HomeMy WebLinkAboutResolution 3914 CITY of ORONO
M�^�� �0 RESOLUTION OF THE CITY COUNCIL
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NO. 3 9 14
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 10
AND A VARIANCE TO SECTION 10.23, SUBDIVISION 6 (B),
AND SECTION 10.75, SUBDIVISION 4
FILE NO. 2182
WHEREAS, Herbert Terry Olson and Jane Olson (hereinafter the "applicants")
are owners of the property located at 3640 Bayside Road within the City of Orono (hereinafter
"City") and legally described as follows:
Lot 1, Block 1, Riedel Company Stubbs Bay Addition, Hennepin County,
Minnesota (hereinafter the "property"); and
WHEREAS, the applicants have applied to the City for a conditional use permit
per Municipal Code Section 10.03, Subdivision 10, and a variance from Section 10.23,
Subdivision 6 (B) and Section 10.75, Subdivision 4 to reconstruct a 27.2'x25.9' detached garage
on a through lot where a variance is required for an accessory structure front street setback of 9'
where a 50' 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 #2182.
2. The property is located in the LR-1A, One Family Lakeshore Residential Zoning
District where the minimum lot area requirement is 2 acres.
3. The Orono Planning Commission reviewed this application on May 19, 1997 and
recommended approval of the proposed variances based upon the following unique
findings and hardships:
TRANSFER ENTF_S-►;ED The existing garage is 9' from the property line.
HENNEPIN COUNTY TAXPAYER SE(ME8
OCT a 1994 Page 1 of 4
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b. The lot is considered both a corner lot and through lot that requires street
setbacks from Bayside Road, Stubbs Bay Road and Eileen Street.
4. The Council fmds 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 properties, 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 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 fmds that granting a conditional use permit to allow the
reconstruction of a garage will not be detrimental to the health, safety or general
welfare of the public, would not adversely affect light, air nor pose a fire hazard
or other danger to neighboring property, nor will its use depreciate surrounding
property values and that the proposed level of use of the property will be in
keeping with the intent and objectives of the Zoning Code and Comprehensive Plan
of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above fmdings, the Orono City Council hereby
grants variances and a conditional use permit to allow the garage to be reconstructed 9' from the
property line where 50' is required per Municipal Zoning Code Sections 10.03, Subdivision 10;
10.23, Subdivision 6 (B); and 10.75, Subdivision 4 to reconstruct a 27.2'x25.9' detached garage
on a through lot, subject to the following conditions:
1. Authorities granted by this resolution run with the property not with the owners,
but are permissive only and must be exercised by application for a building permit
within one year of the date of Council's approval, or the special conditions of this
resolution will expire on that date (June 9, 1998).
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.
Page 2 of 4
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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 9th day of June, 1997.
ATTEST:
yeZLEeeze.' Ilki. ....._11...-
orothy/ 1)64.41llin, City Clerk Gabn-1 Jabbour, Mayor
bRA-t.....rativ,-,-- 0..,------- 4'2'1. Qi:4"1
Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 9th day of June,
1997 by Gabriel Jabbour 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.
',)rn .
- .. LINDA S.VEE
s 1.e._, 7/ /7,24--
a :•r3w. .�.� NOTARY PUBLIC-MINNESOTA 1 Notary Public
y q.. .),-.-...i,.. HENNEPIN COUNTY
My Commission Expires Jan.31,2000
Page 3 of 4
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, ��,�_ CITYof ORONO
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tlirzsu04�' NO. 3 9 14
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 31.--d day of J a 4 , 199 7 , before me a Notary Public /
within and for said County, personally/appeared WE/her?, prey 6/50,' 4- Larne Q/so'i Aar/`e/
known to me to be the person(s) described in and who executed the foregoing instrument , and
acknowledged that he (the - . , - the same as his (their) free act and deed.
(<.,--•-:, ' UNDA S.VEE J ��-�
PUBLIC-towtsOU G-1 Z Ism
i ► +NE%N No Public
Expires Jan.s1.2oo� ; ry
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 act and deed.
Notary Public
Page 4 of 4
RESOLUTION # 3 9 1 4 -
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Dorothy M. Hahn, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compared tho dforegoing of such resoluytionn inf a resolution
Minutes of the
Council of the City of Orono with the original r
proceedings of said City Council at a 19 9 7 ting and ofsaid
the same is aotruell held on
and correct
June 9
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 11
day of
June , 1997
I
4La-6€4;
l(- /Dor thy M. a ' , City Clerk
(SEAL)
2849561
• REGISTERED VOL /713 _
PAGE lra 5 G ?/
Copy
OFFICE OF THE REGISTRAk
OF TITLES
HENNEPIN COUNTY,MINNESOTA
CERTIFIED FILED ON
OCT 81997
REGISTRAR
CJ► 3F TITLES
BY
DEPUTY