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Home My WebLink AboutResol 34386311018 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 4 3 8 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (D) AND SECTION 10.28, SUBDIVISION 5 (B) FILE NO. 1928 WHEREAS, Suzanne K. Wacker (herei..riafter "the applicant") is the owner of the property located at 1115 Brown Road South within the City of Orono (hereinafter "the City") and legally described as follows: refer to Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to allow a detached garage to be constructed 40 ' in front of the front line of the principal structure, and a variance to Section 10.28, Subdivision 5 (B) that would allow the structure to be placed 23 .1' from the front street lot line instead of the required 50 '. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File # 1928 . 2 . The property is located in the RR-lB Rural Residential Single Family Zoning District requiring two acres in area. The property consists of approximately 14 ,824.25 s.f. or .38 acres. 3. The Orono Planning Commission reviewed this application on May 16, 1994 and recommended approval of the proposed variances based upon the following hardships and unique findings: A. The unique shape of the lot prevents structure from being placed adjacent to principal structure. B. Insufficient width to allow an access drive to rear of property without requiring the removal of the only mature trees on the property. Page 1 of 4 Form 5005 Disk Oron r I CITY of ORON O RESOLUTION OF THE CITY COUNC IL NO. 3 4 3 8 C. Proposed location of the garage in the street yard is consistent with the pattern of development for accessory structures within this neighborhood. D. The .38 parcel is required to be developed under two acre zomng standards. E . The proposed improvement does not exceed the lot coverage allowance for structural improvements proposed at 1882.4 s.f. or 12 .6 % where 15 % is allowed. 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 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 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 .A..ND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 9 (D) and Section 10.28 , Subdivision 5 (B), subject to the following conditions: 1. At the time of the final inspection for the proposed detached garage in the street yard, the applicant shall obtain a demolition permit for the removal of the accessory shed in the rear yard. 2 . The proposed detached garage shall meet the required 10' side yard setback and applicant shall provide natural plantings along south side of structure to minimize impact upon residents to south. Applicant shall provide a planting schedule upon application for building permit. Page 2 of 4 form 5005 DiskOrom . . CITY of ORONO RE SOLUTION OF THE CITY COUNCIL NO. 3 4 3 8 -" 3 . 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 (June , 13 , 1995). 4 . Violation of or non-compliance with any of the terms and conditions or tm s resolution shall constitute a violation of the zoning code , shall automaticall y terminate any authority granted herein , and shall be punishabl e a s a mi sdemeanor . 5 . The undersigned applicant has read , understands and hereby agrees to the terms of this resolution and on behalf of herself, her heirs , successors and assigns , hereb y agrees to the recording of this resolution in the Chain of Title of the property. Adopted b y the City Council of the City of Orono , Minnesota at a r egular meeting held on the 13th da y of June , 1994 . Edwar J. Callahan , Jr., ayor Gabr ·e1 Jabbour, Acting Mayor Lb,;c~~--1 ___ _ STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) The foreooing instrument was acknowledged before me on this 13th day of June , 1994 b y E~d" :j~€aJlfila.R?W. and Dorothy M . Halli~CM~ ~e~ty Clerk of the City of Orono , a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. VEE NOTARY PUBLIC -MINNESOTA HE.NNEPIN COUNTY My comrr,issi :::-n expires 8-12-96 ;, Page 3 of 4 Form 5005 Disk Oroni ..... ' ST A TE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss . CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 4 3 8 On this , 3-tn day of ...J lA. n e_ , 199 t_j__, before me a Notary Public within and for said County, personally appeared )u:z a. nM .. K. ll'Ctc t e, ./-b&1..1 :~1 wli ·1'h€jJ ~-n rno...rr;·"( known to me to be the person(s) described in and who executed the foregoing instrument , and ~\: "'vnE'.• acknowledged that he (they) executed the same as his (their) free act and deed . poS-erf.. LINDA S . VEE NOTA IW PUBLiC -MINNESOTA HENN EPIN COUNTY My comrr,isslon expires B-12-96 ST A TE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) N ~ j{}µ_ 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 TRANSFER ENTERED HENNEPIN COUNTY TAXl'"AYEr~ SERVICE$ Page 4 of 4 Form5005 OiskOron STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION # ~ 4 3 8 I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin C o u n t y , ,-! i n r~ ~ s o t a , d o h e r e b y c e r t i f y t h a t I h a v e c o m p a r e d t h e foregoing copy of a resolution of the City Council of the Cit y 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 13 , 1994 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 14th , day of June , 19 94 -------- (SEAL) .-_-.:.(-= :-·-: · .. -· -. - EXHIBIT A 1\ l l t h a t p ~ r t o f G o v e r ;; m e; n t L o t 6 , S e c t i o n 1 0 , Tc \'! n s h i p 1 1 7 , R J n g e 2 3 , d e - s c r i b e d u s f o l l o "' s : · O e g i· n n i n g 1! t u p o i 11 t o n t 11 e E cJ s t 1 i n e o f s u i d L o t G dlstunt 725.02 feet S0utl1 of the Nortl1east corner thereof; thence \·lest ut right ungles to s<1icJ E<1st line, cJ distance of 258.72 feet, more or less. to <1 n l n terse c ti on 1-d t 11 a 1 i n e cJ r <11-rn f) a r a 1 1 e l 1-li t 11 <1 n d d i stunt 2 1 6 . 6 9 feet Nortl1eusterly from the center I ine of County Roucl No. 87; thence Southeust- erly ulong suld purullel line u dist<1nce of 47.95 feet; thence deflecting left <1n <1ngle of 39 degrees <111d 45 minutes a distance of 234.2 feet, more or I es s , to t 11 e center 1 i n e of County Ro u d No . 1 4 6 ; t 11 enc e Nor t 11 er 1 y a I on g last said center line to the point of beginning, Hennepin County, Minnesota . , .. ... \ f3X.<-(Of(-M LS f)dl~-,r/2. 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