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Home My WebLink About#2141 Recorded Resolution 37346621162 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 7 34 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 6 (D) FILE NO. 2141 WHEREAS, Roberta Jean Roth (hereinafter "the applicant") is the owner of the property located at 1251 Briar Street within the City of Orono (hereinafter "the City") a.11Cl legally described as follows: Lot 1 and no1ih half of Lot 2, Block 3, Crystal Bay Minnetonka, 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 6 (D) to permit construction of a 16' x 20' detached garage to be located 2' from the side street line instead of the required 1 O'. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2141. 2. The property is located in the RR-lB Single Family Rural Residential Zoning District requiring two acres in area. The prope1iy con:_;ists of 10,500 s.f. 3. The prope1iy is also located within 500' of a natural envirom11ent lake, French Lake. The property is subject to hardcover and setback regulations for properties located within 500-1,000' of the shoreline of protected lake. 4. The Orono Planning Commission reviev,1ed this application on June 17, 1996 and recommended unanimous approval of the proposed variance based upon the following unique findings and hardships: Page 1 of 5 TFiANSFER ENTERED HENNEPIN COUNTY TAXl'AYEf! SEAVIC!S AUG 15 1996 ~lffl~Cl~'!N"'"'' MINN. ~~~~:,;;;,_-/--DEPUTY CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 8 4 A. The garage will be located adjacent to an unimproved dead end right-of- way not maintained by City. B. The section of unimproved roadway cu1Tently serves as a shared drive for C. To piace the strncture and access drive funhcr south in rca,: yard to meet required 1 O' setback would result in the loss of mature trees. D. It is the applicant's desire to preserve as much of their limited grassed yard as possible. E. The strncture will have no visual impact upon the surrounding properties. F. The residence to the south is located 60+' from the proposed garage. G. The property is not served by a garage. 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 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 s1_:bst2.ntiHl property right of the applicant; and would be in kc1 ;ping with the spirit and intent of the Zoning Code and Comprehensive Plan ,)f the City. 6. 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 CITY of ORONO RESOLUTION OF THE CITY COUNCIL tS 734 NO. ___________ _ CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above unique findings and hardships, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision t; (T)\ '-r-,.,,, .. r,,,;t tl~n ron"tn,,,tinn nf' ::l 1 h' V '){)' ,,;nn·];.,. d'-111 cla-t:10h,,,-l :-,cn·arr" ,,,;+1~;,. th,., •--~~~ V"~d ·-\...._.,;} t, .. i_,._.j_ ...... ,.l. ,.._._J_,_, • ..,_:.,_.;.,.!' .:.. .. ~\,,., ..... _. ....... ~!. ,., ...,, •. , .. "-... r -•-· . .-1. ... b.\. ...... '"';.(,.,t ... 1o. L---.. .: .... --1. .... ~l-~, ... .1. b\..' ~,.J.t..lJ.. .... l. .. LJ...1.V 1:...,al ;-'"'-.l of the property granting an 8' or 80% side street setback variance, subject to the following conditions: 1. Prior to the City issuing a building permit for construction of garage, applicant shall have applied for the legal combination of Lot 1 and the north half of Lot 2, Block 3, Crystal Bay Minnetonka. 2. Authorities granted by this variance run with the prope1ty 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 (June 24, 1997). 3. 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. 4. The undersigned applicant has read, understood and hereby agrees to the tem1s of this resolution and on behalf of herself, her heirs. successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 34 of the City of Orono, Minnesota at a regular The foregoing instrnment was acknowledged before me on this 24th day of June, 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 L. BOSMA NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2000 Page 4 of 5 I I I ", STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. !3 7 3 4 On this ~') t..l ·f-1' __ day o:' (bLx_~--, 199 _h before me a Notary Public within and for said couuty, personally ~ppeared ~~ /J,--;f?#, r ~""/J-,_;,_..,.,/; _ known to~me to be the person(s) ~in and who €xecuted -----------the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. .. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN) On this: _________ day of--------·-·-·__ _ ___ , 1 ()9_ ____ 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 Page 5 of 5 •' ' ~ t ..... ' STATE OF !vfINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) ' , ' RESOLUTION # 8 7 3 4 ' ·-"..--' . I, Dorothy M . Hallin, City Clerk of the City of Orono, Hennepin Coumy, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council 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 2 4 , 199...6_, and that the .same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 27th -------day of June , 19 ..2...§._ j' • ft,, ' . --:J -Y ,1J) r 7 111 JJ:h i<i[ 6621162 t si:;:J.~3610 -i S D.S:-21162 :::C.O I-4 .50 l 5~UG96 10=16 06621162 o □c f l6 J( ~ ·~ ""t .. " ·-... crF l(.f OF CCI.Jli ,Y R!:CCP O[R i-:rn•n·:~I COUNi "f, ~\,S',[~OTA Ci:Ri !:l E:i FIL:O t.'l:l OR Rf CORDED ON 96 nuc Is ~H 10: 1 s · ~ ~~w-1an 11 6-621.162 ,, ) (?--.,_ /, ~ -- (, :. •f·'"-t' 'i:--"'·" CO . RECORDCR ____ • ., ITY RcC F~~ /:£"·---- CO:PY IF~~ Ir OD =