HomeMy WebLinkAboutResolution 5524 Doc No 8907547 12/14/2006 08:02 AM o
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
TranslD 276600 Deputy 33
Fees
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A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 78-420(b)
FILE NO. 06-3226
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CITY of ORONO
RESOLUTION OF T�g CITY Z COUNCIL
`9kESI;04� NO.
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 78-420(b)
FILE NO. 06-3226
WHEREAS, Edward and Nancy Bierman, husband and wife, (hereinafter "the
applicants") are owners of the property located at 505 Ferndale Road North within the City of
Orono (hereinafter "City") and legally described as Lot 2 Block 1 Fairway View, Hennepin
County,Minnesota(hereinafter "the property"); and
WHEREAS, the applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-420 to allow a side setback of 21 feet
when 30 feet is required; and
WHEREAS, 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, 2006, at which times 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#06-3226.
2. The variance is requested for a house and attached garage that were
constructed in 1981. The side setback of the attached garage is 21 feet.
3. The property is zoned LR-1B and was so zoned in 1981. The required side
setback is 30 feet and was 30 feet in 1981. The building permit survey
indicates the side setback for the garage was to be 30 feet.
4. The Planning Commission reviewed this application on October 16, 2006 and
on a vote of 6 — 0 recommended approval of the setback variance, based on the
following findings:
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RESOLUTION OF THE CITY COUNCIL
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a. The house was constructed with a permit and proper inspections. There is
no indication in the file that there was any question about the location of
the side lot line. The applicants were not involved in construction of the
house. They purchased it six years after it was built with the expectation
that the house was conforming or legally non-conforming.
b. To bring the garage into conformance with the setback would require total
reconstruction of the three-car garage. Because of the angle between the
garage wing and main portion of the house, reconstruction of the adjacent
utility room would probably be necessary as well.
c. Allowing the garage to remain where it is would not be detrimental to the
surrounding properties. The house on the adjacent lot is over 180 feet from
the applicants' garage so the reduced setback is not readily apparent.
5. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments
by the applicants and the public, and the effect of the proposed variance on the
health, safety and welfare of the community.
6. 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 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 the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-420(b) to allow the existing house to
remain as constructed with a 21 foot setback for the attached garage, subject to the following
conditions:
1. Council approval is based on the survey submitted by the applicants, a copy of
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RESOLUTION OF THE CITY COUNCIL
���kESfI1c) NO. 5 5 2 ,
which is attached to this resolution as Exhibit A.
2. Authorities granted by this resolution run with the property not with the
applicants.
3. 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.
4. The undersigned applicants have read, understand and hereby agree to the
terms of this resolution and on behalf of the applicants and the applicants'
heirs, successors and assigns, hereby agree to the recording of this resolution in
the chain of title of the property.
Adopted by the Orono City Council on this 23rd day of October. 2006.
ATTEST:
Linda S. Vee,
/City Clerk Barbara A. Peterson, Mayor
Edward Bierm Nicy Bie
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on thisday of _,
2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation
and said instrument was executed on behalf of the
No ublic
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ELYN . YOUNG
Page 34 Puhhc-M1nnesota
7cs�rne� t�irirt�+WMea Jan 31,2110
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�9kES141D NO. 5 5 2 r
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on thisl�eday of 16f ,°z '
2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation
and said instrument was executed on behalf of the City.
<n RACHEL DODGE
NOTARY PUBLIC-MINNESOTA Notary Public
,4cV My Commission Expires Jan,31,2010
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this �l-7 day of ("� f e6� r , 2006 by
Edward Bierman,husband of Nancy Bierman.
P DENISE M. LESKINEN
NOTARY PUBLIC-MINNESOTA N8fary Public
My Commission Expires Jan.31,2010
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of �ri�c r-, 2006 by
Nancy Bierman, wife of Edward Bierman.
DENISE M. LESKINEN Notary Public
NOTARY PUBLIC MINNESOTA
My Commission Expires Jan.31,2010
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The undersigned,being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on October 23 , 2006, with the original thereof on
file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City,th -24th day of October , 2006.
City Clerk
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