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HomeMy WebLinkAbout#3372 - variances �' ��' CITY of ORONO O_ �� O �:���� RESOLUTION OF THE CITY COUNCIL � ' �''I � D+ � � � -� ,� �� �'�� �, N0. e� e� ,� ; � e';`� ti �9� �'+'�� g�'G kESH� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (D) A.i�1D SECTION 10.28, SUBDIVISION 5 (B) FILE NO. 1889 WHEREAS, Rodney J. Batzlaff (hereinafter "the applicant") is the owner of the property located at 1115 Brown Road south within the City of Orono (hereinafter "the City") and legally described as follows: Refer to Exhibit A, attached (hereinafter "the property"); and VVHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to allow a detached garage to be constructed 42' in front of the front line of the principal structure, and a variance to Section 10.28, Subdivision 5 (B) that would allow the structure to be placed 23.1' from front street lot line instead of the required �0'. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File �1889. 2. The property is located in the RR-1B Rural Residential Single Family Zoning District requiring two acres in area. The property consists of approxunately 14,824.25 s.f. or .34 acres. 3. The Orono Planning Commission reviewed this application on November 15, 1993 and recommended approval of the proposed variances based upon the following hardships and unique findings: A. 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 requiring the removal of the only mature trees on property. � Page 1 of 5 Form SWS D�s1( � �`�' CITY of ORONO O �� O �a::��.-�� � RESOLUTION OF THE CIT'Y COUNCIL . � `�� � � ., No. 3 � ., � ���� '. ;-� ti - t�t'� , ��, ti '�� � �,.�o kE8H�4`' C. The proposed location of the garage in the street yard is consistent with the pattern of development for accessory structures within this neighborhood. D. The .34 acre parcel is required to be developed under two acre zoning standards. E. The proposed improvement does not exceed the lot coverage allowance for structural unprovements proposed at 1,802.4 s.f. or 12.5%. 4. 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right 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 includina 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 communiry. CONCLUSIONS, ORDER AND COi�tDITIONS Based upon one or more of the findings 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. Prior to the footing inspection for the proposed detached garage in street yard, applicant shall relocate accessory shed in rear yard to meet required 10' side setback. 2. Proposed detached garage shall meet the required 10' side yard setback and applicant shall provide natural plantings along south side of structure to minimi�e unpact upon residence to south. Page 2 of 5 ��.�a¢�� � ��' CITY of ORONU O ,. O ,�, �a',.��,-�> RESOLUTION OF THE CITY COUNCIL � �_,���-.> � � � � c�, � �� 5y'�� �, N0. � �'� � G~ t9kESHo4`'� 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 (December 13, 1994). 4. 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. 5. The undersigned applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of himself, his 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 regular meeting held on the 13th day of December, 1993. A ST: � , orothy M. in, City Clerk ward J. Calla n, r., Mayor � � " Pr erty ne (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of � December, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � v�� . LINDA S. VEE — � . NOTARY PUBLIC - MINNESOTA Np� PL1b11C ^ �`� HENNEPIN COUNTY ���y MY comrnisslen exp�res &12-98 Page 3 of 5 Fam 5005 Disk P� �' ��' CITY of ORONO O_�� O '�;�.��,-�> � RESOLUI'ION OF THE CITY COITNCIL � �'� � NO. � � � c-� � � �J'�-� � ����� ' ���G Es8 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 3%� day of c�n U��� , 199�before me a Notary Public within and for said county, personally appe �ed o d n e • - <<f z��-�� ry)lc/'r,�c'�f known to me to be the person(s) described in and who executed the fore�oing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. � ,;..,� �r:��.� s. �-r� �n�`z' ,4. ��� 1�'�" �;c��aY PUBLiC - MINNESOTA NOTARY PUBLIC ��-~'ti_:-:: hE��ar;E�iN c;ouriT�r ^ i;�'_'_ My co;nrr�issian expires &12-96 �_"_',-� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this y�' day of , 199 �before me a Notary Public within and for said county, personall ppeared known to me to be the person(s) described in and who execu foregoin� instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. . JAMIE L BOSMA � � << • NpTAAY PUBl1C-MINNES07A n � ��:���� e-�.: HQ,�EpIN COUNiV (t�s My�,n.6cpires�2-19-st jvp��y PUBLIC Page 4 of 5 Far�5005 DisY ds � � o �' �' CITY of ORONO O_ ,� O �����=> � RESOLUTION OF THE CITY COITNCIL � j���. ''� F ! �':�� ti N0. �� � �' `� �� ��� ��� � z��; ' 'g�� kEsBo EXHIBIT A All tl�at part of Government Lot 6 , Sectioi� 10 , To�•rr�sl� ip 117 , Range 23 , de- scribed as fol lovrs : 'Uegi�nning at a point on tl�e East 1 ine of said Lot 6 di stant 725 . 02 feet Souti� of ti�e Plortl�east corner tf�ereof ; i;lience l�lest at ric�l�t ar�gles to said East line , a distance oF 25� . 72 feet , more or less . to an intersection ��itl� a line dra��rn �arallel �rith anci distant 216 . G9 feeL Plortlieasterly from tl�e center l ine of County Roacl No . B7 ; tl�ence Soutl�easL- erly along said parallel line a distance of 47 . 95 feet ; thence defleci: ing left an �ngle of 39 cle�rees and 45 minutes a distance of 234 . 2 feet , more or 1 ess , to tl�e cen ter 1 i ne o f County Road Pdo . 1 46 ; tllence Norti�er 1 y a 1 ong last said center line to tl�e point of bec� i. nning, Hennepin County, Minnesota. , Page 5 of 5 F�.�W+�.