HomeMy WebLinkAboutReso #3297 , �., .
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A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (D)
FILE #1832
VVHEREAS, Scott A. Mabusth and Jeanne A. Mabusth (hereinafter "the
applicants ) are owners of the property located at 750 North Brown Road within the Ciry of
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Orono (hereinafter "City") and legally described as follows:
That part of Govemment Lot 1, Section 34, Township 118 North, Range 23 West of the
Fifth Principal Meridian described as follows: Commencing at a point on the west line
of Government Lot 1 distant 133.00' south from the northwest corner thereof; thence
continuing south along said west line 458.70'; thence east at right angles 344.14'; thence
north at right angles to the southerly line of Registered Land Survey 1275; thence
westerly along said southerly line of Registered Land Survey 1275 to the point of
beginning; all in Hennepin County, Minnesota (hereinafter "the property"); and
W�REAS, 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 an accessory
building to be located nearer the front lot line than the principal residence structure on the
property, where no accessory buildi.ngs are normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. T'his application was reviewed as Zoning File #1832.
2. This properry is located within the LR-lA, Single Family Lakeshore Residential
Zoning District.
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3. The Orono Planning Commission reviewed this application on June 21, 1993, and
recom.mended approval based on the followin� fmdings of fact, hardships, and
practical difficulties:
A. The topography drops severely to the rear or east of the residence
structure.
B. The more gentle sloped area to the immediate north side of the residence
is occupied by a wild flower garden originally designed and planted by
Edmond Phelps.
C. The proposed shed shall be placed within the footprint of the existing shed
on the property, and will not require the removal of existing mature trees.
D. The street setback for the zoning district is 50'. The residence is located
162' from the street lot line, and the proposed structure will be placed
146' from the street lot li.ne.
E. The existing and proposed sheds are placed in a strategic or functional
location, adjacent to the work yard and gravel driveway.
F. The mature plantings on the property spec�cally evergreens, provide year
round screening from adjacent properties.
G. The placement of the shed is consistent with the pattem of development
of the older established properties adjacent to North Brown Road.
4. Moving the proposed shed location further east to meet the residence structure
setback would place the shed in a drainageway that drains the driveway area.
Further, the existing screening is of a location and nature such that the shed will
have no visual impact, will not be obtrusive and will be virtually invisible from
the road and neighboring properties in all seasons.
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Form 5005 Oisk Ororo
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� ��' ITY of ORONO
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5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by Ciry staff, comments
by the applicants and the effect of the proposed variance on the health, safety and
welfare of the community.
6. 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 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 City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a variance
to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit the construction of a
10'x16' accessory shed located nearer the front lot line than the principal residence building on
the properry, subject to the following conditions:
1. Authorities granted by this variance run with the property not with the owners,
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 28, 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
properry.
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form5005 DiskOrono
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� ��' CITY of ORONO
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Adopted by the Orono City Council on this 28th day of June, 1993.
A EST:
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Dorothy . H llin, City Clerk Edward J. �xlahan, Jr., Mayor
Property Owner(s) �,
STATE OF MII�tNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of June,
1993, 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.
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�qq�� �E�N Notary Public
NO�pUB1�NTMTA
MY COAiMISSION EXPIRES 9-2}98
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fomi 5005 DisM Ororo
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�' ��' CITY of ORONO
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��i`��' RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �� day of J une , 199 3 before me a Notary
Public wit�un and for said county,personally appeared Sc o ft r4 • /Yla f u5fh ��� •T�����
� /Y l a hcc 5 �h�. M u�/'��� �own to me to be the person(s) described in and who executed
t h e f o r eg o i ng i n s t r u m ent, and acknowled ged that he (they) executed the same as his (their) free
act and deed.
LINDA S. VEE �� ,� (/ .ei
v �JOTARY PUBLIC - MINNESOTA
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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
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