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Home My WebLink About#3189-after the fact variance-1992 �!, '�, � O ' Y O �� O :.. cITYo� oRONo � r� � ti � RESOLUTION OF THE CITY COUNCIL �t9kEsH�g'�G N O. 318 9 A R$SOLDTION GRANTING AFTER-THE-FACT VARIANCES TO HIINICIPAL ZONING CODE SECTION 10.03, SIIBDZVISION 9 (A) AND SBCTIQN 10.23, SIIBDIVISION 6 (B) FILE #1761 , WHEREAS, Mark Hunsley (hereinafter "the applicant") has an interest in the property located adjacent to his residence at 3464 Eastlake Street within the City of Orono (hereinafter "City"). Said property is legally described as Outlot B, Bayside Beach, Hennepin County, Minnesota (hereinafter "the property") and is owned jointly by the adjacent property owners at 3424, 3444, and 3464 Eastlake Street; and WHEREAS , the applicant has made an after-the-fact application to the City for variances to Municipal Zoning Code Section 10.03 , Subdivision 9 (A) to permit the construction of an accessory structure on a property with no principal structure where no such accessory structure is normally allowed, and a variance to Section 10.23 , Subdivision 6 (B) to allow the accessory structure to be located 5.9' from the side street lot line where a 50' side street setback would normal ly be required for an accessory structure. NOW, THEREFORE, B$ IT RBSOLVED 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 12'x16' storage shed without obtaining the necessary permit and variance approval. Page 1 of � 6 � . _ -� a► � O ' Y � � � N� , CITY of ORO �� , �.� � { G� RESOLUTION OF THE CITY COUNCIL �9 ¢4' NO. 318 9 kESH� 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 12'x16' 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 easi ly deve loped. 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 . I "4 � O " r . O � O , � CITY of ORONO ti � �� 1� 4 G� RESOLUTION OF THE CITY COUNCIL t9kESH�g� NO. 318 9 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, Iight, 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 wou ld be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLIISIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby crrants 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 , Subdivision 6 (B) to allow a side street Iot 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 afterthe-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 Ontlot 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 approva I, or this variance will expire on that date (October 12, 1993). Page 3 of g 6 � � �. � � O ' V . O � O , CITY of ORONO . � �� t y G� RESOLU710N OF THE CITY COUNCIL � l �i 3189 9kESHOg NO. 6. Violation of or non-compliance with any of the terms and conditions of this variance shal 1 constitute a violation of the zoning code, shall automatica 1 ly 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 October, 1992. AT T: \�._ • . � r ] .i'; ��n� G�,,../ 0 othy . allin, City Clerk Barbara A. Peterson, Mayor ',L.' Diann Goettei� Acting Mayor �� c� � r, Pr erty Owner(s ) �.�� l/h� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) *J. Diann Goetten, Acting Mayor The foregoing instrument was acknow Iedged before me on this 12th day of October, 19 9 2, by*&�s�tt,xAx&x��t3t4t�t & Dorothy M. Ha l lin, ;��xx� City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. c�►ao�E�. w►saru►H ��/�'��/(,/ �'1'��-- �„R„�r� Notary Public HENNEPiN COUN7Y 4 y�t�� L�� Pa e 4 of ,E! 6 � �,_.�.._..--�...w. g . -_�. ' .. � °� - o �; o . - - , CITY of ORON4 .� �� . . 4 -� ti �,�� ' G'� RESOLUTtON OF THE CITY COUNCIL 9kESH�g� � N O. 318 9 STATE OF MINNESOTA ) ) ss. � COIINTY OF HENNEPIN ) On this /� �- day of � C,� b �� _, 199 2- before me a Notary Public within and for said county, personally appeared /i^it r'i< �'-r i-�-'�r = �r i Sv l-� C"%v.:�''�� ' known to me to be the person(s) described in and who executed the foregoing instrument, and acknowiedged that he (they) executed the same as his (their) free act and deed. L1.4'D.1 S. �'EE , � NOTARY ?UBUC - MiNNESOTA 1 /` � ` HENNEPIN COUNTY `,�C�vt��-i � �/�� ; �� ,,�Y �mmiss�on expuea t3-t2-64 NOTARY PUBLIC � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this o� � �' day of �(it C-��i , 199�, before me a Notary Public within and for said County, personally appeared � i,vy, �- `,h.,c�.��,- � �h,� ca�lo � � � i��--- known to me to �ie the g�rson(s) described i� and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. JAMIE L BO � rn'-, �, ,� ',. ' • MQTiwYPIlBIlC,�uNME5QD1 NO�AR� PUBL=C . ti . HBN�IM COUP(iY `.� '-- hfy Cama b�ires 12-19-9T Page 5 of 5 6 � °� o � o - , CITY of ORONO ��, �4 � 4 G'' � '� RESOLUTION OF THE CITY COUNCIL t9kESH�g� NO. 318 9 STATE OF MINNESOTA ) ) ss. COQNTY OF HENNEPIN ) On this /3 � day of itiv �e m h e� , 19 9 2 before me a Notary Pub lic within and for said� county, personal ly ' appeared i1/�Z n c � E . !-�c.�n 5/��+ . m r/'� e known to me to be the person(s) escribed in and who executed t e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. LINDA S. VEE ��/�� v , / NaTARY PUBUC - MINNESOTA �/ �/�_� � �- HENNEPIN COUNTY /� My commissbn exoiras d-t2-99 NOTARY'^ PUBLIC S STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this /� day of Tu.��! , 1993, before me a Notary Public within and for�d County, personally appeared 7�om�rs k'QdKe� ,Y,2�r,��a( 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 PUBl1C - MINNESOTA /� HENNEPIN COUNTY ,�" � My comm�sslon expirss 8-12-86 ��„��,� !} � NO�'P,RY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personal ly 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. NOTA.RY PUBLIC Page 6 of 6