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Home My WebLink AboutResol 5846111111111111 11111111 Certified filed and/or [ corded on 8/31/09 12 :0 · PM Office of_ the Cou1 ty Recorder Hennepin Cou r),fy, Minnesota Michael H. Cunniff; County Recorder Jill L. Alverson , County Auditor and Treasurer Deputy 11 Pkg ID 566161 Doc Name: Variance Document Recording Fee $46 .00 Document Total $46 .00 This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING VARIANCES TO THE ORONO, MINNESOTA, CITY CODE SECTIONS 78-420, 78-1403, AND 78-1436 FILE NO. 09-3402 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 8 4 6 A RESOLUTION GRANTING VARIANCES TO THE ORONO, MINNESOTA, CITY CODE SECTIONS 78-420, 78-1403, AND 78-1436 FILE NO. 09-3402 WHEREAS, Philip Frank Kaley and Lorraine Adele Kaley, husband and wife , (hereinafter "Owners") are the owners of the property located at 1395 Brown Road South within the City of Orono (hereinafter "City") and legally described as: Lot 5, Block 1, Markville , Hennepin County , Minnesota (hereinafter "the Property"); and WHEREAS, the Owners have made application to the City for a variance to Orono Code Section 78-420 to allow a detached garage less than 30 feet from the right of way of Arbor Street; and WHEREAS, the Owners have made application to the City for a variance to . Orono Code Section 78-1403 to allow structural coverage in excess of 15 percent; and WHEREAS, the Owners have made application to the City for a variance to Orono Code Section 78 -143 6 to allow a detached garage less than 15 feet from the north property line ; and WHEREAS , after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono , Minnesota, City Code , the Orono Planning Commission held a public hearing on May 18 , 2009, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NO\V, THEREFORE, B E IT RESOLVED b y the City Council of Orono , Minnesota: FINDINGS 1. This application was reviewed as Zoning File #09-3402 . 2. The Property is located in the RR-1 B zoning district , where 2 acres is the minimum lot area and 200 feet is the minimum lot width. The Property is approximatel y 0.37 acre in area and 76 .89 feet in wi dth. Page 1 of 4 CITY of ORONO RESOLUTION OF H i E CITY COUNCIL NO. ~ 8 4 6 3. The Planning Commission reviewed this application on May 18, 2009 and on a vote of 7 -0 recommended approval of setback variances to allow a 25 foot deep by 30 foot wide garage placed so the south wall of the garage is in a line with the north wall of the house ( approximately 5 .8 feet from the north property line) and so the southeast comer of the garage is 10 feet from the northwest comer of the house (approximately eight feet from the right of way of Arbor Street). This recommendation is based on the following findings: a. It is a hardship to not have a garage . b. A garage of the size proposed is necessary to accommodate vehicles as well as the equipment necessary to maintain the property. c. The proposed design and approved location is compatible with the surrounding area. There are detached garages across the street that are located very close to the right of way. The adjacent house to the north is located only 24 feet from the right of way. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. Notwithstanding the recommendation of the Planning Commission the City Council finds that a 26 foot deep garage is necessary to accommodate vehicles and maintenance equipment and that the topography of the lot makes it unreasonable to place the garage any farther than two feet from Arbor Street. 6. 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 Owners but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owners; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 4 CITY of ORONO RESOLUT I ON OF THE CITY COUNCIL NO. 5 8 4 6 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Orono Code Section 78-430 to place a 26-foot by 30-foot garage two feet from the right of way of Arbor Street when a 30 foot setback is requried, to Section 78-1403 to have structural coverage of 16.97 percent when the maximum allowed is 15 percent , and to Section 78-1436 to place a garage five feet from the north property line when a 15 foot setback is required, subject to the following conditions: 1. Council approval is based on the site and building plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits A and B . Any amendments to these plans may require further Planning Commission and City Council review . 2 . Authorities granted by this resolution run with the Property not with the Owners , but are permissive only and must be exercised by obtaining a building permit for the new garage before June 22 , 2010 or the variances will expire on that date. 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 Owners have read, understand and hereby agree to the terms of this resolution and on behalf of the ir heirs, successors and assigns , hereb y agree to the recording of this resolution in the chain of title of the property. Page 3 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 8 4 6 . Adopted by the Orono City Council on this 22nd day of June, 2009 . ATTEST : Linda S. Vee, City Clerk ~J\~~JL Philip rank Kaley 7 ~ STATE OF MINNESOTA COUNTY OF HENNEPIN J'esM. White, Mayor This instrument was acknowledged before me this ~ day of J~ 2009 by Philip Frank Kaley, husband of Lorraine Adele Kaley. BARBARA G. SILUS NOTARY PUBLIC -MINNESOTA My Commission Expires Jan . 31, 2013 STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this~ day of_---'f;-=-------=--=*---- 2009 by Lorraine Adele Kaley, wife of Philip Frank Kaley. MONICA A. FADNESS NOTARY PU BLIC-MIN NESOTA My Commission Expires Jan. 31 , 2012 Page 4 of 4 ~.' I ' ---i . ,..___ I ---._ I --.....--..... (960 .7 ) 1'1 96 1.3) 1' Q M.H. 0 0 0 (D ". ! "' ; % I (962 (961.9 ) ·-0 0 v 0 22 .5 tO c.o (958.9 ) ~ w 0 ><WELL M 0 5 0 0 ~ 0 z 0 0 0 0 ..- ~ S 89°20'30 11 E 76.89 LACKTOP .. ..-- NORTH SHORE (C 0. RD. N 0. DRIVE 51) co co 4 Exhibit A 5 8 4 6 I 39.7 EXISTING 52 HOUSE "! ------15 .. 0 ('() . ---.::.. ~El~, #1395 ~ ---z co ":;;/-32.0 'I'- Q cc o· () '- o· cc < s 0 cc Cl:) /\ ' Sade-YI"• J'.;(J" ~ 1 ltZJ I ~ CZJI_J}---------J ~- East Elevation Scale -1/~" -J '..Q" Exhibit B 5 8 4 6 !!J . .it. ' .. A_.. f7:l l7l ! I_ /l II_!_// I :====~ Exhibit B 5846 / / CZJIZJ ' / "-/ ' / ' / ' / ' / ··-··----' ./ "-/ ' / -~ / / ' / '- "'!. \!1 \\11 \ [~ ·-·--- . . ·--·----· .. ~---·-. SD:Utb Elevation St:ole-J:µf" -.J'-11" I ... (' .f o · Secti.on View STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono , Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on June 22, 2009, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 24th day of June , 2009. City Clerk 7 (seal)