintenance of the shared driveway.
C. The building would be located 70' from the north property line and a
minimum 30' from the side lot line. The building would be located as far
south as the existing well would allow. The well is located about 90' from
the property line. South of the well are mature trees that would be required
to be removed to make room for the building. The existing location would
take advantage of the building pad for the old house. No tree removal or
regrading would be required.
D. The existing buildina shall be removed prior to the City of Orono completing
a final inspection on the new building.
E. The height of the proposed building will be significantly lower than the
height of the existing house and will be screened from the road by existing
trees,therefore the visual intrusion of the accessory structure will be minimal.
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 will 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 applicants,but is necessary to alleviate a demonstrable hardship
or difficulty; is necessary to preserve a substantial property right of the applicants;
and would be in keeping with the spirit and intent of the Zoning Code and
Comprehensive Plan of the City.
6. The City Council has considered this application including the findings and
reconunendations of the Planning Commission, reports by City Staff, comments by
the applicants and the effect of the proposed variance on the health, safety and
�velfare of the community.
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�',� G'� RESOLUTION OF THE CITY COUNCIL
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CONCLUSIONS, ORDER,AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D)to permit the construction of
an accessory structure closer to the street lot line than the residence. Approval is subject to the
follo�ving conditions:
1. Prior to the City of Orono completing a final inspection, the existing 12' X 32'
accessory building shall be removed from the property.
5. Authorities granted by this variance 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 these variances will expire on that date
(October 23, 2001).
3. Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zonina code,shall automatically terminate
any authority granted herein, and shall be punishable as a misdemeanor.
4. 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.
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�',� �,'� RESOLUTION OF THE CITY COUNCIL
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Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on
the 23rd day of October, 2000.
ATTEST:
�� � �����
� inda S. Vee, City Clerk Gabri Jabbour, Mayor
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, � (.�,CD � � � s
Pr perty wner (s)
STATE OF MINNESOTA )
) ss.
COLTNTY OF HENNEPIN )
The foregoing instrument��-as acknowledged before me on this 23rd day of October, 2000
by Gabriel Jabbour and Linda S. Vee, Mati•or and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument �vas executed on behalf of the City.
RACHEL DOOGE
NOTAr�"PUBLIC-t�IIJESOT�4 ��c..��_tiy'--(� � G�-`t�,�',
My Cornmrsion ExpYes J�.31�2005
Notary Public
STATE OF MINNESOTA )
) ss.
COLNTY OF HENNEPIN )
On this �_���' day of �� �� 1=< <�r�/ , 200�, before me a Notary Public within and
for said County,personally appeared i��� i-tc�t�s M a ri��c'� �o��
to me to be the person(s)described in and��-ho executed the foregoing instnunent,and acknowledged
that he (they) executed the same as his (their) free act and deed.
RACHEL DODGE , �-jCc�,L� �_t= d�rc(c�_�-_
����� Notary Public
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
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On this /���' day of ��f�i2«< r�f ,200:�,before me a Notary Public within
and for said County, personally appeared ���� f-��-�-�`� ,.._,�'=�"r�P��
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowled�ed that he (they) executed the same as his (their) free act and deed.
RACHEL DODGE ���-�__.�-�-C /�����.,
N�TARY PUSUC-MINNESOTA NOt Public
` My Cortunission Expires Jan.31,2006 �'
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Exhibit A
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LEGAL DESCRIPTION
Thaz parti of the Northeast 1/� o� the 2�orth�est 1/4 oP Section Ei ,
To�rnship 117 , Renge 2� deaarib ed as fbllvgr s :Be ginning at the
Northeast corner of' the South�rest 1/4 of the I�ortheast 1/4 of the
North�est 1/4 oP Seation 6 ;�hence West along the North line of th�
Southwesti 1/4 or said Northeast 1/G a.�' North�rest 1/4 of Sectivn 6 ,
� distence o� 1�i sods ; thence South and para11e1 with the �7est lin=_
oP 9ei� PTartheast 1/4 oP Northxest 1/a to South line of said
Northeast 1/4 vP NorthRest 1/� o�' Section e; thenae Eest along .
South line of 2iarthea9t 1/4 aP Northr�est 1/4 oi' Section 6, 28 mds :
tihence North a dis�ance aY 48 rais to a point 10 rods East of the
Y�est lin� o� the North�s� 1/� oY Northeast 1/� of 2iorthxest 1/�
oz Section b ; ��hence �est lU z�ds to �est line oi' said Zlortheeat 1�
oz' Northeast 1/� oP Northwest 1/� o� Section Ei ; thence South to po?
oP be�inning, all in and par� oP Ssction ti, To�nship 117 , Hange 25:
�lsn a strip or lend �1 1/4 feet �ride on each eide of a line dra�n
rror,� a point on �he North li� af 2+orthxest 1/4 0� Section ti,
To�rnship 11? , Range 23 a distasc e oZ 10 1/'� rods Eest of Northwes�
cozner of Northeas� 1/4 aP Northeas� 1/4 of l�vrthwesL 1/4 oP said
Section o ;thenae South a distenae vf 3'� rads to a point 10 1/2 rod:
�as�� vr �Test line oi' Rortheast 1/4 0�' 2lortheast 1/G o�' North�rest l,
oP said Section 6 , To�rnship 117 , Rana�e �� .
(Not e:Ths stirip or land 8 1/4 feet Rid e on each side of' �he line
adove descritied is included in ths aba�e caption for purpose af
s�o�rin� zitle to an essemeu� thereon �rhicti is ap urtene.nt to the
oalar.c e of the premises covered b,� above caption� �
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