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Home My WebLink AboutResolution 3189 O O CITY of ORONO a � RESOLUTION OF TH8E9CITYCOUNCIL �kE3H0�' NO. 1 A RESOLUTION GRANTING AFTER-THE-FACT VARIANCES TO , MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (A) AND SECTION 10.23, SUBDIVISION 6 (B) FILE #1761 WHEREAS, Mark Hunsley (hereinafter "the applicant") has an �► interest in the property located adjacent to his residence at 3464 Eastlake Street within the City of Orono (hereinafter "City"). Said property is legally described as Qutlot B, Batyside Beach, Hennepin County, Minnesota (hereinafter "the property")and is own`ea--jointly by the adjacent property owners at 3424, 3444, and 3464 Eastlake Street; and WHEREAS , the applicant has made an after-the-fact application to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (A) to permit the construction of an accessory structure on a property with no principal structure where no such accessory structure is normally allowed, and a variance to Section 10.23, Subdivision 6 (B) to allow the accessory structure to be located 5.9' from the side street lot line where a 50' side street setback would normally be required for an accessory structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1761. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 21, 1992 and recommended approval of the proposed variances based upon the following findings: a) The applicant constructed the 121x16' storage shed without obtaining the necessary permit and variance approval. TRANSFER ENTERED DEPT,OF PROPERTY TAX&PUBLIC RECORDS Page 1 of 5( 6 AUG 9 1993 IN C TY MINN. B1 UTY 0�k 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL sH 0 NO. 3189 b) The storage shed is located on an outlot that was created within the plat of Bayside Beach for the purposes of providing road access and a site for a graywater sewage treatment system to serve the residences at 3424, 3444 and 3464 Eastlake Street. c) Although the resolution approving the subdivison of Bayside Beach and the creation of Outlot B does not specifically prohibit structures within said outlot, the municipal code prohibits placement of accessory structures on a property without a principal structure. d) In this specific case , the use of the outlot is sufficiently controlled by the three immediately adjacent property owners who jointly share in ownership of the outlot, such that the concerns of property maintenance and security are sufficiently satisfied to justify granting of a variance to allow an accessory structure on the property. e) The 121x16' storage shed as constructed is located 5.9' from the street lot line, but is suitably screened by existing vegetation and a nearby fence such that the shed is not out of character with the neighborhood nor does it constitute a visual encroachment. Further, moving the structure to meet the required 50' setback would place it in an area where sufficient screening does not exist and is not easily developed. Further, while the existing location of the shed is partially within the 10' drainage and utility easement along the street lot line, the temporary nature of the shed structure would allow it to be moved should it at some future date be in the way of any utility work. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of � 6 0 0 CITY of ORONO 4 RESOLUTION OF THE CITY COUNCIL 04�G NO. 3189 SH 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 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants an after-the-fact variance to Municipal Zoning Code Section 10.03, Subdivision 9 (A) to allow an accessory structure on property with no principal structure, and a variance to Section 10.23 11 Subdivision 6 (B) to allow a side street lot line setback of 5.9' where a 50' setback is normally required, subject to the following conditions; 1. Applicant must obtain a building permit and bring the shed into compliance with the building code requirements. 2. The applicant shall pay after-the-fact investigation fees for the zoning application and the building permit. 3. Applicant is advised that future proposals for additional accessory structures on the property may result in the requirement to remove the existing shed, it being the stated intent of the Planning Commission that. no more than one accessory structure should ever be allowed on this outlot. 4. All persons with an interest in outlot B shall sign this resolution. 5. 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 (October 12, 1993). Page 3 of V 6 i O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3189 SH 6. 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. 7. The undersigned applicant has read, understood 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 Orono City Council on this 12th day of Oct ber, 1992. ATT T: /0-r6thyallin,MU City Clerk arbara A. Petr , Mayor J. Diann Goett fa Acting Mayor V401 W -. ��t a& P perty Ow er(s ) 1OtZ STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) *by J. Diann Goetten, Acting Mayor The foregoing instrument was acknowledged before me on this 12th day of October, 1992, *hyxRnxh&xaxAxx btXRQR & Dorothy M. Hallin, xxyN:rxxxK City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. SLE A. HASEA" Notary Public HENNEPWTNW IN COUNTY �^'O0A UNIM EXPM sssw Page 4 of � 6 r � O O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL �kESH0 NO. 3189 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of &.1-d h-er 199a before me a Notary Public within and for said county, personally appeared Q ('K n 5 e� e)(y n E'i— known to me to be the persons described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. l./I.DA S. VEE NOTARY PUBLIC - MINNESOTA 2 /� 1 & MyHENNcommis km "plm 8.1PIN COUNTY 20 NOTAR PUBLIC 4?—— STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this d 0 4-h day of D dt--L I1� , 1992 before me a Notary Public within and fo said C unty, personally appeared known to me to be he per or► s) described in a4hd who executed the foregoing instrument, and acknowledged that he (they) executed the same as his' (their) free act and deed. JAMIE L.BOSMA NOTARYPIBUGINNNESOTA OT RY PUBLIC HENNEPIN COUNTY sea W Comm.Expires 12-19-97 Page 5 of 5 6 •I k - O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL `9kESH04' NO. 318 9 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this 13iA day of /Ud✓Pm ber , 199_ before me a Notary Publi within and for said county, personally appeared an C 9 , We )-e ar'r'/e of known to me to a the persons described 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 /J NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission sxplra 8.048 NOTA9Y PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 199,3, before me a NQtary P blic within and for said7County, personally appeared litomasualKe , ed 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. LINDA S. VEE NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission sxpirea tl 12-96 2 � NOTARY PUBLIC STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public' within and for said county, personal 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. NOTARY PUBLIC Page 6 of 6 RESOLUTION #3189 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I Dorothy M. Hal Iin , City Clerk of the City of Orono , Hennepin County , Minnesota , do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedins of said City Council at a meeting of said City Council held on Sctober 12 # 19 92 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting . In Witness Whereof , I have hereunto se-t my hand and seal this 14th day of Oct er 19 92 A50 thy allin , City Clerk (SEAL) 0,409495 Ziq& Z �r OFRCE OF THE REGISTRAR OF TITLES HE CERTIF ED F i�' )ON TA AUG 1 1 1993 REGI TMI3 BY DEPUTY s;!J\.0(ce s /o,�Na4-5-cf4