HomeMy WebLinkAboutResolution 5628144
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CITY of ORONO
RESOLUTION OF TrJI[[ Y�COUNCIL
NO.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 78-1435
FILE NO. 07-3288
WHEREAS, Michael Wengler and Gitte Wengler, husband and wife (hereinafter
"the applicants") are the owners of the property located at 2420 Fox Street within the City of
Orono (hereinafter the "City") and legally described as follows:
Lot 12 of Auditor's Subdivision No. 229, Hennepin County, Minnesota
(hereinafter the "property"); and
WHEREAS, the applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1435 to allow additions to existing
accessory buildings resulting in an oversized accessory building situated between the principal
structure and the front (street) lot line.
Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File 07-3288.
2. The property is located in the RR -113, Rural Residential Zoning District which
requires a minimum lot area of 2.0 acre and a minimum lot width of 200'.
3. The Planning Commission reviewed this application at a public hearing held on
May 21, 2007 and recommended approval of the setback variance based on the
following findings:
a. The property contains 370,109 s.f in area and has 379' in width at Fox Street.
b. The setback variance as requested will not negatively impact views of the
property and cannot be seen from the street. The proposed use of the
accessory structure will not be detrimental to the residential character of the
neighborhood.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
c. The proposed addition will join two existing accessory buildings.
d. The proposed structure complies with all front yard, side yard, and rear
(street) yard setback requirements.
e. The oversized accessory building is conforming in size and height.
f. The applicants have agreed, as part of this resolution, to enter into a covenant
that disallows use of the accessory building for a home occupation, dwelling,
or rental/lease of the building as a dwelling.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments by
the applicants and the public, and the effect of the proposed variance on the
health, safety and welfare of the community.
5. 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 one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-1435 to allow additions to existing
accessory buildings resulting in an oversized accessory building situated between the principal
structure and the front (street) lot line, subject to the following conditions:
Council approval is based on the building plans and site plan submitted by the applicants
and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments
to the site plan which are not in conformity with City codes will require further Planning
Commission and City Council review.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5628
2. Authorities granted by this resolution run with the property not with the applicants, but
are permissive only and must be exercised by obtaining a building permit for the new
construction within one year of the date of Council approval, or the variance will expire
on that date (June 11, 2008).
3. Applicants must submit a revised survey with the building permit application which
meets the City Engineer's recommendations.
4. The applicants hereby agree by executing this resolution and covenant that the accessory
building that is the subject of this resolution will not be:
a. Used for a home occupation unless specifically approved by the city or if allowed
by this Code.
b. Used as a dwelling unless a guest house conditional use permit is obtained.
c. Rented, leased or otherwise provided for use as a dwelling under any
circumstances.
The applicants acknowledge that this covenant shall be binding upon current and future
owners of the Property, and shall be filed within the chain of title of the Property.
5. 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.
6. The undersigned applicants have read, understand and hereby agree to the terms of this
resolution and on behalf of the applicants and the applicants' heirs, successors and
assigns, hereby agree to the recording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on the 11th day of June, 2007.
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Linda S. Vee, City Clerk/
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY ®f ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 75'62„_
J s M. White, Mayor
This instrument was acknowledged before me this 43d y of 2007 by
Michael Wengler, husband of Gitte Wengler.
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
This instrument was acknowledged before me this f3 day ofy� c cam—, 2007 by
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CERTIFICATE OF SURVEY FOR
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OF LOT 12, AUDITOR' S SUBDIVISION NO. 229
HENNEPIN COUNTY, MINNESOTA
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