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Home My WebLink About1996-05-13 Resolution 3723CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 7,2,3 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (D) AND SECTION 10.28, SUBDIVISION 5 (B) FILE NO. 2124 WHEREAS, John P. Earling (hereinafter "the applicant") is the owner of the property located at 2165 Colin Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block 2, Kelley Green, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit construction of a detached garage to be constructed in front of the front line of the residence where the Code would require placement at the front line or behind residence structure. The structure will be located 12' from an unimproved road outlot where Code would require 50'. Mii►nesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2124. 2. The property is located in the RR -1B, Single Family Rural Residential Zoning District requiring two acres in area. The property consists of two -plus acres. 3. The Orono Planning Commission reviewed this application on April 15, 1996 and recommended approval of the variances as proposed based upon the follow',ig unique findings and hardships: Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 379-3 A. The location of the well at the east side of the detached garage, location of mature plantings within east yard and sloping topography prohibit installation of a third stall. B. Sloping topography to west and south restrict placement in west side yard and south rear yard. C. The location of plantings and sloping topography in northwest front yard minimizes visual impact of 15' - 16' high structure upon residence to immediate north. D. 18' x 30' detached garage will be constructed of the same exterior material used in principal structure. E. The City has received no negative comments from residents within the Kelley Green subdivision nor of residential property owners to west of the property. 4. 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 z. -.ung 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. S. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 10 /O O CITY of ORONO RESOLUTION OF HE CITY COUNCIL �k 4 NO. .723 �t Eexo w� CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings and hardships, the Orono City Council hereby grants a 38' setback variance per Municipal Zoning Code Section 10.28. Subdivision 5 (B) and per Section 10.03, Subd. 9 (D) approves the placement of the detached structure within the front/street yard 48' in front of the front line of the residence, subject to the following conditions: Applicant to provide an amended survey locating detached structure 12' from unimproved extension road outlot. All overhangs or other structural improvements attached to the structure shall meet approved 12' setback. 2. Applicant to provide a planting schedule upon application for building permit specifying location and type of evergreen to be planted along north and west side of structure. 3. Authorities granted by this variance 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 expire on that date (May 13, 1997). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned arplicant has read, understood and hereby agrees to the terms of this resolution .md on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution ir. the Chain of Title of the property. Page 3 of 5 I `STATE OF MINNESOTA 004 r'�ESH0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 372 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of May, 1996. ss. COUNTY OF HENNEPIN Edward J. Call an, Jr., Mayor The foregoin6 instrument was acknowledged before me on this 13th day of May, 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. JAMIE I.. 80SMA Notary Public • N01 NmESO1A Mp Ca+�ssb� �Mlti�>11.1000 Page 4 of 5 STATE OF MINNESOTA ss. COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. t$7:e3 On this .,'1I, day of 199 , before me a Notary Public within and for said County, personally appeared \N t.. r ` Z" IL j L yti LA 1 � , --cam 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. tn�-------------- JAMIE L BOSMA NOTARYR*JC-M W50TA r HENNINN COUNTY ` r rrMY �COMMISSIM Expires Jan. 91, 20M ' •,-.- ��,. Notary Public STATE OF MINNESOTA :S's COUNTY OF HENNEPIN On this / day of _ j i i t , 199 f-• , before me a Notary Public within and for said County, personally appeared / t < r ! ; � , (' t ( ( ; Q known to me to be the person(s) descrilied in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Fe lwsilval Not ry Public ' Page 5 of 5