HomeMy WebLinkAboutResolution 2488 :� _
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�-'�� RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.03, SDBDIVISION 15 (F) ,
SECTION 10.03, SIIBDIVISION 9 (D) AND
SECTION 10.28, SUBDIVISIOPI 5 (B)
FILE #1317
WHEREAS, Duane & Nancy Glew (hereinafter "the applicants" ) are
the owners of the property located at 1135 Brown Road South within the City
of Orono (hereinafter "City") and legally described as follows:
Exhibit A, attached (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to
Municipal Zoning Code Section 10.03, Subdivision 15 (F? to permit the
construction of a detached garage within the street yard of their property
located 5' from the side lot line instead of 10' requiring a 5' or 50� side
setback variance, a variance to Municipal Zoning Code Section 10.28 ,
• Subdivision 5 (B) to permit the location of the detached garage 16' from
the platted County right-of-way instead of the required 50' requiring a 34'
or 68� setback variance, and a variance to Section 10.03, Subdivision 9 (D)
as the detached garage would be located 34' in front of the front line of
the principal structure instead of being placed within line of the
principal structure or behind the front line of the principal structure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
' Minnesota: �
� FINDINGS
. l. This application was reviewed as Zoning File #1317.
; 2. The property is located in the RR-1B Single Family Rural
� Residential Zoning District requiring 2 acres of dry contiguous land.
The property is sewered and consists of approximately 11,000 s.f.
3. The Orono Planning Commission reviewed this application on August
: 15, 1988 and recommended approval of the proposed variances based upon
the f o l lowing f indings:
� A) The unusual pie shaped lot and the limited a.rea of
� approximately 11,000 s.f.
; B) Location of the house on the pie shaped lot.
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��� RESOLUTION OF THE CITY COUNCIL
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C) Location of the mature trees within the side and front yards
of the property.
D) Need to preserve the existing curb cut to this severely
limited property.
E) Variations in elevation within front yard.
F) The detached structure will have no negative impact on the
property most affected by the •placement of the garage because of
the topography and the fact that the house is located 60 to 70'
from the lot line.
4. 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
variances 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 variances wauld
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 findings noted above, the Orono
; City Council hereby grants variances to Municipal Zoning Code Section
� 10.03, Subdivision 15 (F) that would permit the construction of a detached
; garage located 5' from the side property line instead of 10' requiring a 5'
; or 50� variance, a variance to Section 10.28, Subdivision 5 (B) granting a
street setback variance for the detached garage located 16' from the
platted County right-of-way instead of the required 50' requiring approval
� of a 34' or 68$ variance, and finally per Section 10.03, Subdivision 9 (D)
approves the location of the accessory structure 34' in front of the front
line of the principal structure instead of being placed at or behind the
� front line of the principal structure, subject to the following conditions:
! ' 1. Upon application of a building permit, the applicants must provide
` design information on retaining wall and a grading and drainage plan.
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� 2. The west side wall of the garage must have no openings and must be
� constructed as a fire resistant wall.
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• �N'� RESOLUTION OF THE CITY COUNCIL
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��" � 2488
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3. The applicants must notify the neighbor to the west prior to the
excavation of the west bank for the purpose of viewing the proposed
retaining wall construction.
4. Prior to the issuance of a building permit by the City of Orono,
the City must be in receipt of a letter from the Hennepin County
Department of Transportation approving the continued use of the turn-
around within the County right-of-way and existing fence being allowed
to remain.
5. The applicant shall not place any plantings within the County
right-of-way and special care shall be given to plantings within the
street yard that may create view or sighting problems along the
roadway. Such plantings should not exceed a height of 3'.
6. Authorities granted with this resolution run with the property not
with the applicants, but are permissive only and must be exercised by
application for a building permit within one year of the date of
• Council approval, or these variances will expire on that date (August
22, 1989 ).
7 . 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.
8. The undersigned applicants have read, understood and hereby agree
to the terms of this resolution and on behalf of thimselves, their
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 this 22nd "day of August,
' 198 .
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' ATT T: ,_
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' othy . Hallin, City Clerk Jame R. Gra e , Mayor
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zProperty Owner(s)
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,��`�� RESOLUTION OF THE CITY COUNCIL
��� '>�' NO. 2488 .
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this C0� day of ��-Q , 1980
before me Notary Pub ic withi nd for aid/count , perso al ly
appeared �- �JLf/�.� � GC�i�
known to me to be the person s) escrib d in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
NOTAR PUBLIC
THERESA L NAAB
• �H NNE�P N COUNTYrA
�aornmla�Jon aocplras&8-82
�'�'r'a
• MY COMMISSION EXPIRES
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 198 , 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.
{
t NOTARY PUBLIC
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�
; MY COMMISSION EXPIRES
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Resolution No. 2488
Exhibit A
That part of Government Lot 6, Section 10, Township 117, North Range 23, 1•Jest of the
5th Prir�cipal �^eridian described as follows: Commencing at a point on the East line of
said Lot 6 distant 725.02 feet South from the Northeast corner thereof; thence l•Jest at
Right angles to said East Line a distance of 258.72 feet more or less, to an intersection
with a line drawn parallel with and distant 216.69 feet Northeasterly from the center line
of C-0unty Highoiay PJo. 87; thence Southeasterly• along said parallel line to the center line � •
of County Highway' P�o.146; thence PJortheasterly and Northerly along tlie center line of
said County Highway Plo. 146 to the Point Of Beginning Except: All tl�at part of Government
Lot 6, Section 10, Township 117, Range 23, described as follo�•is: Corr,mencing at a point on
the East line of said Lot 6 distant 725.02 feet South of the tvortheast corner thereof; thence
West at right angles to said East line, a distance of 258.72 feet, more or less, to an
intersection 1-�ith a line dra�•rn parallel �•iith and Uistant 216.69 feet P�ortheasterly from the
center line of County Road No. a7; thence Southeasterly along said parallel line a distance
6f 47.95 feet; thence deflecting left an angle of 39 degrees and 45 minutes, a distance of
234.2 feet, more or less, to the ce"nter line of County 12oad PJo. 146; thence Northerly alon9
last said center line to the Point of Qeginning, according to the U.S. Government S�rvey
thereof, Hennepin .County, Minnesota. � • _ ,
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