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Home My WebLink AboutResolution 3500 it. 0,4? O ,� O CITY of ORONO 0,44 Vim' RESOLUTION OF THE Cir COUNCIL 1 ,�� ;�0"� tib' NO. '� sHo* 6378133 A RESOLUTION GRANTI.NG A VARIANCE TO MUNICIPAL ZONLNG CODE SECTION 10.6], SUBDIVISION 5 (A) FI? F #I969 WHEREAS, the City of Orono (hereinafter "the applicant") is owner of the property located at 1355 Brown Road South within the corporate boundaries of the City of Orono (hereinafter "City") and legally described as follows: Lets 2 and 3, Block 1, Markville. Hennepin County. Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.61, Subdivision 5 (A) to permit the construction of a parking lot to be located within the 50' required front yard where open parking spaces are normally not allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. Minnesota: FINDINGS 1. This arhiication was reviewed as Zoning File 41969. 2. The property is located in the RR-1B, Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 17. 1994, and recommended approval of the proposed variance based upon the following findings: A., The Crystal Bay Post Office was constructed in 1960 and acquired by the TRANSFER ENTERED City around 1980. It is intended to continue in use as a post office for the HENNEPIN COUNTY TAXPAYER SERVICES foreseeable future. DEC 20 1994 Page 1 of 5 piticBYE Q .IINN. • DEPUTY Fenn 5005 Oivan,, 04S)°4-0 sw, -_. CITY of ORONOO RESOLUTION OF THE CITY COUNCIL 44,„ (::,,,.[::4,:>, I NO. 3 _. r 44 llesxo B. The post office has never had a formal parking lot and a formal parking lot with a drive through letter drop will eliminate the current pattern of parking on the shoulder of Brown Road. C. A parking lot meeting the requirement for being outside the 50' required free :d would ch into the existing Crystal lay park and playground area. An ingress:egress driveway would have to cross the front yard in order to reach such a parking lot. D. Construction and use of a parking lot meeting the front setback requirement would have a severe negative impact on the existing use and layout of the Crystal Bay park and playground area and further would require additional hardcover. There is existing screening to the south side of the parking lot which is appropriate as a buffer to the neighboring residence to the south. F. Construction of the parking lot will allow elimination of parking on the shoulder of Brown Road, resulting in a safer situation for post office customers. PIacement of the parking lot in a conforming location to the rear of the post office would likely result in continued unsafe parking on the shoulder of Brown Road. 4. 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 etrect of the proposed :•aria,,': on h.:aith. safct.•• and welfare of the community. 5. 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 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. Page ? of 5 m�Dist Om #‘0;.:() CITY of ORONO RESOLUTION OF THE CITY COUNCIL % .i'?.'*;:•I'',..'.. t: NO. 3 ,. . ..) 'kE8Kp4 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.61, Subdivision 5 (A) to permit the construction of a parking lot to be located in the required front yard where a parking lot is normally not allowed in the KR-1B District, subject to the following conditions: 1. Parking lot shall generally adhere to the design and site plan attached as a Exhibit A. 2. The parking lot shall be striped for proper traffic flow. 3. 'rhe existing informal gravel parking area on the north side of the building shall be reverted to grass. 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 (November 28, 1995). 5. 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. 6. The undersigned tippiicaia has icad, undcrstood and heteby agtees to the terms of this resolution and on behalf of itself, its heirs, successors and assigns, hereby "agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 Fom5O 5 Disk -.0,----0 - 4: 41 * O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ' , i ,, " /IfNO. 3 �$�Ho4 Adopted by the Orono City Council on this 28th day of November, 1994. AI ':.ST. 4 . F / I s — Al / • ice. /��. / / / , �/ ID •thyy ' • un,'C ty Clerk Edward J. alla n.P-Jr., Mayo i4„.4.42' r,--' ;., party Owner(s) STATE OF MINNESOTA ) ) s.. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of November, 1994, by Edward J. Callahan, Jr. &Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 42 ;-/ 1,4L. —I ,k-k.--, Notary Public ,k' LINDA S. VEE tOT 1PY PUBLIC- MINNESOTA _ ''b ', My Nccm rNd Bolen expires 8-1246 ,k' LINDA Page 4 of Farm 5005 Dalt pmt 04-°-'4340 CITY of ORONO it4v1.1,: a RESOLUTION OF1x 1 ' � - ti No. 1545CITY COUNCIL •103 00 STATE OF MINNESOTA ) • ) ss. COUNTY OF HENNEPIN ) On this / day of e° fr# b t i , 199 e/ before me a Notary Public within and for said county,personally appeared e rg a K. & ,, ii a, tisi , t a Olt,,;i,_L fir(' )e,,fz,1. 6( i-it€ 6)ty a( C i'ONG 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. LINDA S. VEE I / `+ j NOTARY PUBLIC- MINNESOTA -e.' HENNEPIN COUNTY r'/ "I 2t-(4, ti(' _, - "-= ``i' M'commission wires 8.12-98 NOTARY PUBLIC STATE OF 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) free act and deed. NOTARY PUBLIC Page 5 of 5 Farm 5005 DdMOrce RESOLUTION # 3 O 0 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on November 28 , 19 9a, and that the same is a true and correct 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 30th day of November , 19 94 . a\�_ `:' y M. Clerk � City EAL) .• • Y r • s • • USW CERTIFICATE OF SURVEY FOR REHOLUT A RESOLUTION NO. CITY OF ORONO 3500 OF LOT 3, BLOCK 1, MARKVILLE .,., • HENNEPIN COUNTY, MINNESOTA 0,,,, 19 abs,, c 60• , s> CI fit+ . .r S er20.30"E 173.27..,...a 175 M- V •-. . • o �oq�eo A h X07 �Kly • it 0 • $i r 27• 9 ila W A I - 8 I n n f `" b b i z *. M 1 -nt.N t 74 rh. N. 1 r Q� 79 58 .13 .4' 7..CS I `. Lr t •• N 89.20 301W )49I6ota.no ne /35 M.w•are • 60' 1 - Sr LEGAL DESCRIPTION OF PREMISES SURVEYED: Lot 3, Block 1, MARKVILLE o: denotes iron marker Bearings shorn are based upon an assumed datum. • This .,u:coy i.;t.er;os _. ow Lite b;urtdaries ofN) the above described pro;:erty, and the location of and existing shed thereon, the location of an existing buil'cH r; on the adjoining property to the North, and the proposed location of a proposed parking lot. It does not purport to show any other improvements or encroachments. • I hereby certify that this survey was prepared by me or under my direct super- DATE7.27'N Fd/wtit ` COFFIN t SL GRotiBF ItG INC. vision,and that l am a duly registered Civil Engineer and Land Surveyor under V.a"44! j • `1{l; the laws of the State of Minnesota. SCALE I"=20' • 2/4./.....e.' ,„ K..0. 44.291 0 Mark S.Gronberg Minnesota License Number 1 5 gwa q p,-,V 74,141 'two^ c, c, cc.03 411P TY IA 4J 1—. CI Cs t. c...) ':5 '..'. (3- .. ......- ,.., -- Q: 1,8•4 f z:X .Li --- L \ CC et C..) § .. ,--•,-- F,r•.) ff.-v.'''. 40 , flg 07 ' '...',...3 t.._?•1' . ....),) .,•,.1 C, i: • I \... ()•1 .4419 re) ro r-) ro ,-•-• * : C.-.) w ..; N.-.. In LU , .... , Ili I-1- -,, sY k:.4 •••4 .....1 ...11 er.1 Cr U. >. 0 „,..0.• wit x LU k./ ri CC C.) g g '1, ',—. ..., $ ... . . . . . _ J ..... T. .S.."