HomeMy WebLinkAbout#1824 Recorded Resolution 32886113007
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. __ ;_~_b_,_f,_.~ __ _
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDMSION 9 (B)
FILE #1824
\-VHEREAS, Eric and Shelly Liljequist (hereinafter "the applicants") are owners
of the property located at 3490 Birch Lane within the City of Orono (hereinafter "City") and
legally described as follows:
Lot 2, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the property");
and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.03, Subdivision 9 (B) to permit the construction of a 24'x24' detached
garage to be located 15' from the street line instead of 30' as required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1824.
2. The property is located in the LR-lC Zoning District requiring ½ acre in area.
The property consists of 13,894 s.f. or .32 acres.
3. The Orono Planning Commission reviewed this application on May 17, 1993, and
recommended approval of the variance as proposed based on the following
findings:
A. The limited right-of-way of Birch Lane at 20' and the substandard
setbacks of structures of the older residential development has created
unique ingress and egress problems.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
B. The former detached garage was located 1 '2" from the side lot line and
the new structure will be located 10'.
C. The proposed improvement will result in a reduction of hardcover.
D·; If garage was placed parallel to street meeting the 10' side and street
setback, a large maple tree would have to be removed.
E. If proposed garage was to meet the 30' street setback, the 10' separation
setback between principal structure and detached structure could not be
met.
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 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.
5. 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (B) to permit the
construction of a 24'x24' detached garage within the street yard of the lakeshore lot to be located
15' from the street lot line instead of the required 30', subject to the following conditions:
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I V ••
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CITY of ORONO
RESOLUTION OF TIIE CITY COUNCIL
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NO. ('J/ r, u .,,
1. Authorities granted by this variance 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 (June 14, 1994).
2. 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.
3. 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 Orono City Council on this 14th day of June, 1993.
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Form 500 5 Disk Orono
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
Q !'if! 0 0 NO. Q,i) <'.., ( 1 ,,,
The foregoing instrument was acknowledged before me on this 14th day of June,
1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
CAROLE A. HASEMAN
NOTARY PU8LIO-MINNESOTA
HENNEPIN COUNTY
MY COMMISSION EXPIRES 8-23-S8
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form5005 Disk Orono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.-"-'"----'=-.:"'-""'""'----
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this I'/ ffi day of ._:f lU1t., , 199 3 before me a Notary
Public within and for said county, personally appeared f: r/cJ, L; lJ 'fi.ui'sf te11ti She I (f £ L ;·lje f; 5f, 01 a,-,; e d known to me to be the person(s) desc 'bed in and who exe uted
the foregog instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
LINDA S. VEE
NOTARY PUBLIC • MINNESOTA
HENNEPIN COUNTY
My comrr,ission expires 8-12-96
STATE OF MINNESOTA )
NOTARY PUBLIC
) ss.
COUNTY OF HENNEPIN )
On this _______ day of __________ , 199_ 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
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RESOLUTION#
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County , Minnesota , do hereby cert j_ f y that I have comp a r e d the
for e·g o in g copy of a res o 1 u ti on of the City Co u n c i 1 of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on June 14 , 1993 and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto se·t my hand and seal this
17th , day of June , 19 93 ---
allin, City Clerk
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