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Home My WebLink AboutResolution 3932 O O CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL �9kzsl4o NO. 3932 a A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 1.0.03, SUBDIVISION 6 (A & B) AND SECTION 10.25, SUBDIVISION 9 (D) Box A-iq I FILE 42254 WHEREAS, Curtis Palmer and Barbara Palmer (hereinafter "the applicants") are owners of the property located at 2710 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 12 and 13, Block 3, Casco Heights, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance from Municipal Zoning Code Section 10.03, Subdivision 6 (A & B) and Section 10.25, Subdivision 9 (D) to allow bulk to be added to a non-conforming accessory structure located in a required front yard. Variances for adding bulk (16'x5'9") to a non-conforming accessory structure located in a required front yard and in front of a principal residence is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2254. 2. The property is located in the LR-1C, where the minimum lot area requirement is 1/2 acre. 3. The Orono Planning Commission reviewed this application on July 21, 1997, and recommended approval (5-1) of the proposed variances based upon the following findings and hardships: Page 1 of 4 O O O CITY of ORONO � ti RESOLUTION OF THE CITY COUNCIL SH04NO. 3932 A. The lot does not conform to minimum lot area or front yard setbacks. B. There is steep topography in the front yard. C. The existing garage is non-conforming due to its location in the required front yard between the street and principal residence. 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 applicants 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 add bulk (I"x519") to an existing non-conforming accessory structure per Municipal Zoning Code Section 10.03, Subdivision 6 (A & B) and Section 10.25, Subdivision 9 (D) to permit additional floor space to be added on the street side of an existing garage, subject to the following conditions: 1. The additional space will be used for a workshop and storage and will not be used as living space. No plumbing hook-ups will be allowed in the garage. 2. 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 (July 28, 1998). Page 2 of 4 �O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL \�9k 04�� NO. 3932 3. 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. 4. 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 28th day of July, 1997. i . Korothy Allin, City Clerk �iel Jabbour, M or l Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HE-NNEPILN ) The foregoing instrument was acknowledged before me on this 28th day of July, 1997, by Gabriel Jabbour & 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. I PP Q-._ CAROLE A.HASEMAN NOTARY PUBLIC-MINNESOTAHENNEPINCOUNTYMy Commission Expires Jan.31,2000 Notary Public Page 3 of 4 O O b CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL �4k.es 0 NO. .g 9 22 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this ,(^ a day of ! , 199 i , before me a Notary Public within and for said County, personally appeared f�"1" Y i, i I , . d 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. CAROLE A.HASEMAN01r" t (e ,l� NOTARY PUBLIC-MINNESOTA Nota Public HENNEPIN COUNTY Notary �? =• My Commission Expires Jan,31,2n00 STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) On this /0 4�6 day of �e jv 6 Pi' 199 , before me a Notary Public within and for said County, personally appeared 'e d/ 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 '• LINDA&VEE NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY -- My Commission Expires Jan.31,2000 Page 4 of 4 RESOLUTION # 3 9 3 2 STATE OF MINNESOTA COUNTY OF HENNEPIN73 !" CITY OF ORONO ) I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, 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 Jaid 2 iry Council at a 19 97, and ofing said the same is aotruell held on and correct July , 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 29th , day of Jul , 19 97 orothy M. a , City Clerk ., JJ t 0808380 120W 8=54 SCO x4.54 12NOU97 8:54 NSD $10.44 12NOV97 8:54 C. , DOC $16.00 t i c 6808380 ry