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Home My WebLink AboutResolution 3288 , ' �• O 611300� � � CITY of ORONO Q ,, O - ��"=� ,� RESOLUTION OF THE CITY COLTNCIL �, � ,� Y `�,=� ��, No. � � � � ��9x o¢�G ESS A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SEC1'ION 10.03, SUBDIVISION 9 (B) riL� filU2� `'VHEREAS, Eric and Shelly Liljequist (hereinafter "the applicants") are owners of the property located at 3490 Birch Lane within the City of Orono (hereinafter "City") and legally described as follows: Lot 2, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and VVHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (B) to permit the construction of a 24'x24' detached garage to be located 15' from the street line instead of 30' as required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, � Minnesota: '� , FINDINGS 1. This anplication was reviewed as Zoning File #1824. 2. The property is located in the LR-1C Zoning District requiring 'fi acre in area. The pmperty consists of 13,894 s.f. or .32 acres. 3. The Orono Planning Commission reviewed this application on May 17, 1993, and recommended appmval of the variance as proposed based on the following findings: A. The limited right-of-way of Birch Lane at 20' and the substandard setbacks of structures of the older residential development has created unique ingress and egress problems. Page 1 of 5 • . - . � iam 5005 OisM Orono , � °� O ., O CITY of ORONO ��`l=� ,� RESOLUTION OF THE CITY COUNCIL �„ n ;��' �, NO.� � u �; ti b, ti �� o4�G ESH B. The former detached garage was located 1'2" from the side lot line and the new structure will be located 10'. C. The proposed improvement will result in a reduction of hardcover. D. If garagz was placed para11e1 to street meeting the 10' side and street setback, a large maple tree would have to be removed. E. If proposed garage was to meet the 30' street setback, the 10' separation setback between principal structure and detached structure could not be met. 4. The City Council fmds that the conditions existing on this properry are peculiar to it and do not apply generally to other property in this zoni.ng district; that granting the variance would not adversely affect tra�c 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 properry right of the applicants; 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 communiry. CONCLUSIONS, ORDER A►ND CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (B) to permit the construction of a 24'x24' detached garage within the street yard of the lakeshore lot to be located 15' from the street lot line instead of the required 30', subject to the following conditions: Page 2 of 5 . Fann 5005 Oist Oap � � �� O �` O CITY of ORONO �� '��'�� .� RESOLUTION OF THE CITY COUNCIL � �`��' �`,� � 1 n ��, NO. ��9�a � og�G E8H 1. Authorities granted by this variance 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 14, 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. 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 agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 14th day of June, 1993. AT T: � � , � , � �` ��i�� =/� s�'�� Dorothy M llin, Ciry Clerk Edward J. C ahan, Jr., Mayor � � �' • �`� — Y� Property wner(s) � Page 3 of 5 Fam 5005 oisk Orono ��' ITY of OR NO O �.'�\ O C O Y\\' •rn :�. � ,,y RESOLUTION OF TI��cITY COUNCIL '�l �,, � �' �, NO. � G,.�. � � �:. �� Gti �9��x�g�i STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of 7une, 1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Qrono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public c�►Ao�E�. w�spwu� �HENfVEPi�TA � M1'COMMISSION EXPIRES e,t7.y0 Page 4 of 5 �� ' ,.` , � � . ' 7'- O� O :. O CIT� of ORONO ��a�`=� .� RESOLUTION OF THE CITY COUNCIL � �^ (=l`�,' � NO. � � u �: � : ti, '�� ' �G '�'ESSp4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /y�' day of �L�h� , 149 3 before me a Notary Public within and for said county,personally appeared �r,'�J: L�`I�'t a u�s�' �r�_ Sh e//y , � . . ; � Q�,-;�d l�own to me to be the person(s) desc bed in and who exec�uted the forego g instnunent, and acknowledged that he (they) executed the same as his (their) free act and deed. LlNDA S. VEE �iE/ /�.' (Ji�� NOTARY PUBUC - MINNESOTA NOTARY PUBLIC Trt HENNEPIN COUNTY .+y;, My commission expirea&12-9a STATE OF NIINNESOTA ) � �) 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 . . Fmn 5005 Di�k dan . , • .' ,• • ,_ .° . ; RESOLUTION # � � c'�.,�+ <;,;. STATE OF MINNESOTA ) ) COUNTY OF HENtJEPIN ) ) . CITY OF ORONO ) I Dorothy 1�. Hallin , City Clerk of the City of Orono , Hennepin County , i�7innesota , do hereby certify that 3 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 June 14 , 1993 � and that the same is a true and correct copy of said resolution was duly adop�ed by said City Council at said meeting . In Witness Whereof , I have hereunto s2�t my hand and seal this 17th , d a y o f J�me , 19 93 � . � � "1�� or thy M. allin, City Clerk �v , �� .� � sri� ` ,r.^ f�;� ��g�' �:`� S t z`, �S�r�.�� A �`D i t v141��i.,�, . .t�- � �•�''� T�'� ��i�. . " . .: 3 +'�(� b£ J �.rx � � '�� t=�!� c�;.... ' � ' � � �� 1 .� � �� s113o 0�7 �. 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