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HomeMy WebLinkAbout1991-10-14 Resolution 3026N CITY of ORONO RESOLUTION OF THE CITY COUNCIL A RESOLUTION AMENDING RESOLUTION #2961 FILE #1629 3026 WHEREAS, Craigbank Associates represented by W. Duncan MacMillan (hereinafter "the applicants") are owners of the property located at 1700 Fox Street within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WINEREAS, on May 13, 1991 the City Council adopted Resolution #2961 granting variances to Municipal Zoning Code Section 10.03, Subdivisions 9 (C) and (D) to allow the applicant to contruct additions to an existing oversized accessory structure; and WHEREAS, the approval granted in Resolution #2961 allowed construction of additions increasing the footprint of that structure to 14,090 s.f., in excess of the 6,000 s. f. normal allowance for accessory structure footprints on the property, and allowed the proposed additions to be located closer to the road than the principal residence structure on the property; and WHEREAS, Condition #1 of Resolution #2961 referenced the additions shown on the site plan attached to that resolution as Exhibit B, and required that any changes in plans resulting in relocation of the additions or which resulted in a footprint exceeding 14,090 s.f. to be further reviewed by the City Council; and WHEREAS, the applicants were issued a building permit on August 13, 1991 for the approved squash court addition but omitting the attached garage addition. Applicants subsequently proposed an open carport addition in a location 4' closer to the west property line and of f set approximately 6' f rom the line of the northwest wall of the originally approved site plan; and Page 1 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL ��9kES8p� NO. 3026 EREAS, the City Council finds that the revised proposal to substitute an open carport of defined footprint 700 s.f. in place of the previously approved garage addition of 858 s.f., and being one-story in height and being located 250' from the west lot line rather than 254' from the west lot line, is not considered an intensification of the approval granted in Resolution #2961, will have no significant impact on neighoring properties, and meets the intent of the approval granted in Resolution #2961. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota that Resolution #2961 of the City Council is hereby amended to allow construction of a 700 s.f. carport per the site plan attached as Exhibit B, in lieu of the previously approved 858 s.f. enclosed attached garage, subject to the following conditions: 1. Future enclosure of this carport with walls shall not exceed the 700 s.f. footprint approved with this resolution. Such enclosure shall not require further City Council review and approval, but will require a separate building permit. 2. Any future proposed additions for which an application is made before May 13, 1992 shall adhere to the footprint and floor area limitations of Resolution #2961. Any proposal occurring after May 13, 1992 that requests further increases in footprint area or floor area shall require a new variance application. 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 applicant has read, understood 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 i�l:: of the property. Page 2 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3026 �—Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 14th day of October, 1991. j Z&zd;:L. Od'rothy (!j Hallin, City Clerk Property Owner(s) STATE OF MINNESOTA ss. COUNTY OF HENNEPIN h-t, ie- �� �• - Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 14th day of October, 1991, by Barbara A. Peterson & Dorothy M. Hal lin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LlNDA S. VEE WARY PLV" - NNNOWA Notes y Public HENNEPIN COUNTY My oommissl*n expires 8-12M Page 3 of 4 CITY of ORONO RESOLUTION Of THE CITY COUNCIL NO. 3026 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) A On this )mod day of _'" ► 19 9A before me a No afy ublic wi in n for said county, personally appeared known to me to be the persons described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY P LIC ■� NAME e � lfteoft 1 STATE C:? MINNESOTA ) )ss. COUNTY of HENNEPIN ) 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) fr" act and deed. NOTARY PUBLIC Page 4 of 4 EXHIBIT A RESOLUTION #k3026 DESCRIPTION: Part of the Northeast Quarter o: the Southeast Quarter (NE 1/4, SE 1/4) of Section Three (3), Township One Hundred Seventeen (117) , North of Range Twenty-three ( 23 ) hest of the Fifth Principal Meridian, according to the U.S. Government Survey as follows: Commencing at the Southwest corner of Northeast Quarter of the Southeast Quarter (NE 1/4, SE 1/4), thence East along the South line of said Northeast Quarter of the Southeast Quarter (HE 1/4, SE 1/4), Nine Hundred One (901) feet more or less to a point Four Hundred Twenty-nine and five tenths (429.5) feet West of the .Southeast Corner of said Northeast Quarter of the Southeast Quarter (NE 1/4, SE 1/4), thence deflecting to the left at an angle o: 124° 58' from the last described course One Hundred Two (202) feet; thence deflecting to the right at an angle of 120 from the last described course Fifty (50) feet; thence deflecting to the right at an angle of 150 30' from the last described course Fifty ( 50 ) feet; thence deflecting to the right at an angle of 110 45' from the last described course One Hundred (100) feet; thence deflecting to the right at an angle of 30 50' from the last described course One Hundred (100) feet; thence deflecting to the right at an angle of 40 58' from the last described course One Hundred (100) feet; thence deflecting to the right at an angle of 10 41' from the last described course Ninety-two (92) feet; thence deflecting to the left at an angle of 13 ° 31' from the last described course One Hundred Eighty and Five tenths (180.5) feet to a point in the lake on said property; thence Westerly on a line parallel with said South line of the Northeast Quarter of the Southeast Quarter (NE 1/4, SE 1/4), Eight Hundred Seventy-two and Seventy-five Hundredths (B72.75) feet more or less to the West line thereof, thence South along the Nest line thereof Seven Hundred Forty-four and Eighty-five Hundredths (744.85) feet to the paint of becinning. Also known as PINS n03-117-23 41 0003 4APDA- NO .off ---- dd L Q, QO a 1 EXHIBIT B RESOLUTION #3026 ti