HomeMy WebLinkAbout#04-3011 Recorded Resolution 5176,.
SC ANN ED
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
SS!1ij NO. ______ _
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 78-395 SUBDIVISION B
AND SECTION 78-1435
FILE NO. 04-3011
WHEREAS, Thad Douglas Steele and Danielle Rae Steele, husband and
wife (hereinafter "the applicants") are the owners of the property located at 4050 Bayside
Road within the City of Orono (hereinafter the "City") and legally described as follows:
Lot 2, Block 1, Popov Addition, 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 78-395 Subdivision B to allow a
detached garage to be located 75' from the front lot line where a 100' setback is required;
and
WHEREAS, the applicants have made application to the City of Orono
for a variance to Orono Municipal Zoning Code Section 78-143 5 to allow a detached
accessory structure to be located nearer to the front lot line than the principal strncture.
No,v, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #04-3011.
2. The property is located in the RR-IA Zoning District, which requires a
minimum lot area of 5 acres and minimum lot width of 300'. The
property is 12.7 acres in area and has a lot width of 500'+.
3. The Planning Commission reviewed this application at a public hearing
held on May 17, 2004 and recommended approval of the variance based
on the following findings:
Metro Legnl Services Inc.
Box 491
Page 1 of 4 .
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5J li 1 (f]
a. The location of the proposed detached garage far removed from the
developed portion of adjoining large-lot properties is such that the
garage will have little or no visual impact on the adjacent prope1iies or
from Bayside Road.
b. Existing vegetation will screen the garage from neighboring properties
in all seasons.
4. 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.
5. The City Council finds that the conditions existing on this property are
peculiar to it and do not apply generally to other prope1iy 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 above findings, the Orono City Council hereby
grants a variance to Orono Municipal Zoning Code Section 78-395 Subdivision B to
allow construction of a detached garage 75' from the front lot line where a 100' setback
is required, and a variance to Orono Municipal Zoning Code Section 78-1435 to allow a
detached garage to be constructed closer to the front property line than the principal
structure subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicants and
annotated by City staff, attached to this Resolution as Exhibit A. Any
amendments to the site plan which are not in conformity with City codes will
require further Planning Commission and City Council review.
2. Authorities granted by this resolution run with the property not with the
applicants, but are permissive only and must be exercised by obtaining a building
Page 2 of 4
I
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 li
permit for the new construction within one year of the date of Council approval,
or the variance will expire on that date (May 24, 2005).
3. Violation of or non-compliance with any of the tenns 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, understood 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.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 24 th day of May,
2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
KRI STI 8. AN !E .~OM ~~
NCIJ~l ~UP 1j \' -h, ~ .. ~t~p\,.,., ::{
'M'y C&~ :.._,J Exp,\I ~, J~ •_• ,' J _ • :,,·,
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Notarytl
Page 3 of 4
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 li 1
The foregoing instrument was acknowledged before me on this 2 M ay of
ft)~ , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
1
_ ~~~~¼~~tj~MI?-~,->a:~ instrument was executed on behalf of the City.
1:l ,~ ) RACH EL DO DG E :' ◊) ( · NOTARY PUBLIC • MIN t 'COTA '! , I() . ~L~«~:~o;;~~o; ~t~:~a~-~:=.7-:~ ~µ__Y_ Q OD L F =~· Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this '.?O day of ....::::,~U::...:l'\.JL.---=::::::__-' 2004
by Thad Douglas Steele, husband of Danielle Rae Steele.
DE NI SE M. LESKIN EN
NOTARY PUBLIC. MIN NES OT A '
My Commiss ion Expires Jan. 31, 20C5
INNESOTA
CQUNTY OF HENNEPIN
(~~
Notary Public
This instrument was acknowledged before· me this 2,/s~ay of ~/'--L-, 2004
by Danielle Rae Steele, wife of Thad Douglas Steele .
.• ---~· t ~-ii?S:112 22201.; = e z:~:;,-.l_
'-, RACHEL DODGE ·:
''l \ / NOTARY PUBLIC -M INN ESOTA ~
· My Commission Expires Jan. 31, 2005 ~
. -~-~--~::C~~:? :o!
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Notary Public .
Page 4 of 4
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CERTIFICATE OF SURVEY FOR
DANIELLE STEELE
OF LOT 2, BLOCK 1, POPOV ADDITION
HENNEPIN COUNTY, MINNESOTA
LF.:f.At. 0ESOU"IJl()N or PA£Vl5(S:
lol 2. Aloe~ '· POPOV At,omON
Th,, ,u,v,y 1hows U,1!: bour'ldarie• nl the obo1te duetibed property,
lhe loc:c:1lior, of oti ,:1i51ing hoon, •nl nnd qravel O'lvewoy lheraor,,
011,J 1hr: ptl)f.•o~ed locollo" c:1t n ptopas"rt ~ore boin. II docs nol
ou,potl lo shoH cwt olhu lmp,-ovn"anh nr enetoncM'le"ls.
,,o : t•isli"q cor,lallf r,iim ~or,a Clly
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0eOfinqs ~ho"n nra bouti vo~n m auum11d doh.m
GRONBERG & ASSOCIATES, INC •..
,r-1-t--•X_.,,._ CML ENGINEERS, LANO SURVEYORS, LAND PLANNERS
445 N. WILLOW DRIVE LONG LAKE. MN 55356
PHONE: 952-473-4141 FAX: 952-473-4435
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