HomeMy WebLinkAboutResolution 3723 � O 'V
O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
��kES�I0 NO. 3 7 23
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (D) AND
SECTION 10.28, SUBDIVISION 5 (B)
FILE NO. 2124
WHEREAS, John P. Earling (hereinafter "the applicant") is the owner of the
property located at 2165 Colin Drive within the City of Orono (hereinafter "the City") and
legally described as follows:
Lot 2, Block 2, Kelley Green, Hennepin County, Minnesota (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 permit construction of a detached garage to
be constructed in front of the front line of the residence where the Code would require
placement at the front line or behind residence structure. The structure will be located 12' from
an unimproved road outlot where Code would require 50'.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2124.
2. The property is located in the RR-1B, Single Family Rural Residential Zoning
District requiring two acres in area. The property consists of two-plus acres.
3. The Orono Planning Commission reviewed this application on April 15, 1996-
and recommended approval of the variances as proposed based upon the
follow*gig unique findings and hardships:
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
sli NO. 3723
A. The location of the well at the east side of the detached garage, location
of mature plantings within east yard and sloping topography prohibit
installation of a third stall.
B. Sloping topography to west and south restrict placement in west side yard
and south rear yard.
C. The location of plantings and sloping topography in northwest front yard
minimizes visual impact of 15' - 16' high structure upon residence to
immediate north.
D. 18' x 30' detached garage will be constructed of the same exterior
material used in principal structure.
E. The City has received no negative comments from residents within the
Kelley Green subdivision nor of residential property owners to west of
the property.
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 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 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
ndwelfare of the community.
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CITY of ORONO
G~ RESOLUTION OF THE CITY COUNCIL
�9kESH0 NO. 37 2
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings and hardships, the Orono City
Council hereby grants a 38' setback variance per Municipal Zoning Code Section 10.28,
Subdivision 5 (B) and per Section 10.03, Subd. 9 (D) approves the placement of the detached
structure within the front/street yard 48' in front of the front line of the residence, subject to
the following conditions:
1. Applicant to provide an amended survey locating detached structure 12' from
unimproved extension road outlot. All overhangs or other structural
improvements attached to the structure shall meet approved 12' setback.
2. Applicant to provide a planting schedule upon application for building permit
specifying location and type of evergreen to be planted along north and west
side of structure:
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 (May 13, 1997).
4. 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. ,
5. 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 Title of the
property.
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CITYof ORONO
ti
RESOLUTION OF THE CITY COUNCIL
9 ESH04 NO. :� 7 23 ,
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 13th day of May, 1996.
A EST:
r
Dorothy M. Rin, City Clerk Edward J. Call r., Mayor
1p
OProerty Owner (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 13th day of May,
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.
�•• JAMIE L.BOSMA Not ublic
` NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
�•...•j My Commission Expires Jan.31,2000
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O
O O
- CITY of ORONO
a �
RESOLUTION OF THE CITY COUNCIL
� E5H04' NO. 3723
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this S44A day of , 199 (o , before me a Notary Public within and
for said County,personally appe—Ode
e
known to me to be the person(s desc!;e�Lin . nd who executed a foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
JAMIE L.BOSMA
;: _ •.
1:
°- NOTARY PUBLIC-MINNESOTA
` HENNEPIN COUNTY
Not blic
�/MMttt• Mp COmmisslon Exphes Jan.31,2000
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this '7 day of '. , 199 , before me a Notary Public within and
for said County,personally appe ed cmc and
known to me to be the persons) descr' d in who executed the foregofng instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
�lieJENNIFER BOHNERT
IMM Y KOW•YIM�OrI'A
HENNEPIN COUNTY 4 d'
,�,,,QO , 0 N ry PubZF
l' 1
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RESOLUTION # 3 22 3
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Dorothy M. Hallie, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compared the
ing coy d of h resolution f a r the tionof the Minutes of the
City
Council of the City of Orono with the original re
proceedings of said City Council at a 19meeting, d of said City that the same is aotruel and heldon
May 13
adopted by said City Council at said meeting.
copy of said resolution duly
In Witness Whereof, I have hereunto set my hand and seal this 16th
day of U , 1996 .
orothy M. a , City Clerk
(SEAL)
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COPY
OFFICE OF THE REGi5 T RAS
QF TITLES
IiFINEPIN Ci7UN�y,IMMLS JA
CERTIFIED `'l-LE1)0;