HomeMy WebLinkAbout1989-09-25 Resolution 2712City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2712
A RESOLUTION GRANTING
AN AFTER -THE -FACT VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 12
FILE #1456
WHEREAS, Robert & Janet Emfield (hereinafter "the
applicants") are the owners of the property located at 2240 Devin
Lane within the City of Orono (hereinafter "City") and legally
described as follows:
Lot 5, Block 1, The Nursery, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for an
after -the -fact variance to Municipal Zoning Code Section 10.03,
Subdivision 12 to permit the construction of a detached garage
located 5.3' from the principal residence structure on the
property, where a 10' structure -to -structure setback is normally
required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1456.
2. The property is located in the RR-lB Single Family
Rural Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on September 18, 1989, and recommended approval of the
after -the -fact variance based upon the following findingst
A) The garage was constructed without the required
building permit, but inspections were made of the
garage during its construction while a permitted deck
was also being constructed on the property. The
property owners were riot advised until after the
construction was completed that a structure -to -
structure setback variance was necessary.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 271
B) The structure -to -structure setback requirement of
10' exists for a number of purposes, including
aesthetic and visual separation of structures,
maintenance of adequate emergency access around
structures, and adequate separation between buildings
for fire protection purposes. In this instance, the
primary and detached structures, being 5.3' apart can
be retrofitted with appropriate fire walls for fire
Protection purposes. The finish design and
architecture of the detached garage is identical to the
principal structure, hence the structures complement
each other. Finally, the 5.3' separation, while being
minimal, will allow non -vehicular access around both
the detached garage and the principal residence.
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 after -the -fact variance 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
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 one or, more of the findings noted above, the
Orono City Council hereby grants an after -the -fact variance to
Municipal Zoning Code Section 10.03, Subdivision 12 to permit the
construction of a detached garage located 5.3' from the principal
residence on the property where a 10' structure -to -structure
setback is normally required, subject to the following
conditions:
1. Applicants shall obtain a
the necessary modifications
fire separation standards per
inspector.
building permit and shall make
to the garage to meet minimum
the direction of the building
Page 2 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 271 '
2. Current and future homeowners are advised that the
detached garage and attached garage must remain structurally
detached from each other. Any future requests to attach the
two structures will first require obtaining a side setback
variance to the 30' minimum side setback req.iirements of the
RR-lB zone.
3. Authorities granted by 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 this
variance will expire on that date (September 25, 1990).
4. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning co3e, shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
5. 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.
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 25th day of September,
1989.
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i
STATE-nVI-14INNESOTA )
COUNTY OF HENNEPIN )
City of ORONO
ss.
RESOLUTION OF THE CITY COUNCIL
NO. 2712
The foregoing instrument was acknowledged before me on
this 25th day of September, 1989, by Edward J. Callahan Jr. &
Dorothy M. Hallin, Acting Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said Instrument was
executed on behalf of the City.
Notary Public L4E k, SCHITRER
_ ) MCIAn nALK - M1W450T1
HENNEPIN COUNTY _,
My Commissioni[�rfge
Page 4 of 5
(-0.-''ity of ORONO
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
RESOLUTION OF THE CITY COUNCIL
NO.
On this �
�JILI day of.
r
r 1982
before me a
Notary Public within and
or said county,
personally
appeared �—In
6;-)1 P l J
known
to me to be
the person(s')
_
described 6in and who executed the
foregoing
instrument,
and acknowledged that he
(they) executed
the game as
his (their)
free act and deed.
TME pU6uCl.MN EjgpYTA
1AA0 ap1UN0. p8A't
II'1 p0"r"�u
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTAR PUBLIC
MY COMMISSION EXPIRES
On this o?8 day of S 1981, before me
a otary Public within and for s id County, personally appeared
known to me to be the
person(s) described n and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
(.0 A
NOT RY PUBLI
1�►A��i� L►a►AAsor� O
NOWINN COUNTY
"j2 MY COMMISSION EXPIRES
Page 5 of 5
•r.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2712
STATE OF MINNESOTA )
:3s.
COUNTY OF HENNEPIN )
On this -'�. d day of or- , 198
before me a Notary Public within and for said county, personally
appeared 'Ead lei D. Ch; IdS Gnd Andrea. S. eh. / 4f
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.
�=2" 114 - ---
NOTARY PUB C
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this Jay 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