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Home My WebLink About#3297 - variance . + , . � � ��' CITY of ORONO 0 .�� O ��;��=� ,� RESOLUTION OF THE CITY COUNCIL ' `� � � �� '� �� , '��'�✓' '�'' No. ey � � y 6 r� G~� �9k'E3H�4'� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (D) FII,E #1832 ti'VHEREAS, Scott A. Mabusth and Jeanne A. Mabusth (hereinafter "the applicants ) are owners of the properry located at 750 North Brown Road within the City of „ 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 Counry, Minnesota (hereinafter "the property"); and WHEREAS, 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 buildings are normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1832. 2. This properry is located within the LR-lA, Single Family Lakeshore Residential Zon.ing District. Page 1 of 5 Fam 5005 Disli Omro r � � . � O� O _ O CITY of ORONO ��'=� RESOLUTION OF THE CITY COLJNCIL �� ' - 1� r�l �� ,� {S' - ,� �� :� �,;:i �, N0. �� ° ;�}` ti , ��9,�� og�G Es8 3. The Orono Planning Commission reviewed this application on June 21, 1993, and recommended approval based on the followin� findings 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 i.mmediate 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 wittun the footprint of the eYisting 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 line. 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 properry specifically evergreens, provide year round screening from adjacent properties. G. The placement of the shed is consistent with the pattern 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. Page 2 of S form 5005 Di�M Orom , .�,�� . �' ��' CITY of ORONO O_�,� O _ �-�;"�,�,�=� RESOLUTION OF THE CITY COUNCIL �„� '�� y a� �r:t a' _ ,� � :y.�; '��' �, N0. o� � ce r� ., r`� '�, ��9�� og�G EsH 5. The City Council has considered this application includin� the findings and recommendations of the Planning Commission, reports by City 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 fmds 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 findin�s, the Orono City Council hereby grants a variance to Municipal Zoni.ng 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 property, 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. Page 3 of 5 � Fam 5005 Disk Orono ' •. �.�• , � ��' CITY of ORONO O_., O ��"��'� RESOLUTION � THE CITY COUNCIL 9�� '�# ;= � ?1 .�� NO. � � ' - ' : �r,(�_ ,ti '�� , ��G �kEsKo4L Adopted by the Orono City Council on this 28th day of June, 1993. A EST: I `Y�-1. . � Dorothy . H llin, City Clerk Edward J. �Y1ahan, Jr., Mayor ` Property Owner(s) � STATE OF MIl�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. ��J CARpLE�, �.�qSE�N Notary Public H N� �� MM�bN EXPIRES&2ygg Page 4 of 5 Fmn 5005 Di�M Orono . ��,' r �' ��' CITY of ORONO O ;_, O ��:�'�,�=� ,� RESOLUTION OF THE CITY COUNCIL � }��'�� NO. � � -� �, :�� .� r ti '�'�� g�G EsH STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �� day of J u�e , 199 3 before me a Notary Public within and for said county,personally appeared ,f c a ft fl • /Yla hu5fh a�t2c� �Te a n h-z � M a hc<5 �h M u��t� �o�'n to me to be the person(s) described in and who executed t h e f o r e g o i n g i.n s t r u ment, and acknowled ged that he (they) executed the same as his (their) free act and deed. LINDA S. VEE �� ,� � v �JOTARY PUBLIC - MINNESOTA �� `� � r.�•;� �N co��•�T•r NO A.RY PUBLIC �,�<',� j; 'i-1?-?Fi � a.�. y _>�..r.�_-.��-..-.l�. �r.-... 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 � Form 5005 Disk Orono