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Home My WebLink AboutResol 33726357257 CITY of ORONO RE SOLUTION OF THE CITY COUNCIL d))~~~ NO . 1i;> '" 11 /., HENNEPIN COUNTY TAXPAYER SERVICES A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE OCT 25 1994 SECTION 10.03, SUBDIVISION 9 (D) AND SECTION 10.28, SUBDIVISION 5 (B) co MINN . FILE NO. 1889 BY 05PUTY WtlEREAS, Rodney J. Batzlaff (hereinafter "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 constru ted 4 2' 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 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 #1889. 2. The property is located in the RR-lB Rural Residential Single Family Zoning District requiring two acres in area. The property consisis of approximately 14 ,824.25 s.f. or .34 acres . 3 . The Orono Planning Commission reviewed this application on November 15, 1993 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 property . Page 1 of 5 F0<m 5005 Disk Oro CITY of ORON O C. The proposed location of the garage in the street yard is consistent with the pattern of development for accessory structures within this neighborhood. D. The .34 acre parcel is required to be developed under two acre zoning standards. E. The proposed improvement does not exceed the lot coverage allowance for structural improvements proposed at 1,802.4 s .f. or 12.5%. 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 variances to Municipal Zoning Code Section 10.03, Subdivision 9 (D) and Section 10.28, Subdivision 5 (B), subject to the following conditions: 1. Prior to the footing inspection for the proposed detached garage in street yard , applicant shall relocate accessory shed in rear yard to meet required 10' side setback. 2. 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 residence to south. Page 2 of 5 Form SOOS OiskOro1 CITY of ORONO RES OLUT IO N OF THE CITY COUNC IL NO . 3 ~ ~;,I e"'_ 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 (December 13, 1994). 4 . Violation of or non-compliance with any of the terms and conditions of this resolution shali constitute a violation of the zoning code, shall automatically terminate any authority granted herein , and shall be punishable as a misdemeanor. 5 . The undersigned applicant has read, understands 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 held on the 13th day of December , 1993. P~r/?~ STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of December , 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 . Notary Public Page 3 of 5 f01115005 Disk Orono STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 ~ ~! .::~ . /J tl f /. ,/ On this ,:1 :.---day o · n Ctr , 199_, before me a Notary Public within and for said county, personally appeareci oJne. :J, l3cdzJci. f'-f rnarr/e/ known to me to be the person(s) described · and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. !.f,' DA S. FnE t·,G TAPY PUBLI C -MINNESOTA HHll'iEPIN COUNTY My com rr,iss lon expires 8-12-96 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC On this tj -11 1 day of ~h-l".--, 199 t-/ before me a Notary Public within and for said county' personanv peared (J -. ~ . ~ known to me to be the person(s) described in and who execute t '-"' oregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. JAMIE L. BOSMA NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Comm. Expires 12-19-97 Page 4 of 5 Form 500S Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ·s ~ r;., .:'."~ EXHIBIT A J\ l l t h u t p a r t o f G o v e r n m e n t L o t 6 , S e c t i o 11 1 O , To 1·rn s ll i p 1 1 7 , R a n g e 2 3 , d e - s c r i b e d a s f o l l o \>/ s : · l3 e g i· n n i n g a t a p o i 11 t o n t h e E a s t l i n e o f s il i d L o t G di st il n t 7 2 5 • 0 2 feet Sou t 11 of tile Nor t 11 east corner t 11 ere of ; thence 1-1 est iJ t right angles to suid East line, a distance of 250.72 feet, more or less. t o il n i n t e r s e c t i o n 1-J i t ll il l i 11 e d r c:n,n r> a r u l I e 1 1-1 i t 11 a n d d i s t a n t 2 1 6 . 6 9 f e e t tlortl1castcrly from tile center I ine of County Roucl No. !37; thence Southeust- e r 1 y il 1 o n g s a 1 d p a r a 1 1 e l 1 i n e a d i s t il n c e o f 4 7 . 9 5 f e e t ; t 11 e n c e d e f I e c t i n g left an angle of 39 degrees and 45 minutes ii distance of 234.2 feet, more or less, to tile center 1 ine of County Road No. 146; thence Northerly along last suid center line to the point of beginning, Hennepin County, Minnesota. Page 5 of 5 fomi 5005 Disk Orono STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION # f/B 3 t({ fJ 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 c:1 resolution of the Ci.ty 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 December 13 , 19 93 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 ____ 2_0~h , day of December , 19_9_3 __ , .. ' . ··-VI ' . v1 8X <jq r ~ ,A.,{ L S (!f!:; &)) -·sa,-·rci41 ·:i 1 c-"· .-... s ... ·--1:' ... ft_ -· -· · .:... : ._i nt, . .,!:. { c:. .. _t{ ~50CT9412 :15 A635?257 7t $4.50 $16 .00 ,... OFl=!::E CF COU~TY RECORDER HE IM PJN CCUtHY, MINNESOTA CGiTIFff.D Fil ED t.ND OR RE CORD1:0 ON J994 OCT 25 PM 12: I 2 6")J::'l'"'"r57 /,S GOCLiMtl\T ti ,J;) /~ tf?f:'~t.,., . CO.RECORDER r,r _____ ~~-OfPUTY REC FEE /~~ Co ·:J \-· ,-· .• . .,,-___.--l I 1-1::L: / ---------..... ..._._. ~ ~9;,.. U .S . OFF I C E S: DEN V ER, C O LORADO T EL 3 03 -893-1200 MIAMI, FL O RIDA TEL 305 -530-0050 WAB~IINGTO N, 0.C . T aL 202 -g62.-8100 POPHAM HAIK SCHNOBRI C H 8c KAUFMAN, LTD. SUITE 3300 222 SO U TH NINTH STREET M INNEAPOLI S , M I NNE S OTA 55402 TEL 6 12-333 -4800 FAX 6 1 2-33 4 -8888 CARRIE L. llAZELLA DIRECT DIAL (612) 334-2696 Novemb e r 28, 1994 \ INTER NATI ONAL O F FI CES : LEIP'ZtG, GERMANY TEL 0 114 9 -341-49 1 8429 STUTTGART, G E RMA NY TEL O I 149-7 I 1 -2 2363 Dorothy Hallin City of Orono P.O. Box 66 NOV ls 1994 (... _·' ·•·. Crystal Bay, MN 55323 Dear Ms. Hallin: Enclosed please find the following resolutions recorded in He nnepin County: 1. Resolution No. 3321 (file no. 1852), recorded as 6357258 on 10/25/94. 2. Resolution No. 3341 (file no. 1866), recorded as 6361456 on 6361456. 3. Resolution No. 3342 (file no. 1867), recorded as 6361458 on 11/4/94. 4. Resolution No. 3343 (file no. 1868), recorded as 6361454 on 6361454. 5. Resolution No. 3370 (file no. 1860), recorded as 6357259 on 10/25/94. 6. Resolution No. 3372 (file no . 1889), recorded as 6357257 on 10/25/94. 7. Resolution No. 3373 (file no. 1890), recorded as 6357256 on 10/25/94. 8. Resolution No. 3409 (file no. 1907), recorded as 6361457 on 11/4/94. If you have any questions or comm e nts regarding these documents, please feel free to contact me. 327/1407750& 11/28/94