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Home My WebLink AboutResolution 3747 P �' rt ;�- 'y�' : � � � . . � O� . . O O • b. - CITY of ORONO � ' ti '�' RESOLUTION OF THE CITY COUNCIL ��9kE H�g'�� NO. 3 `7 � ."7 '� � S A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE . SECTION 10.03, SUBDIVISION 9 (D) FILE NO. 2153 WHEREAS, Benedict E. Young (hereinafter "the applicant") is the owner of the ,property located at 3105 Sixth Avenue North 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 a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit construction of a 1,260 s.f. oversized accessory structure to be placed 15' in front of the principal structure where no such encroachment is allowed. • NOW, THEREFORE, BE IT ItESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2153. 2. The property is located in the RR-1B Rural Residential Single Family Zoning District requiring two acres of dry buildable land. The property is also located within 1,000' of the shoreline of Classen Lake and subject to the Shoreland Regulations of the City. 3. The Orono Planning Commission reviewed this application on July 15, 1996 and recommended approval of the variance as proposed, based upon the following unique findings and hardships: A. Topography begins to drop off to the east and south of the residence. Placement of the structure at proposed site will limit the need for filling. • Page 1 of 5 � � °� . . 0 0 � • b. - . � CITY of ORONO � ti . '�' RESOLUTION OF THE CITY COUNCIL ��kE H�g'�G NO. e3 "7 4 '7 . - S B. The placement of structure will minimize impact on property by utilizing existing drive that currently serves residence. C. The location of landscaped areas or formal gardens in the west and north yards as view windows of house are orientec� to west, north and south views. D. Location of septic system in the south yard and need to preserve gentle sloped areas for future septic needs. E. Location of septic tanks at east side of residence. F. Based on the topography and existing plantings within front street yard, there is no visual impact of structure upon views from public roadway nor on views of adjacent residences. • 4. The City Council fmds that the conditions existing on this properly 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 recominendations 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 above findings or hardships, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit the construction of a 1,260 s.f. oversized accessory structure to be placed 15' in front of the front line of the principal structure, subject to the following conditions: • Page 2 of 5 , • - � � O� O O • �b - CITY of ORONO ,� � ��: �G'�' RESOLUTION OF THE CITY COUNCIL . �kESH�g' NO. -�—�!� 1. The exterior of the structure shall be completed of lap siding and painted of the same color as the principal structure. 2. Upon application for a building permit, applicant shall provide an updated survey locating accessory structure on property. Applicant shall direct surveyor to stake structure on site prior to contractor excavating for footings. 3. Per ordinance Section 10.03, Subdivision 9 (C) (3), applicant shall execute a covenant with the City setting forth limitations on the future use of structure should property be subdivided in the future. 4. 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 (August 12, 1997). 5. 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. 6. 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 tlus resolution in the Chain of Title of the property. • � �Page 3 of 5 O,�. � � � . O O � � • �b. - CITY of ORONO . � � ��L: �G'�' . � RESOLUTION OF THE CITY COUNCIL . �kESH�4� NO. '�" 4. 'j . Adopted by the City Council of the City of Orono, Minnesota ,at a regular meeting held on the� 12th day of August, 1996. . ATTEST: � - / � �p� � � . � orothy M. 1 in, City Clerk Edward J. Callahan, Jr., Mayor v o� � Y �-- Property Owner (s) STATE OF MINNESOTA . ) • ) ss. . . COUNTY OF HENNEPIN ) . The foregoing instrument was acknowledged before me on this 12th day of August, 1996 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. � � �Gf77�i1�� al�iz.-F�. No,t�ary�Public l� ,��_•��:.��<z° . . '•� o'�::�. JAMIE L.BOSMA ':� ` �� NOTARY PUBLIC-MINNESOTA • �• ' HENNEPIN COUNTY ��' p�y,Cammission Expires Jan.31,2000 • Page 4 of 5 � � °� . � 0 0 . � . • �b. - . CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL ��`9kE IIp4�'� � � � NO. � °� � °7 -. . S _: � STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) � On this (0�- �+ay o: ,S'.� -�P -e/ , 199� before me a Notary Public within and for said county,personal y appeared B�2n e��'c� �1 I�6un c . �� known to me to be the person(s) described in and ho executed the foregoing instrument, and acknowledged that he (they)executed the same as his (their) free actand deed. �.`.`�• LINDAS.VEE �� "" �� '' NOTARYPUBLIC-P�IINNESOTA �' .4 .�_ � '�,;f/• HENNEPIN COUNTY NOTARY PUBLIC ,� �,�•�°` My Commission Expires Jan.31,2040 • . • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this q`�' day of , 199 � before me a Notary Public within and for said county,personally appeared ;QA, � known to me to be the person(s) d- ribed�' and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �°..'.". JAMIE L.BOSMA ' �Q ��,,�-�, � �°� �' �� NOTARYPUBLIC-MINNESOtA � � ' I � � " � HENMEPIN COUNTY NO Y PUBLIC t = �� `��•'°� M y C o m m i s s f o n E x p i r e s J a n.3 1,2 0 0 0 �.;�r��.;e�.�.,� • Page 5 of 5 � � , . , � . � O� . . . O O • b - � CITY of ORONO . � � . ��i. �G'ti RESOLUTION OF THE CITY COUNCIL . �kESH�4 NO. � `� � '7 � EXHIBIT A . ' LEGAL DESCRIPTION T'hat part of the Northwest quarter of the Southwest quarter of Section 28, Township 118, Range 23, described as follows: Be�inning at. a point in the South line of said Northw�st quarter of the Sout:�west quarter distant ?71.31 feet East of the Southwest corner of saie] Northwest quarter of the Southwest quarter; thence North parallel with the West �l�lne of said �Northwest�quarter of the Southwest quart2r a distance of 277.3 feet more or less to a • noint in the centerline of County Hi�hway No. 6, which point is 371.31 fe2t East at right angles from the [�7est line of said .Northwest rnaarter of the Southwest quarter; thence Northeasterly along said centerline 564.4 feet more or less to a point on said centerline distant 200.8 feet r�easured along said centerline Southwesterly from a point on said cent2rline 187.7 feet West at right angles from the East line of said Northwest quarter of the Southwest �uarter; t�ence South �arallel with said East line to a point on said South line 384.2 feet West of the Southeast corner of said NorthtiTest quarter of the Southwest quarter; . thence West along said South line 546.i7 feet more or less to the.poin� of beginning. Subje�.t to an easement for road purooses f��r hennepin County Highway No. 6. •