HomeMy WebLinkAbout1988-08-22 Resolution 2488w
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
2488
A RESOLUTION 3RANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 15 (F),
SECTION 10.03, SUBDIVISION 9 (D) AND
SECTION 10.28, SUBDIVISION 5 (B)
FILE 11317
WHEREAS, Duane 5 Nancy Glew (hereinafter "the applicants") are
the owners of the property located at 1135 Brown Road South within the City
of Orono (hereinafter "City") and legally described as follows:
Exhibit A, attached (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to
Municipal Zoning Code Section 10.03, Subdivision 15 (F) to permit the
construction of a detached garage within the street yard of their property
located 5' from the side lot line instead of 10' requiring a 5' or 508 side
setback variance, a variance to Municipal Zoning Code Section 10.28,
Subdivision 5 (B) to permit the location of the detached garage 16' from
the platted County right-of-way instead of the required 50' requiring a 34'
or 688 setback variance, and a variance to Section 10.03, Subdivision 9 (D)
as the detached garage would be located 34' in front of the front line of
the principal structure instead of being placed within line of the
principal structure or behind the front line of the principal structure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zo:,ing File 41317.
2. The property is located in the RR -1B Single Family Rural
Residential Zoning District requiring 2 acres of dry contiguous land.
The property is sewered and consists of approximately 11,000 s.f.
3. The Orono Planning Commission reviewed this application on August
15, 1988 and recommended approval of the proposed variances based upon
the following findings:
A) The unusual lie
shaped lot
and the limited area of
approximately 11,000
s.f.
B) Location of
the
house on the pie
shaped lot.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2488
C) Location of the mature trees within the side and front yards
of the property.
D) Need to preserve the existing curb cut to this severely
limited property.
E) Variations in elevation within front yard.
F) The detached structure will have no negative impact on the
property most affected by the placement of the garage because of
the topography and the fact that the house is located 60 to 70'
from the lot line.
4. The City Council has considered this application including the
findings and recommendations of the Planning Commission, reports by
City staff, comments by the applicants and the effect of the proposed
variances on the health, safety and welfare of the community.
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 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 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono
City Council hereby grants variances to Municipal Zoning Code Section
10.03, Subdivision 15 (F) that would permit the construction of a 7etached
garage located 5' from the side property line instead of 10' requir.'rg a 5'
or 508 variance, a variance to Section 10.28, Subdivision 5 (B) granting a
street setback variance for the detached garage located 1C• from the
platted County right-of-way instead of the required 50' requiring approval
of a 34' or 688 variance, and finally per Section 10.03, Subdivision 9 (D)
approves the location of the accessory structure 34' in front of the front
line of the principal structure instead of being placed at or behind the
front line of the principal structure, subject to the following conditions:
1. Upon application of a buildirg permit, the applicants must provide
design information on retaining wall and a grading and drainage plan.
2. The west
side
wall
of the garage must have no openings and mu 3t be
constructed
as a
fire
resistant wall.
Page 2 of 4
A
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2488
3. The applicants must notify
excavation of the west bank for
retaining wall construction.
the
neighbor
to
the west
prior to the
the
purpose
of
viewing
the proposed
4. Prior to the issuance of a building permit by the City of Orono,
the City must be in receipt of a letter from the Hennepin County
Department of Transportation approving the continued use of the turn-
around within the County right-of-way and existing fence being allowed
to remain.
5. The applicant shall not place any plantings within the County
right-of-way and special care shall be given to plantings w:thin the
street yard that may create view or sighting problems along the
roadway. Such plantings should not exceed a height of 3'.
6. Authorities granted with 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 these variances will expire on that date 'August
22, 19891.
7. 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.
8. The undersigned applicants have read, understood and hereby agree
to the terms of this resolution and on behalf of thimselves, their
heirs, successors and assigns, hereby agree to the recording of this
resolution in the chain of title of the property.
erty
Adopted by the Orono City Council on this 22nd day of August:,
n, City Clerk Jame R. GrabXkk.-Mayor
k1kMj �-fl CL-,Vl e�l ) (- A� -
Page 3 of 4
STATE OF MINNESOTA
COUNTY OF HENNEPIN
City of ORONO
ss.
RESOLUTION OF THE CITY COUNCIL
NO. 2438
On this (.V 44 day of k 1980
before mea Notary Public within a d fot said county, personally
appeared IlQ r'k "- Ii(l,Yia'-4 11 I h i./"�e
known to me to be the perso (s) describediChn d n and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
9 ?-ga
MY COMMISSION EXPIRES
On this day of , 198_, 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
MY COMMISSION EXPIRES
Page 4 of 4