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Home My WebLink AboutResolution 3445 a, a � �� O :. Q CITY of ORONO • ' � . '�e�`�"� RESOLUTION OF THE CITY COUNCIL �, ��:, �� ti No. 3 4 4 5 � �, ti �� , o4�G ESS � A RESOLUTION GRANTING A VA.RIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 9 (D) F1LE #1939 ' WHEREAS, Timothy W. Otten and Anna M. Otten(hereinafter "the applicants") are owners of the property located at 425 Turnham Road within the City of Orono (hereinafter "City") and legally described as follows: The South four acres of the East five eighths of the East half of the Northwest Quarter of Section 31, Township 118 North, Range 23 West, Hennepin County, Minnesota (hereinafter "the property"); and • WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit the construction of a 26'x38' detached garage to be placed in front of the front line of the principal structure where the ordinance would require that structure be placed either in line with principal structure or to rear. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #1939. 2. The property is located in the RR-lA, Rural Residential Zoning District requiring 5 acres in area. The subject property consists of 3.8 acres. � 3. The Orono Planning Commission reviewed this application on June 20, 1994, and recommended approval of the variance as proposed based upon the following findings: � • Page 1 of 4 Fam 5005 Disk Orono O� . � CITY of ORONO O O • -� ��e�=� RESOLUTION OF THE CITY COUNCIL r� �� .3,:.�, s"' e� 4 � ,�, � �, y�� , N0. � ;, b, 'ti, ��9�, og�G ESH A. Location of the recently installed well to the immediate north of the ` existing residence prevented construction of an attached garage to the north side of residence. B. The lot does not meet the required lot width of 300'; existing at 211'. C. Sloping topography to rear or west of residence would require removal of mature trees and major filling to provide an access drive to the lower elevations to west. D. Construction to west or rear of property would result in the loss of several mature trees. E. Construction of the garage will result in the loss of two large evergreen • trees but if the drive is extended to a more western location this too would result in the loss of the same trees. 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 properry; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the Ciry. 5. The City Council has considered this application including the findings and � recommendations of the Planning Commission, reports by City staff, comments by the applicants 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 City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivisions 9 (D) to permit • Page 2 of 4 � fam5005DiskOroro � a � - � �� O .. Q CITY of ORONO . � �g��e�-� RESOLUTION OF THE CITY COUNCIL r� ' .' ,� � �, �,� �ti N0. ��R L�. � �-- Y '��9 g�G k'ESK� construction of a 26'x38' detached garage to be placed 5' in front of the front line of the existing residence subject to the following conditions: 1. Applicants shall provide a planting schedule,upon application for a building permit. Plantings shall be required along the east and north side of the 26'x38' detached garage. Plantings shall be completed no later than June 30, 1995. 2. Authorities granted by this resolution run with the property not with the applicants, 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 27, 1995). 3. 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. • 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, . hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 27th day of June, 1994. AT � ST: orothy M. lin, City Clerk ard J. Callah , Jr., Mayor � � � roperty wner(s) • Page 3 of 4 Fo�5oos o��aoro � �� O .. O CITY of ORONO • � ��?e�=� RESOLUTION OF THE CITY COUNCIL � ��. , ,, .� � �,, '1 ��. ��'' ��, N0. � � � �� '�'�� o4�G ESS STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of June, 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. . �:M•, JAMIE L.BOSMA :�'�' r` '� NOTARY PUBLIGMINNESOTA � • '- • • HENNEPIN COUNTY G GG� '•..�•'� My Comm.Expires 12-19-97 NO a Public STATE OF MINNESOTA ) ) ss. • COUNTY OF HENNEPIN ) On this : ��' day of , 199 � , before me a Notary Public within and for said County,perso y ap red ' 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. /1 M JAMIE L BOSMA �J �"' '` � NOTARY PUBLIC-MINNESOTA '�� ' HENNEPIN COUNTY Nota ublic '��•r My Comm.Enpires 12-19-97 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /� �' day of , 199 � , before me a Notary Public within and for said County,pers ly app red `�!� D�-`�'! 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 �-�-��`-� �� MOTARY PUBLIC-MINNES07A N Public • HENNEP�N COUNiY . " My C�nm.Expues 12-19-97 �IwM� • Page 4 of 4 . Fam5005 DlskOrono