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Home My WebLink AboutResolution 3734 � so�a � �� -' � � � 66 21.I62 � �� O O , - C ITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��kESH�4'�G NO. S ""�" � �. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 6 (D) FILE NO. 2141 VVHEREAS, Roberta Jean Roth (hereinafter "the applicant") is the own�:r of th� property located at 12S 1 }3riar Street within the Ciry Of OI'Gi1v �l��r�inafte: "th� �:+,�"� .�::d legally described as follows: Lot 1 and north half of Lot 2, Block 3, Crystal Bay Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHF:REAS, the applicant has applied to the City for a variance to Municipal "Loning Code Sectiun 10.03, Subdivision 6 (D) to permit construction of a 16' x 20' detached garage to be located 2' from the side street line instead of the required 10'. NOW, THEREFORE, BE IT RESOLVEll by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #2141. 2. The propertv iG le�cat�d i:: ±?:� RR-1B Si:�glP Far.:z?;� Raral R�s:��r.tia? Ze::ir.g District requiring two acres in area. The property cor�sists of 10,500 s.f. 3. The property is also located within 500' of a natural environment lake, French Lake. The property is subject to hardcover and setback regulations for properties located within 500-1,000' of the shoreline of protected lake. 4. The Orono Planning Commission reviewed this application on June 17, 1996 and reconunended unanimous approval of the proposed variance based upon the following unique findings and hardships: w T�AN�FER ENTERED HENNERIy COUNTY TAXMYER 9ERVICl�6 Page 1 of 5 AUG 15 1996 �( nniHN. ` � DEPUTY . � o� 0 0 ��b:.- CITY of ORONO � � �� '�' RESOLUTION OF THE CITY COUNCIL ��kESH�g'� NO. e� "7 � z�a A. The garage will be located adjacent to an unimproved dead end right-of- wa}� not maintained by City. B. The section of unimproved roadway c�.irrently s�rves as a shared drive far t1�1/fJ 'uawij?.rP?l.t �?'4rn.��IP� a:'� i�; f:.r tl�,` .�.�` , 1:�•-t� �"�x�S�i� :.`'.:,_. C. �1O }�1c1Ce t�le StTUCtliT'e a11C� nCCf;�S Cit"1VC� liI1l11�C Jl)Lil�i ii: T�ai _�'u:'�� '� ::��.� required 10' setback would result in the loss of mature trees. D. It is the applicant's desire to preserve as much of their limited grassed yard as possible. E. The structure will have no visual impact upon the surrounding properties. F. The residence to the south is located 60+' from the proposed garage. G. The property is not served by a garage. 5. The City Council finds that the conditions e�isting on this property are peculiar to it and do not apply generally to other property in this zoninb district; that grantitig 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 hardshi�j o_r �?;ffici.�lty; �s nece�s.a.ry t� preser�re a c„b�t�rr,�.� property right of the applicant; �and ��culd be in ke�:;ping with the spirit and intent of the Loning Coue and Cor.prelieTisive Ylan „1� tt�e t:i�y. 6. The City Council has considered tlus application inchiding the findings and recommendations of the Plaruling Commission, reports by City staff, comments by the applicant and the eff:ect of the proposed variance on the health, safety� and welfare of the community. Page 2 of 5 � °� 0 0 ��b__� CITY of ORONO � � � �� t,'�' RESOLUTION OF THE CITY COUNCIL �9kESH�g'� NO. ",e� � � � CONCLUSIONS, ORDER AND CONDITIONS Based upon one or mare of the above unique findings and hardships, the Orono City Couilcil hereby grants a variance to Municipal loning Code Section 10.03, Subdivision _ _ ' '��'��. yr '�11� cinala ctst�� t�atAr�iF,'£� ty`82'?l�E VJ1ti�1.1 �i(: il':uT �''c1t`� of the pt�operty granting an 8' or 80°io side street setback variance, subject to the following conditions: 1. Prior to the City issuing a building permit for construction of garage, applicant shall have applied far the legal combination of Lot 1 and the north half of Lot 2, Block 3, Crvstal Bay Minnetonka. 2. Authorities granted by this variance run with the property not �vith 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 (June 24, 1997). 3. Violation of or non-compliance with �ny of the terms and conditions of this variance shall constitiite a violation of the zoning code, shall automatically terininate any authority granted herein, and shall be punishable as a misdemeanar. 4. The undersigned applicant has read, understood and hereby agrees to the ternls nf thic rP�nitition and �n behalf of herself, her heirs, succe��o::: and a�si�ns, hereby agrees to the recarding of this �resolution i.� �he Chain of Title of the property. Page 3 of 5 . � O� O O ��e. - C ITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL L9kESH�4� NO. e� � � 4 Adopted by the City Council of the City of Orono, Minnesota at a regular nleetin� �held on the 24th day of Jtme, 1996. � .`�T� :ST;: T., . :� . / . . .._ .._ f � � / 7 � y� � orothy VI a in_�,Gity Clerk Edward J. Call kian, Jr., Mayor l/� � � �� ,t'+�'`�!i� ��=,- ,' _ Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acl:nowledged before me on this 24th day of June, 1996 by Ed�vard J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clei•k of the City of Orono, a Minnesota municipal corporation and said instrument v��as executed on behalf of the City. ,"� �u�f__. ,,v �._ ;:�totary ',ub:ic ° `"' JAMIE L.BOSMA NOTARY PUBLIC-MINNESOTA � � � HENNEP►N COUNTY �`��^�°°• MyCommissionExpiresJan.31,2000 c Page 4 of 5 .• 1 , . ■ • 7 O� O O ��b- � CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESH04� NO. �� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) -- - — __ __ __ _ On this �. �a �' __ �ay of _ , l99 , before me a i�lotary Fublic within and for saici cou�ity,pe��sonally�ppear�ii r��>�i,, � ,-�., , � - ,�� ,: �,; � � F��,� � =—�--._-- 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) free act and deed. ��'• JAMIE L.BOSMA _ �, �4�? NOTARY PUBUC-MINNESOTA --� " ` ' `" '' ` '" ` �� o,��;�;s;� HENh'EPIN COUNTY NOTARY PUBLIC �^��Comm��sion ExGi�es Jan.31,2000 - y;-- ,-r.-.--,-,-> �--�. .., ,.� r-, ..� ce.:.�e. w.e.�....s STATE OF MINNESOTA ) ', ) ss. ' COUNTY OF HENNEPIN ) � ( i On this day of___�_ , ��":f before me a Notary � �ublic within and for said county,persa��aliy appeared � _ i known to me to be the person(s) des�.ribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � I � I I i NOTARY PUBLIC Page 5 of S . . , , e . ' S j �� ...N:... 'i . ` . . ; . � � ' l 1� ' — i � xEsoLvr1o�r # � 7 3 4 STATE OF MINNESOTA ) � COUNTY OF HEI�1�?�IEPIN ) ) — -- . CITY OF ORONO ) I, Dorothy M. Hallin, Ciry Clerk of the Ciry of Orono, Hennepi.n Counry, Nlinnesota, do hereby certify that I have compared the f�of such resolution in the �iinut s�of the Council of the City of Orono with the orijinal record proceedings of said City Council at a meetinand �tbatsthe sa�e is a�ruel andecorrect June 2 4 ' 1�-' copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 2 7th , day of June , 19 9 6 � .. - orothy Ni. a , City Clerk F �_.- (V�/ �� s��k� 6621162 ;`.:n�s,._. `,��:� �- i.:��`��:t,'� ::i;:L1 �•� `�i? -- - - r.f-•': .. z ,'"H`,'�'�:� :' :� U•_�`�C.�.i��r" L�iJ�_� #•i�.,�ii j i•' � OtflCE OF CCI�h1�"i�FC^R(�R F��N4E i!N C4iir!i Y,t�htiE50Ta CE+i7�r�E�f{LEA�,NO OR RFC�R�f.D ON ss au� I 5 a� �o: I s �:�f:�c�;t.s�.��r ,�s��,.l�i2 ��r.'..,��:..., c�.R�cc�ac� "_. �_.�_�'"" �tY �'"cid�s �� ' �l� ��'� �� l U ,n