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Home My WebLink AboutResolution 3331 � -- . � � si'�4i�i . .� 0,�, ` O . O CITY of ORONO � � `�'�=' -� RESOLUTION OF THE CITY COITNCIL �',, `� _�' �S N0. � � � � �'. • y, ti ��'�$ pg�'G � TRANSFER ENTPRE� �x OEPT,pF PROPERTY TAX i Pt1DUC RECORDS A RESOLUTION GRANTING A VARIANCE . D�T $9 1993 TO MUNICIPAL ZONING CODE p�N COUNTY MINN. SECTION 10.28, SUBDIVISION 5 (B) � DEPUTY FILE NO. 1870 WHEREAS, Stephen and Randi Carlson(hereinafter "the applicants"}are owners of the prc��:ty locate3 at 1185 ArL�or S�reet �=ri,h:� the City of Qreno and ?egally described as follows: Lots 1, 2, 3, 4, 5; 6, 7, 8, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28, Block 2, Maxwell's Addition to Crystal Bay, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a 10' x 24' 8" addition to the north side of the existing single stall garage to be placed 27' 3" from the 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 #1870. ' r 2. The property is located fn'`the'RR-1B Rural Residential Zoning District requiring two acres in area. The subject property consists of approxunately 3'/a acres in area. 3. The 3'/z acre parcel is served with municipal sewer. 4. The Orono Planning Commission reviewed this application on September 20, 1993 and recommended approval of the proposed variance based upon the following findings: A. Existing structure was not constructed under current two acre zoning setback standards. B. The location of structure on lot and setback is similar to other properties in the Crysta.l Bay neighborhood. Page 1 of 4 farm SW5 Di�M par 7 � •' O � �' CITY of ORONO ' O � O � �� ,� RESOLUTION OF THE CITY COUNCIL �, Q :� " � ^ � ,:, .� Y ��.,� ti No. -� � ti . ��9� og�G . ES�I C. The addition will extend no closer to street lot line than existing residence. D. The steeper sloping topographies to the rear would require major filling if structure was to be moved further away from the street and still be installed as an attached garage. �. There has never been a vehicular accident resulting fram the us� of the garage at this street setback. 4. The Ciry 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 difficulry; 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 a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit construction of a 10' x 24' 8" addition to the north side of the principal structure to be lacated 27' 3" from the street lot line with a setback variance at 22' 7" or 45.5%, subject to the following conditions: 1. Authorities granted by this resolution run with the property not with the applicant, ' but are pemussive 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 (September 27, 1994). . 2. 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. Page 2 of 4 . - Fmn50D5 DisMdao � °� , 0 CITY of ORONO O ,.:,� � �:<,�'�� RESOLUTION OF THE CITY COUNCIL �, �� `..�;� ti No. � � ti '�'�9 � � ��G kE3H��' 3. 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 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 ?:e.; on t�e 27th d�y �f SeprP�he:, 1993. AT T: , . � � � �.Q �� i� � -�orothy M. all' , City Clerk ward J. Cal a,ha , ., Mayor � __ � . r _ � � � �, � Pro erty Own�r (s) STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of September, 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. Clin�.�.v' ' o T••. JAMIE L.BOSMA N Public y�� ` NO'TARY PUBUCrMINNESOTA • � • HENNEPIN COUNTY 4•,.� " I�Ay Comm,Expires 12-19-97 Page 3 of 4 Form 5005 Disk Omm . . . . • O � �' CIT'Y of ORONO � O ;, O ��T� .� RESOLUTION OF Tf� CITY COUNCIL r� �'` ,�, "� � � � � v�, , �;�' �, NO. c� e.� _ . ,y, ��9 �G x�Hp4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) �J da of �i �^ , 199 3 ,before me a Notary Public � On this ��' y (;,e_.�-'�..e� . within and for said County,personally appeared C (�k.dZ. � �'ien.�c�,c,�..,{u�.��d u-K-�e-" �y� �—.,,,.,_. , known to me�to be the person�sj described in and Vvho executed the foregoin instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �'ELE .�-�-. •a�: �r- _• JAMIE L.BOSMA C' �`�'`L y`"� ;��' ' ' NpTARY PUBUC-MINNESOTA NO PI1b11C • • FI�IEPIN COUNTY •M. Wiy Cpmm.Expires 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,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 4 of 4 r�soos ua o�o�o - , . • � • RESOLUTION # � e:� :__ _� -x , STATE OF MINNESOTA ) ) COUNTY OF HENIJEPIN ) ) CITY OF ORONO ) I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin County , t�Iinnesota , do hereby certify that I have compared the fore�going copy of a resolution of the City Council �f the City of Orono w�t; the c;iginal recerd of s�ch resclution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on September 27 , 19 93 � and that the same is a true and correct copy of sai-d resolution was duly adop�ed by said City Council at said meeting . In Witness Whereof , I have hereunto set my hand and seal this 28th , day of September , 1993 Do othy . Halli•n , City Clerk (SEAL) � �-.b C,-� • _ - �� . � � , �. � ` � � . , � �. . , , , �� . :�� 00 �� ` ` � wc.� � �`( } � � ��,uu �o � w �i � �' �-, r� -� < ' � cn v,`.��:i C!� r�-+y �Y �� •;.� ,,. w �� -+.� ^J � �. .� �= O � l'*� � i� ,\ `..7 ..' '' � �r N C, � L f� Q�Y , � ,_ S,.., r 4�Y , 1 —� � � N c r � � �.�� "� � ' ni,—, = Q U] � 37 v� .'`�, C] r? � j � � � at. ,� r-, � � �.� �r r� � CD i'�' _ rn�>> y� �" � � N� � �' O C " � A� � f� -rs � � � L� Q -,C-,„a� �