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Home My WebLink About#3138 - variqances � o� 0 0 �b- - C ITY o� ORONO � � � �� ,'�' RESOLUTION OF THE CITY COUNCIL �9kESH�4� N0. 313 8 A RESOLIITZON GRANTING VARIANCES TO MIINICIPAL ZONING CODE SECTION 10.03, SDBDIVISION 9 (D) , SECTION 10.03, SDBDIVISION 15 (F) AND SECTION 10.28, SUBDIVISION 5 (B) FILE #1741 � WH$REAS , Rodney J. Batzlaff and Shanon K. Batzlaff (hereinafter "the applicants") are owners of the property located at 1115 Brown Road South within the City of Orono (hereinafter "Cit'y") and legally described as follows: Refer to Exhibit A attached. (hereinafter "the property") ; and WHBREAS , the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to allow a detached garage to be constructed 42' in front of the fron� line of the principal structure, a variance to Section 10.03 , Subdivision 15 (F) that would allow the detached structure to be placed S' from the side lot line instead of the required 10' and a variance to Section 10.38, Subdivision 5 (B) to allow the structure to be placed 23.1' from front/sti-eet lot line instead of the required 50 ' . NOW, THBRBFORE, BB IT R$SOLVED by the City Council of Orono, Minnesota: FINDINGS 1 . This application was reviewed as Zoning File #1741. 2 . The property is located in the RR-1B Rural Residential Single Family Zoning District requiring 2 acres in area. The property consists of approximately 14,824.25 s.f. or .34 acres . Page 1 of 5 � o� 0 0 �b- - CITY of ORONO � � ti �� ,'�' RESOLUTION OF THE CITY COUNCIL t9kESH�4� NO. 313 8 3 . The Orono Planning Commission reviewed this application on June 15, 1992 and recommended approval of the proposed variances based upon the following hardships and findings: a. The shape of the lot prevents structure from being placed adjacent to principal structure. b. Insufficient barrier to allow an access drive to rear of property without requiring the removal of the only mature trees on property. 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 2 acre zoning standards . e. The proposed improvement does not exceed the lot coverage allowance for structural improvements proposed at 1, 802 . 4 s . f. or 12 .15$ . 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 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. Page 2 of 5 � °� 0 0 �b. - C ITY of ORONO � � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESHOg'� NO. 313 8 5 . The City Council has considered this application including 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. CONCLIISIONS, ORDgR AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.03 , Subdivision 9 (D ) , Section 10.03, Subdivision 15 (F) 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, applicants shall relocate accessory shed in rear yard to required 10' side setback. 2 . Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by app 1 ication for a bui lding permit within one year of the date of Council approval, or this variance will expire on that date (July 13, 1993 ). 3 . Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4 . 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 property. Page 3 of 5 � o� 0 0 �-b- � C ITY o� ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCiL �`9 4'�' NO. 313 8 kESH� Adopted by the Orono City Council on this 13th day of July, 1992. ATTE . � I . orothy allin, City Clerk Barbara A. Peterson, Mayor % � , ��,?-�� w �i ��. � �. - � R dney J./�at;"laff ✓ ' / ��►��► K. Batzlaff ` Pro�erty �a �r(s ) � �� Shanon � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of July, 1992 , by Barbara A. Peterson & 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. o ••. JAMIE L.BOSMA ��. ` ' NpTARY PUBUGMINNESOTA �'\ , ' HENNEPIN COUNTY �. ��,(�;:�' ��.,-� �y��-5�1�'-� •'-;.,..�°� MyCanm.Expiresl2-19-97 Not,�ry Public f..� . �....�:'l� .. Page 4 of 5 . • � O� O O �.b- � CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. 313 8 STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On thi s a r) � day of ��t ��/ � 19 9 �- before me a, Notary Public within� and for aid county, personally appeared ({��q�r� w � i , c>-t' z �<.c -t-f ; m:�r�-�� known to me to be the person(s ) d�cribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. LINDA S. VEE " . ` ! NOTARY PUBLIC - MINNESOTA ,��`�� /' �' HENNEPIN COUNTY • ` �� .�; My commission expires �-t2-96 N TA� Y PUBLIC a -- STATE OF MINNESOTA ) )ss. COUNTY OF FiENNEPIN ) i On this „�' '��h day of ��t/ , 199,2, before me a Notary Public within and for said County, personally appeared ��,,�,� ��, �1��, ��.�' ,,,,,�,-�, ��' known to me to be the person(s) described in and who executed the foregoinginstrument, and acknowledged that he ( they ) executed the same as his (their) free act and deed. ` � -12��._% � l/��_ LINDA S. VEE NOTARY PUBLIC Y � NOTARY PUBUC - MINNESOTA i HENNEPIN COUNTY -_�� My commissian expires 8-12-98 S _ Page 5 ot 5 � o� 0 0 ��d-_� CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL t�kESH�g'� NO. 313 8 EXfiIBIT A /111 that part of Government Lot 6 , Sectioi� 10 , To��nship 117 , Range 23 , de- scribed as follo��s : �(3egi�nning at a point on the East line of said Lot 6 distant 725 . 02 feet Soutli of the �Jortl�east corner thereof ; �;hence I�lest at right �ngles to said East line , � (J1StclflC� oF 258 . 72 feet , more or less . to an i n tersect i on 1�ri tl� a 1 i ne dra�•�n �ara 1 1 e 1 �� i th and d i stant 216 . 69 feet PJorthe� sterly from the center line of County Road No . B7 ; thence Soutl�easl:- erly along said par� llel line a dist�nce of 47 . 95 feet ; tl�ence deflecting left an �ngle of 39 dec�rees c1f1CI 45 minutes �� cJistance of 234 . 2 feet , more or less , to the center line of County Ro�d PJo . 1 �16 ; thence Nortl�erly alony last said center line to tl�e point of f�ec� innir�g, Hennepin County, Minnesota.