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Home My WebLink AboutResol 31385958836 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3138 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (D) / SECTION 10.03, SUBDIVISION 15 (F) AND SECTION 10.28, SUBDIVISION 5 (B)I/' FILE f l7t11 WHEREAS, Rodney J. Batzlaff and Shanon K. Batzlaff (hereinafter "the applicants") are owners of the property located ,at 1115 Brown Road South within the City of Orono (hereinafter "City") and legally described as follows: Refer to Exhibit A attached. (hereinafter "the property")i and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to allow a detached garage to be constructed 42' in front of the front line of the principal structure, a variance to Section 10.03, Subdivision 15 (F) that would allow the detached structure to be placed 8' from the side lot line instead of the required 10' and a variance to Section 10.38, Subdivision 5 (B) to allow the structure to be placed 23.1' from front/street lot line instead of the required 5Q I • NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1741. 2. The property is located in the RR-lB Rural Residential Single Family Zoning District requiring 2 acres in area . The property consists of approximately 14,824.25 s.f. or .34 acres. :·;1n.1•,~ TRANSFER !:NTERli> '\y DEPT . OF PROPERTY TAX & PU BLIC RECORDS . AUG 21 1992 BY+"1> Ml~~¥ Page 1 of 5 CITY of ORONO RESOLUTION OF THE C I TY COUNCIL NO. 313 8 3. The Orono Planning Commission reviewed this application on June 15, 1992 and recommended approval of the proposed variances based upon the following hardships and findings: a. The shape of the lot prevents structure from being placed adjacent to principal structure. b. Insufficient barrier to allow an access drive to rear of property without requiring the removal of the only mature trees on property. 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 2 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 12.15%. 4. The City Council finds that the conditions existing on this property are pe cu 1 ia r to it and do not app 1 y genera 11 y 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. Page 2 of 5 ' ' CITY of ORONO R ESO LUTI ON O F THE C ITY COUNC I L NO. 31 38 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 variances to Municipal Zoning Code Sections 10.03, Subdivision 9 (D), Section 10.03, Subdivision 15 (F) 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, applicants shall relocate accessory shed in rear yard to required 10' side setback. 2 . 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 (July 13, 1993). 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 appl i cants 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 . Page 3 of 5 ·'·. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 13 8 Adopted by the Orono City Council on this 13th day of July, 1992. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ~~ri Barbara A. Peterson, Mayor xi1J.~1J1JX>XlX K • Shanon The foregoing instrument was acknowledged before me on this 13th day of July, 1992, by Barbara A. Peterson & 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. JAMIE L. BOSMA NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Comm. Expires 12-19-97 Page 4 of 5 I. , CITY of ORONO RESOLUTION OF THE CITY COUNC IL NO . 3138 STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this ~ '; .tfl day of Ju I y , 19 9 ;2.. before me ~Notary :Ej!blic wit1;Jn and for said county, personally appeared 'l(o do'f 4-J, &.fzfo.('-\, m arc,·e/ known to me to be the person( s) d'escribed in 'and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. LINDA S. VEE NOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY My commission expires 8-12-96 STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) Y PUBLIC On this £ '/ tJ1 day of ,Ju/~ , 199J, before me a Notary Public within and for s ~id County, personally appeared Shor1oh l(6a+zla f£,ma.rr,'eflL known to me to be the person(s) described in and who executed the foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. LINDA S. VEE NOTARY PUBLIC -MINNESOTA HENNEPIN COUNTY My commission expires 8-12~ @inda,, /. t!tP~ 0 ARY PUBLIC Page s of -5 'I ' . CITY of ORONO RESOLUTION OF THE CITY COUNC IL NO. 3138 EXHIBIT A /\ l l t h a t p a r t o f G o v e r n rn e n t L o t 6 , S e c t i o 11 1 O , T o 1·111 s 11 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 1>1 s : · l3 e g i· n n i n g a t iJ p o i 11 t o n t 11 e E a s t l i n e o f s a i d L o t 6 distant 725.02 feet South of tile Nortl1east corner thereof; tl1ence \./est ut right angles to said East line, a distance of 258.72 feet, rnore or less. t o a n i n t e r s e c t i o n 1v i t 11 iJ 1 i n e d r tll'in [) a r a 1 1 e l 1-li t h a n d d i s t a n t 2 1 6 . 6 9 f e e t No r t 11 e a s t e r 1 y f r om t h e c e n t e r I i n e o f C o u n t y Ro a cl N o . 8 7 ; t 11 e n c e S o u t 11 e a s t - erly along said parallel line a distance of 47.95 feet; thence deflecting left an angle of 39 degrees and 45 minutes il distance of 234.2 feet, more or less, to the center 1 ine of County Road No. 146; thence Northerly along last said center line to the point of beginning, Hennepin County, Minnesota. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION #3138 I Dorothy M. Hallin. City Clerk of the City of Orono, Hennepin County. Minnesota. do hereby certify that I have compared the fore-going copy of c1 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 July 13 • 1992 • 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 15th • day of ---__ ...,.._July , 19_9~2~-- \·\·.'· ·,' •a ' . \ / ! • ,. •. f3>< <.ft:'!/,_ M LS ~a(?rft+-5 ~ G.~"t.. H, t~ 21A IJ G9215 :06 85958836 21A UG9215 :Q6 85958836 sco $2 .00 DOC $15 .00 OFF/CF :-,'('~.'r I Y .-?c.CO l,DEFI HE.Ii/ff Pl~' ~c·;,·, r ,·. ,'·l•l,\~:,O TA c:c'!' 1~::~ .. :t :' ~.? 92 nuc 2 1 PN 3: os ~~. '.. ·v '' · 5958836 .t:7(;j . . . vf. .. 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