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Home My WebLink About#3438 - variances � O�' CITY of ORONO o ,�, o '�:��.�> � RESOLLTTION OF THE CITY COUNCIL � ��J�� ti No. � 4 � � � � ��,�^ Gti L9�E8'H g'�i A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (D) A1VD SECTION 10.28, SUBDIVISION 5 (B) FII.E NO. 1928 �VHEREAS, Suzanne K. Wacker (hereinafter "the applicant") is the owner of the property located at 1115 Brown Road South within the City of Orono (hereinafter "the Ciry") and legally described as follows: refer to E�ibit A, attached (hereinafter "the property"); and `�'I�REAS, the applicant has applied to the City for variances to Municipal ZoninQ Code Section 10.03, Subdivision 9 (D) to allow a detached garage to be constructed 40' in front of the front line of the principal structure, and a variance to Section 10.28, Subdivision S (B) that would allow the structure to be placed 23.1' from the front street lot line instead of the required �0'. NO«', THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FTivDINGS l. This application was reviewed as Zonin� File #1928. 2. The property is located in the RR-1B Rural Residential Sinale Family Zoning District requiring two acres in area. The property consists of approximately 14,824.25 s.f. or .38 acres. 3. The Orono Planning Commission reviewed this application on May 16, 1994 and recommended approval of the proposed variances based upon the following hardships and unique findings: �,. The unique shape of the lot prevents structure from being placed adjacent to principal structure. B. Insufficient width to allow an access drive to rear of property without requirinQ the removal of the only mature trees on the property. Page 1 of 4 �«m soos o�:. / • � ��' CITY of ORONO O :. O �. �;��.-�, � RESOLUTION OF THE CIT'Y COLJNCIL � � �'� � �► No. 3 4 3 8 � � � �''�� ti � G �t�q�� , �g,� EsH C. Proposed location of the garaQe in the street yard is consistent with the pattern of development for accessory structures within this neighborhood. D. The .38 parcel is required to be developed under two acre zoning standards. E. The proposed improvement does not exceed the lot coverage allowance for structural improvements proposed at 1882.4 s.f. or 12.6% where 15% is allowed. 4. The City Council finds that the conditions existinQ on this property are peculiar to it and do not apply generally to other property in this zoning district; that grantinQ the variances 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 difficulty; is necessary to preserve a substantial property riaht 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 Ciry staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER ��'D CONDITIONS Based upon one or more of the findin�s noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 9 (D) and Section 10.28, Subdivision 5 (B), subject to the following conditions: 1. At the time of the final inspection for the proposed detached garage in the street yard, the applicant shall obtain a demolition permit for the removal of the accessory shed in the rear yard: 2. The proposed detached garage shall meet the required 10' side yard setback and applicant shall provide natural plantinas along south side of structure to minimize impact upon residents to south. Applicant shall provide a planting schedule upon application for building permit. Page 2 of 4 ' Fam 5005 Uri C- �' ��' CITY of ORONO O : O �S;'�:��.-�> � RESOLUTION OF THE CITY COLTNCIL � , ��;�'� � No. 3 4 3 � ,�, ' '�� Gti � t9kEsHo�'� 3. Authorities granted by this variance run with the property not with the applicant, 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, 13, 199�). � 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoninQ code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersi�ned applicant has read, understands and hereby a�rees 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. Adopted by the City Council of the City of Orono, Minnesota at a re�ular meeting held on the 13th day of June, 1994. AT ST: �� , Dorothy M. a in, City Clerk Edwar J. Callahan, Jr., Mayor Gabriel Jabbour, Acting Mayor , _ ; �� % K. �U;� ~�� i � ro erty Owner (s) �� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of June, 1994 by Ed��'�.��11��bR�u�nd Dorothy M. Hallin,�'��`�a��ed on behalf of the Orono, a Minnesota municipal corporation and said mstrument City. ' A S. VEE �� ' ..T.� LIND ""�"' Np7ARY PUBUC - MINNESOTA ,��r�, No ry Public „..;� HENNEPIN COUNTY �^y,' ti1y commisslon e�Wlrea&12-88 Page 3 of 4 � Form 5005 Ois• � ��' CITY of ORONO O :. O - \-.��,_, � RESOLUTION OF THE CITY COUNCIL a �'�f.��-�, � No. �� 4 3 f� � ��' E� � �G ��, g kE3�I� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this / 3� day of j un� , 199 � , before me a Notary Public within and for said County, personally appeared Sc�zun n�-K u/�ck��- �a�%d �h'�y �o n arf' to me to be the erson(s) described in and who executed the foregoin� instrument, andl ' �s a� known P o u.�ne acknowledged that he (they) executed the same as his (their) free act and deed. t1�e P��y %M,�� LINDA S. VEE ��Q, � ��QIZi NOTAP.Y PUOLIC - MINNESOTA ��-> NE�NEPiN couNn Notary Public � n comKdssion explres &12-98 .�� MY 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 Paae 4 of 4 Fam 5005 DisY r. . . . , ' EXHIBIT A �11 tl�at part of Government Lot 6 , Sectioi� 10 , To��nsliip 117 , ftange 23 , de- scribed as fo11o4rs : '(3egi•nning at a poi ��t on ti�e East line of s� id Lot 6 distant 725 . 02 feet Soutli of the Plor �l�east corner thereof ; thence 1•test at rigl�t arigles to s� id East Iine , a distance of 258 . 72 feet , more or less . to an i ntersect i on ti� i tl� a 1 i ne dra��in (��ra 1 1 e 1 Sr i th and d i stant 21 6 . 69 fee L Piortl�e� sterly from the center l ine of Coui�ty Ro�cl No . B7 ; thence SoutheasL- erly along sald parallel line a dist�nce of 47 . 95 feet ; tl�ence deflec�: ing left �n angle of 39 clegrees �r�d 45 minutes a clistance of 234 . 2 feet , more or less , to tl�e center 1 ine of County Road Plo . 1 �6 ; tl�ence Nortlierly along last said center line to tl�e point of he� inning, Hennepin County, Minnesota.