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Home My WebLink AboutResolution 2712 -�.:!�u..".i"w� '.�.63.�.";�s;oC:+'��Wtl�:t6ii.',a '-Ft..::ta-•'v:,:i:�,c'�`.y:&;.iiiiL:3s:�e.:.".tt6.�'s'S�a:u`::i3"�w'sY1!'i- ^�i�•+��tSw".�.:� - � >>•:-,.r..�.e�a'_::.;eeca.fh..:il,;.'.� '�:�'.:t.S;�ta7.vuru.:.'»i�t^......iu.c�.l:•1.5u:�..sl:a::s.:+w�4s�'t..., r_ . .�.,y . ,. , . .aw ;-:�:� . s .. _ __ _ .. _ , � _ .� -. ..,..3,,, p.. . .. .. . r ..: . .. .� ... . . . . . c�t� o� oR,oNO . -.. • RESOLUTION OF THE CITY COUNCIL � � NO. 2712 • • • • A RESOLIITION GRANTING � AN AFTER-TH$-FACT VARIANCE TO � MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 12 FILE #1456 . WHER$AS, Robert & Janet Emfield (hereinafter "the applicants") are the owners of the property located at 2240 Devin Lane within the City of Orono (hereinafter "City") and legally . described as follows: Lot 5, Block 1, The Nursery, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for an after-the-fact variance to Municipal Zoning Code Section 10.03, Subdivision 12 to permit the construction of a detached garage located 5.3' from the principal residence structure on the property, where a 10' structure-to-structure setback is normally required. • NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1456. 2. The property is located in the RR-1B Single Family Rural. Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 18, 1989, � and recommended approval of the af ter-the-f act variance .based upon the f o 11 owing f indings: A) The garage was constructed without the required building permit, but inspections were made of the garage during its construction while a permitted deck was also being constructed on the property. The property owners were not advised until after the ' construction was completed that a structure-to- structure setback variance was necessary. Page 1 of 5 � • ;:.:3:.'k.e1<:::;:i:it-6�'.u:ut.�.:��..�:::.�7�t��r�.YX.;.S:i.x�W�.:,.�:�•_..1:�.:'^�.:..:�.^:.�:;t�sn: :.e..,c,•::....n:ca._,...,,I:W, .:-.�a,.......s..d..r..s.,r.::..�.ti.....vc.«..:�.-........`...:.,_..u...icn..r,.,,w.�e..u.�..u..,u�.W,.N....�,.......-..,........�.�.+...«....,�...,._..�, v �1 � � . .. . . . C�t� o� ORONO . �4 • � . RESOLUTION OF THE CITY COUNCIL � NO. 2712 • - • • B) The structure-to-structure setback requirement of 10 ' exists for a number of purposes , including aesthetic and visual separation of structures , � maintenance of adequate emergency access around structures, and adequate separation between buildings for fire protection purposes. In this instance, the primary and detached structures, being 5.3' apart can be retrofitted with appropriate fire walls for fire protection purposes . The finish design and architecture of the detached garage is identical to the principal structure, hence the structures complement each other. Finally, the 5.3' separation, while being minimal, will allow non-vehicular access around both the detached garage and the principal residence. 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 after-the-fact 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 findings noted above, the Orono City Council hereby grants an after-the-fact variance to Municipal Zoning Code Section 10.03, Subdivision 12 to permit the construction of a detached garage located 5.3' from the principal residence on the property where a 10' structure-to-structure setback is normally requi.red, subject to the following conditions: 1. Applicants shall obtain a building permit and shall make • the necessary modifications to the garage to meet minimum fire separation standards per the direction of the building inspector. Page 2 of 5 .w..ar.+i.M.."i.r.w.r.�:lG �. iy.w::J"L•'iC.'L....�5:"�.i.......�...�.�......u....._��+-�w:J.W�a.:�/.:.�.�..L..I....v�.+....H��.....u�..J.......u......n.u.._...._.i..a..c.>.......wa.....v..c�..uu.�..vu._r�..��....�._...��.._._,_.._�___.__'_—_ . :j�., � � � x � . � . ,p:� C�t� o� ORONO . : • RESOLUTION OF THE CITY COUNCIL � � = - NO. 2712 • � • • 2. Current ' and future homeowners are advised that the detached garage and attached garage must remain structurally detached from each other. Any future requests to attach the two structures wil 1 first require obtaining a side setback variance to the 30' minimum side setback requirements of the RR-1B zone. 3. Authorities granted by 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 this variance will expire on that date (September 25, 1990). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatical ly terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and • hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors �and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of September, 1989 . AT ST: - . � '� ' ' othy . Hallin, City Clerk Edwar . C 1 ah , J . , A� 'ng M or i Y operty Own (s) � ��" 9�c� age • .. . . . �.r.++..�:_... .. . . .,�i ..� ::,.: .Jv..'�.. ...- S�rk.1-.Ai��txe .�nst..�.�.��ry...+..v..a.w.....�..�.a.r...a.,..>..�.� .....�.�....�.,....... ....�-...��.�..�..... ._ .�.. •.ra..../.�+�.a, n�i�l....nnr• _. � .�n r,...�._ a.SJ�c......-..u........ ... � , l.�yl�;Y'� . ..•.. . . .. .. 1 � � � . . � Clt o� ORONO . � � • � RESOLUTION OF THE CITY COUNCIL � NO. 2712 • � • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on � this 25th day of September, 1989, by Edward J. Callahan Jr. & Dorothy M. Hallin, Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. No ary Public ��.�,� If K. SCHEFFLER ��• �: NOTARY PUBLIC-MINNESOTA '' ,y4?� HENNEPIN COUNTY My Commission x'YYe • Page 4 of 5 � • . ' y ._... . . ., . _. . ♦ . .41•- . . ` � . . _ . r .. ». - . .. . ... '�.. � . .. . . .. . . •...-•. . T _. : � . ... . .. . .' . �., . . J . -_ ..^ . .. .� .n.. -. .._�r �_ ..........�..- . . Y . . r.�w.sY-. ..... �... -.-._ . _ _ �� :. -... , � � • -� � � � Cit� o� ORONO . �` • RESOWTION OF THE CITY COUNCIL � � � NO. 2712 � � • • • STATE OF MINNESOTA ) - ) ss. COUNTY OF HENNEPIN ) On this �(�� day of , 198� � before me a Notary Public within and fo said county, personally appeared (�y�p;�- i P, � known to me to be the person(� �rib in and who executed the foregoing instrument, and acknowl..edged that he (they) executed the same as his (their) free act and deed. • / THERESA L. NAAB NO PUBLI '; NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY Wly Commisalon oxpiras 8-8-s2 9- �- ga . MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this �� day of �.�, 1981, before me a otary Public within and for said County, personally appeared � known to me to be the person(s) describ in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTA PUBLIC � THERESA L. NAAB • �{OTARY PUB1.1C�MINNESOTA ♦ �b EN��0f�� • . 9-�'-9� � � MY COMMISSION EXPIRES Page 5 of 5 , _ _ __ _ _ � ti . { .. � y � Cit� o� ORONO . • � RESOLUTION OF THE CITY COUNCIL Q� � NO. 2712 • • • • STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) On this �n d day of dC"�� 6pr- . 198q before me a Notary Public within and for said county, personal ly appeared grad le�, � Ch� Icls G�n Anclr�� S'• C h% /o�s known to me to b 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. . ' .�aaaaanan�aaa;�;.��.;�:�ar��An��.•��.a��t� Q�j, � �i1EftRY �1. STELL„'"��N + gy{ {�-tA';�� N07ARY?UBLIC-f`.i1:Vi��50TA NOTARY PUB IC • �;�`y V,iRIC;flT COJ,�TI . t9y i,ommiss�on Expires 1'!..9.1992 3CVVt�tl1►V'v'F�VG6"v�rZiFT1�'Vt7YGY�G�'Nr v v"Y4 iTliv . 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. NOTARY PUBLIC • MY COMMISSION EXPIRES