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Home My WebLink AboutResolution 5804 Doc No A9327663 Certified filed and/or recorded on 3/2/09 12:00 PM Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Jill L. Alverson, County Auditor and Treasurer Deputy 14 Pkg ID 517076 Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1435 FILE NO. 09-3389 0 0 C ITY of ORONO ti RESOLUTION OF THE CITY COUNCIL �kESH0 NO. _ 5804 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1435 FILE NO. 09-3389 WHEREAS, John W. Young and Lynn E. Young, husband and wife (hereinafter "the applicants") are the owners of the property located at 4355 Chippewa Lane within the City of Orono (hereinafter the"City") and legally described as follows: That part of the South Half of the Northwest Quarter of the Southeast Quarter, Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian which lies west of the East Quarter thereof and east of the West 421.70 feet thereof and north of the railroad right-of-way, EXCEPT the East 10.00 feet thereof, ALSO EXCEPT the North 368.00 feet of the West 314.50 feet of the East 324.5 feet thereof, 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 an existing detached garage to remain, in its current location, between the street and the proposed home. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 09-3389. 2. The property is located in the RR-IA Rural Residential Zoning District which requires a minimum lot area of 5.0 acre and a minimum lot width of 300'. 3. The Planning Commission reviewed this application at a public hearing held on January 20, 2009 and recommended approval of variances based on the following findings: a. The property contains 223,145 s.f. in area and has 245' in width along Chippewa Lane. Page 1 of 4 O � CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL `�xESiiO4' NO. 580 / b. A residence and accessory structures have existed on the property for many years. The oversized barn is covered under an existing Oversized Accessory Structure Agreement which was filed against the property. c. Although it is located ahead of the new home, the existing detached garage is located 235 feet from Chippewa Lane and will not negatively impact the current streetscape. d. With the exception of the requested variance for location ahead of the principal building, the garage complies with all front yard, side yard, and rear yard setback requirements. e. The two smaller accessory buildings along the west property line will be removed. 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 the existing detached garage to remain located between the street and the proposed home, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan Page 2 of 4 0 0 CITY of ORONO ti ti RESOLUTION OFT E ITY COUNCIL ESTI which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Required removals of the two accessory buildings to be removed shall be completed prior to issuance of the Certificate of Occupancy for the new residence. 3. 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 (January 26, 2010). 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 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 26th day of January, 2009. ATTEST: Linda S. Vee, City Clerk es M. White, Mayor 6e)*X Preply Ow ) Page 3 of 4 o,�,. 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL SII0 NO. 5 R n A STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this/q day of—J4 , 2009 by John W. Young, husband of Lynn E. Young. MONICA A. FADNESS NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2012 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN 3rci This instrument was acknowledged before me this day of �`'l b , 2009 by Lynn E. Young, wife of John W. Young. RACHEL DODGE < 'r NOTARY PUBLIC-MINNESOTA Notary Public My Commission Expires Jan.31,2010 Page 4 of 4 LL � — -�--- a I w mi z Ln U Z W A I \ 1 0. tj I \ 1 rp I I w m In n v- I IGO Z0'69£ :3 .040- 0 S / ! \\ \ I o l ---------_---- ow --- Luu y OLL 02 Il1z ° -1 16(nLJ;: gal z�z O 3Egoo EDz(% 03m ° -�/�- N z,``-. \\ \\I U) ` q t r ' LO A. � I v I 1 1 —_� 1....-...: x�a .,••�.. o sem. _ \ \ 1 i I ? Oaug LLJ ) 1\ aya oil Y wZ� I \\ g • . . Odcoa IL II I W �- - —. _. , °� } 1z ! \ I i Io H04 Y \ ` - J I STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed Administrative Support Assistant of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on January 26th, 2009 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such Administrative Support Assistant and the Corporate seal of the City this o.1,5f"day of P , 2009. tf Monica Fadness, Administrative Support Assistant i .a •. w r i ! jl r � fc 4e