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Home My WebLink AboutResolution 3546 ,� ,i !�n � � � O� O �� Q CITY of ORONO • ��:��=� ,,� � RESOLUTION OF THE CITY COUNCIL '� �� . ," e� e� � 6 „�,�� , , �.y� G,��S, NO. �9�E8HOg'� • A RESOLUTION GRANTING A VARIANCE TO 1ViLTNICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 5 (B) FILE #20Q1 WHEREAS, Rhonda E. Wilson, Secretary of Powder Packers Inc., a Minnesota corporation (hereinafter "the applicant") has an interest in the property located at 640 Orchard Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 13, Orchard Park, Hennepin County, Minnesota (hereinafter "t�he property"); and • WHEitEAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the construction of a 23'x33' three stall garage addition to the west side of the existing residence that will be located 71.7' from the street lot line where a 100' setback is required and a 4'x12' entr.y addition to the south side of the residence to be located 75' from the street lot line where a 100' setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS - 1. This application was reviewed as Zoning File #2001. � 2. The property is located in the RR-lA, Rural Residential ZoninQ District requirin� 5 acres in area. The property consists of 4.79 acres. 3. The Orono Pla:ining Commission reviewed this application on March 20, 199�, and recommended approval of the proposed variance based upon the followinQ unique findings and hardships: • Page 1 of 5 � Form5005�UiskOmno i' � : � O� . O � O CITY of ORONO • �:.:�� . ,� RESOLUTION OF THE CITY COUNCIL �� ,' � � �'' e� e� � 6 �, �� , a� �, NO. :, ti, ��9k' Og'�G ESS A. The existing residence structure was constructed in 1959 prior to the current 5 acre zoning standards for residential development within this area. B. Mature pine trees border the property along the front and side yards so that the view from neighboring homes will not be affected year round. C. The setback of the improved residence is consistent with the street setbacks of the majority of older residential structures located along Orchard Park Road. D. Based on the interior layout of the west side of the residence, the garage cannot be moved 4' back to remain in line with the street setback of the • principal structure because of the impact upon the internal access from the attached garage to the principal structure. 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 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 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 of the community. � CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono Cit�� Council hereby . arants a variance to Municipal Zoning Code Section 10.27, Subdivision S (B) to permit the construction of a 23'x33' garage addition and 4'x12' entry addition approvinQ a 28.3' or 28.3% • street setback variance, subject to the following conditions: � Page 2 of 5 ' Fam 5005 Disk Omm � o� O � O CITY of ORONO • ��' ;� ��=� .� RESOLUTION OF THE CITY COUNCIL � .,3 �, � ��. .a;� c4 NO. e� ) � � ti ��9� Og�G ES�i 1. Applicant and owner shall be responsible for installing a conforming septic system to serve the four bedroom residence by September 30, 1995. 2. Applicant or applicant's contractor is encouraged to review the need for either a new culvert or the reinstallation of an existing culvert to create positive drainage in ditch at public roadway. 3. ' Notice is hereby given to both applicant and future owners that the tennis court located 9' from the west side lot line, 34' from the street lot line and located in front of the front line of the principal structure is recognized as nonconforming requiring variance approvals for major structural repairs. 4. Authorities granted by this variance run with the property not with the applicant, • but are permissive only and must be exercised by appli�ation for a building permit within one year of the date of Council approval, or this variance will expire on that date (March 27, 1996). • 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 applicant has read, understood and hereby agrees to the terms � of this resolution and on behalf of Powder Packers Inc., 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 � Fam 5005 ask Orono � °� O � . O CITY of ORONO • � �:��=� ..� RESOLUTION OF TI� CITY COUNCIL ��,►, `1��, ��,�' �, NO. � S � � 1 � ��9� og�G . EsH Adopted by the Orono City Council on this 27th day of March, 1995. A EST: � rl � , orothy M. lin, City Clerk � Edwar J. CaII an, Jr., Mayor �� Rhonda E. Wilson, Secretary of Powder Packers, Inc. • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � The foregoin�instrument was acknowledged before me on this 27th day of March, 1995, 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. ° '"` CAROLE A HASEMAN � � %�':' r` NOTARYPI�LlC-M�NNESOTA NOtary Pub11C : � H�utu�N courunr `,�.�•�' My Commission F�qJftes J�.31,2f100 • Page 4 of 5 � . � Fam 5005 ask Orono � o� O �� O CITY of ORONO • �':��=� ,�. RESOLUTION OF THE CITY COUNCIL � �-.� � � '�'�, i� �. a;.,. �F N0. e� � � G ��9� og�G EBII STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) On this „?R�"� day of �.(Q�r ti _, 1995 before me a Notary Public within and for said county,personally appeared�� 1;Iso � J`�ee.�,. n-� �o�vd�r p�„l(pNs ,�,,�• known to me�o be the person(s) described in an who executed the foregoin� instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. , ��•. CAROLE 0.HASENIAN ;��' r` � NOTARY PU�LhC-MINNESOTA • , H��N�� NOTARY PUBLIC � ''•,M.: Nly Comrt►ission bcp►res J�.31,Zt�00 STATE OF MINNESOTA ) � � �) ss. COUNTY OF HENNEPIN ) On this day of , 199_before me a Notary Public with�.n and for said counry,personally appeared known to me to be the person(s) described in and who execu.ted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � � NOTARY PUBLIC • • Page 5 of 5 • ' � � FamS005askOrono