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Home My WebLink About#1859 Recorded Resolution 33386180986. CITY of ORONO RESOLUTION OF THE CITY COUNCIL ..;;::,, (:) c:, ,,, NO. u ~::) c:.: ' . .) A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (B) FILE NO. 1859 WHEREAS, Jeffrey D. Mueller (hereinafter "the applicant") is the owner of the property located at 222 Bederwood Drive within the City of Orono and legally described as follows: Lots 30 and 33, and Lot 35 except the north 6' thereof, Auditor's Subdivision No. 203, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (B) to permit the total reconstruction of a detached garage to be placed in front of the front line of the principal structure on the property where the code would require that the structure be placed at or behind the front line of the principal structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,· Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1859. 2. The property is located in the LR-lA Lakeshore Residential Zoning District requiring two acres in area. The property consists of approximately 37,794 s.f. or . 79 acre in area. 3. The Orono Planning Commission reviewed this application on September 20, 1993 and recommended approval of the proposed variance based upon the following hardships and unique findings: A. The existing house is located to the rear of the long, narrow lot. B. The elevations to the east of the property are steeper and to relocate a garage to the rear would require major land alterations and result in an increase in hardcover. Page 1 of 4 form SOOS Disk Orono I; ,. ,. i. •' t', .. ~ CITY of ORONO RESOLUTION OF THE CITY COUNCIL C. Placement of the garage within the hill minimizes the impact of the structure within the street yard. D. The City has received no negative comments from adjacent property owners. 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 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. 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 findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (B) to permit the reconstruction of a detached garage within the street yard of the property to be placed in front of the front line of the residence structure where no such encroachment is allowed, subject to the following conditions: 1. Priot to City issuing a building permit for construction, applicant shall apply for the legal combination of Lot 30, Lot 33 and Lot 35 except the north 6 feet thereof, Auditor's Subdivision No. 203, Hennepin County, Minnesota. 2. 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 (October 11, 1994). Page 2 of 4 fofm5005 Disk Orono 3. 4. CITY of ORONO RESOLUTION OF THE CITY COUNCIL 6j) 0 () NO. ii]) QI:_) 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. The undersigned applicant has read, understood and hereby agrees to the terms . of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees 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 1993. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of October, 1993 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. e CAROLE A. HASEMAN NOTARY PUBLlc--MINNESOTA HENNEPIN COUNTY MY COMIAISSION EXPIRES 8-23-913 Notary Public Page 3 of 4 F01m5005 Oi skOfono , . ,. '.-' CITY of ORONO RESOLUTION OF THE CITY COUNCIL STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this / 3:ill day of Uc /o 6.e, , 199 3 , before me a Notary Public withinandforsaidCounty, personally appeared 5 e +:-Frt>& b.~ //er. ma r,,·e/ known to me to be the person(s) described in and who ex "cuted the foregoing instrument, and acknowledged that he the same as his (their) free act and deed. ~,,/(~ STATE OF MINNESOTA ) ) 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 ad and deed. · Notary Public Page 4 of 4 Form 5005 Disk Orono t. l .. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN )· ) CITY OF ORONO ) RESOLUTION# (ti) q) • ·.1-) ~ tJ) cH.: I Dorothy M. Hallin, City ·Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared 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 October 11 , 1993 and that the same is a true and correct copy of sai~ resolutio~ was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto sat my hand and seal this 14th , day of October , 19_9_3 __ 'rn. allin, City Clerk ;r. ~ t. .. r:; '· > ; 'j ,-, ~\ i ~ ' ,, ' ~-, ~ ~ en ~ ~~ ::0 ' . n, g e_o -u c::: ::O rt, c-, • -< ~' ' . ' . L (...:, <...J ·- ' 0 ! '. ., ~ LJi-1 u :.;:i: ~)• z. N u .. n w ::0 N ' ' ' _-<-I '.-C i-;:.-·, V::0 0 _.,..., :p,::O .... 00 zz CJ CJ cc '-J:I ~.i:, WW ......... ~-i,. 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