HomeMy WebLinkAboutResolution 6303 t ,
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A RESOLUTION
DENYING A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 78-1435
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.
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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-1A 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.
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Adopted by the Orono City Council on the 24th day of June, 2013.
ATTEST:
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Rachel Dodge, City Clerk Li i Tod McMillan, Mayor
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Property Owner(s)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this � day of �.J � , 2013, by
Brian Henning, husband of Rebecca Henning.
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NOTARY PUBLIC-MINNESOTA
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this � day of �.J , 2013, by
Rebecca Henning, wife of Brian Henning.
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