HomeMy WebLinkAboutResolution 3372 6357257
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CITY of ORONO
'' 7- RESOLUTION OF THE CITY COUNCIL
A 11 �' ;i 4.4 ti NO. 7 ,:.,
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TRANSFER ENTERED
HENNEPIN COUNTY TAXPAYER SERVICES A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
OCT 25 1994 SECTION 10.03, SUBDIVISION 9 (D)
AND SECTION 10.28, SUBDIVISION 5 (B)
• ,n, MINN. FILE NO. 1889
BYE -11 DEPUTY
WHEREAS, Rodney J. Batzlaff(hereinafter "the applicant") is the owner of the
property located at 1115 Brown Road south within the City of Orono (hereinafter "the City")
and legally described as follows:
Refer to Exhibit A, attached (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 allow a detached garage to be constreCted 42'
in front of the front line of the principal structure, and a variance to Section 10.28, Subdivision
5 (B) that would allow the structure to be placed 23.1' from front street lot line instead of the
required 50'.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1889.
2. The property is located in the RR-1B Rural Residential Single Family Zoning
District requiring two acres in area. The property consists of approximately
14,824.25 s.f. or .34 acres.
3. The Orono Planning Commission reviewed this application on November 15,
1993 and recommended approval of the proposed variances based upon the
following hardships and unique findings:
A. The unique shape of the lot prevents structure from being placed adjacent
to principal structure.
B. Insufficient width to allow an access drive to rear of property without
requiring the removal of the only mature trees on property. .
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OO CITY of ORONO
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RESOLUTION CITY COUNCIL
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C. The proposed location of the garage in the street yard is consistent with
the pattern of development for accessory structures within this
neighborhood.
D. The .34 acre parcel is required to be developed under two acre zoning
standards.
E. The proposed improvement does not exceed the lot coverage allowance for
structural improvements proposed at 1,802.4 s.f. or 12.5%.
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 findings noted above, the Orono City Council
hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 9(D)and Section
10.28, Subdivision 5 (B), subject to the following conditions:
1. Prior to the footing inspection for the proposed detached garage in street yard,
applicant shall relocate accessory shed in rear yard to meet required 10' side
setback.
2. Proposed detached garage shall meet the required 10' side yard setback and
applicant shall provide natural plantings along south side of structure to minimize
impact upon residence to south.
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Fan 5005 Disk Om
O CITY of ORONO
'S, RESOLUTION OF THE CITY COUNCIL
O. ) :4 4 & NO. 3 ` r^'
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 (December 13, 1994).
4. 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.
5. The undersigned applicant has read, understands 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.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 13thdayof December, 1993.
A " T.
D o rothy M fifil I int; City Clerk ward J. C an, Jr., Mayor
olf' : ' __„...e...ifty
(Q".hflirCl(V) ii.. 0 141111 i
Propfrty O r ) / ' •
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 13th day of
December, 1993 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.
4LINDA S. VEE �4 • gee,
•
„ NOTARY PU@UC - M{NNE is. Notary Public
HENNEPW (;JUNTY
;i
My c;omrr�issicn exFacs 13-12-96
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*:. _, 0 CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
`4 Ijr l'',,.I..‹.1:44 o'41'1'4#,C)
tiff N0. 3 ,d '
E88&
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this gr - day of fel n u A r , 1991/ before me a Notary Public within and for
said county, personally appear nein e yy 1, Bei 1-4/4-r—i) ma r r 1"e
known to me to be the person(s) described 41 and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
r.,a s. ; r�
LN Ar' PUBLIC - MINNESOTA ' e ��}2 Q
,.' HEMNEPIN COUNTY -�/`
.w My commission expires a.12-es NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) -
On this 4.1'i4' day of -rt��,Q. 1 , 199 before me a Notary Public within and for
}
said county, personall peared (J ,r_1_ r._, A. °S , ' ,,. .. _
known to me to be the person(s) described in and who execu - 7 f -oregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTAAIE / f
tir ' t2-t9-qt NOTHSIMPINCOUMY Y UBLIC
•
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Fos MI MEN=
•
CITY of ORONO
O O
RESOLUTION OF THE CITY COUNCIL •
�S NO. S 8 r,-
. EXHIBIT A
All that part of Government Lot 6 , Section 10 , Township 117 , Range 23 , de-
scribed as follows : 'Beginning at a point on the East line of said Lot 6
distant 725 .02 feet South of the Northeast corner thereof ; thence West at
right angles to said East line , a distance of 258 .72 feet , more or less .
to an intersection with a line drawn parallel with and distant 216 .69 feet
Northeasterly from the center line of County Road No . 87; thence Southeast-
erly along said parallel line a distance of 47 .95 feet; thence deflecting
left an angle of 39 degrees and 45 minutes a distance of 234 .2 feet , more
or less , to the center line of County Road No . 146; thence Northerly along
last said center line to the point of beginning, Hennepin County, Minnesota.
•
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FOR 5005 swam.
RESOLUTION * 7
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 December 13 , 19 93 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof , I have hereunto set my hand and seal this
• 20th , day of December , 1993
//
'or•thy llin, City Clerk
•
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