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Home My WebLink About#3734 - variance � o� 0 0 ��. - C ITY of ORONO � � �� ,'� RESOLUTION OF THE CITY COUNCIL ��kESH04��' NO. e3 � `�' L� A RESOLUTION GRANTING A VARIANCE TO �'IUNICIPAL ZONI�G C011E SF'CTION 10.03, SLIBDIVISION 6 (D) �+ILE �'O. 2i-#1 �VHEREAS, Roberta Jean Roth (hereinafter "the applicant") is the o«ner of the property located at 12�1 Briar Street �vithin the City of Orono (hereinafter "the City") and le�ally described as follows: Lot 1 and north half of Lot 2, Block 3, Crystal Bay Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and «'HER�AS, the applicant has applied to the City for a �•ariance to Municipal 7_oning Code Section 10.03, Subdivision 6 (D) to perniit construction of a 16' x 20' detached ��arage to be located 2' from the side street line instead of the required 10'. ivOW, THEREFORE, BF. IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was revie�ved as Zonin� File #2141. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District requirina two acres in area. The property consists of 10,�00 s.f. 3. The property is also located �vithin 500' of a natural environment lake, French Lake. The propert}' is subject to hardcover and setback regulations for properties located �vithin �00-1,000' of the shoreline of protected lake. 4. The Orono Planning Conunission revie�eed this application on June 17, 1996 and recommended tinanimous appro�•al of the proposed variance based upon the followin� unique findinas and hardships: Pa�e 1 of 5 � o� 0 0 ��a..- CITY of ORONO � � �� L'� RESOLUTION OF THE CITY COUNC�L �9kESH�4� N0. 3 � � 4 A. The garage ��-ill be located adjacent to an unimpro`�ed dead end ri�ht-of- �vay not maintained by City. B. The section of unimproved roadway currently serves as a shared drive for t�vo adjacent properties and is, for the most part, grassed over. C. To place the structtire and access drive fiirther south in rear yard to meet required 10' setback would result in the loss of mature trees. D. It is the applicant's desire to preserve as much of their limited grassed }�ard as possible. E. The structure ��ill have no visual impact upon the surrounding properties. F. The residence to the south is located 60+' from the proposed garage. G. The property is not served by a gara�e. �. The City Council finds that the conditions e�isting on tliis property are peculiar to it and do not apply generall}� to otller property� in this zonin� district; that granting the variances would not adversely affect traffic conditions, libht, air nor pose a fire hazard or other danger to neibhboring property; �vould not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difticulty; is necessary to preserve a substantial property ri�ht of the applicant; and «�ould be in keepin� with the spirit and intent of the Zoning Code and Compreliensive Plan of the City. 6. Tlie City Council has considered this application including the findin;s and reconunendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and «�elfare of the community. Page 2 of 5 � o� 0 0 -0b_ - CITY of ORONO � � � �'� RESOLUTION OF THE CITY COUNCIL t9kESH�4��' NO. a`3 �� d CO\'CLUSIONS, ORDER A\D CONDITIONS Based upon one or more of the above unique findings and hardships, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 6 (D) to pernlit the construction of a 16' x 20' sinyle stall detached gara�e �vithin the rear yard of the property granting an 8' or 80% side street setback ��ariance, subject to the following conditions: 1. Prior to the City issuing a building pernlit for construction of garage, applicant shall ha��e applied for the legal combination of Lot 1 and the north half of Lot 2, Block 3, Crystal Bay Minnetonka. 2. Autliorities granted by this variance run with the property not �vith the applicant, but are permissive only and must be eYercised by application for a building permit within one year of the date of Council approval, or this variance �vill eapire on that date (June 2�, 1997). ;. Violation of or non-compliance with any of the terms and conditions of this �-ariance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersi�ned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Paje 3 of 5 .�, 0,�. O O �e. - CITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL L�kESH�� NO. c3 '� � Adopted by the City Council of the City of Orono, ��linnesota at a rebular meetin� held on the 24th day of June, 1996. AT" EST: � �, �. . � ; G , f �� orothy ��I. �alli , City Clerk Edward J. Callah n, Jr., Mayor G / .�� `.7 /� l l N `Lvri��_ , (/G / Property Owner (s) � STATE OF MII��TESOTA ) ) ss. COIJNTY OF HEi�1NEPI�1 ) The foregoing instrument �vas acicno�vledged befare me on this 24th day of June, 1996 by Ed�vard J. Callahan, Jr. and L�orothy M. Hallin, Ma��or and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument «�as eYecuted on behalf of the City. ��<��.� +y - � : .�" , �i a JAM�E L.BOSMA ; `;"/ : ` � '�,� �`"N ��;; NOTARY PUBLIC-MINNESOTA Notary P�ublic ' HENM1EPIN COUNTY .�`-��•�� My Commission Expires Jan.31,2000 , Page 4 of 5 � o� 0 0 ��b: - CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL t9kESH�� NO. � i � �: STATE OF �1INNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ';' � ,' �� day of � �� r_�—%.�. ._ , 199'., before me a Notary Public�vithin and for said county,personally a�ppeared �-;� !�,��-!, ;;,,., , � �"�� ;�:�, � �, �; ;, r�,_ known to me to be the person(s) described in and who exeeuted the foregoin; instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. i;� °'` JAMIE l.BOSMA � ,,-�� c. � �_ , r,c_.,�� NOTARYPUBLIC-MINNESOTA NOTARY PUBLIC � ��,�^,`; � HENREPIN COUNTY �`,��_�, ^My Commission Expires Jan.31,2000 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 foregoinQ instrument, and acknowled�ed that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Paje 5 of 5