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Home My WebLink AboutResolution 3183 Seas (4-1, O O 595 ry �w ,r CITY of ORONO ��14 ik , 1'�k�G RESOLUTION OF THE CITY COUNCIL '9$ Hp4' NO. 3138 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (D)/ SECTION 10.03, SUBDIVISION 15 (F) AND SECTION 10.28, SUBDIVISION 5 (B) ' FILE #1741 WHEREAS, Rodney J. Batzlaff and Shanon K. Batzlaff (hereinafter "the applicants") are owners of the property located ,at 1115 Brown Road South within the City of Orono (hereinafter "City") and legally described as follows: Refer to 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 9 (D) to allow a detached garage to be constructed 42' in front of the front line of the principal structure, a variance to Section 10.03, Subdivision 15 (F) that would allow the detached structure to be placed 8' from the side lot line instead of the required 10' and a variance to Section 10.38, Subdivision 5 (B) to allow the structure to be placed 23.1' from front/street lot line instead of the required 50' . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1741. 2. The property is located in the RR-1B Rural Residential Single Family Zoning District requiring 2 acres in area. The property consists of approximately 14,824.25 s.f. or .34 acres. 14rR1 TRANSFER ENTERED'`Y DEPT.OF PROPERTY TAX&PUBLIC RECORDS AUG $I 1992 r Page 1 of 5 ,,' P .UNty MtNN: E3Y DEftfiw c 4,-0 .�� { My O ,, CITY of ORONO A ';'‘-s.4, '��44,1A IA ,6., RESOLUTION OF THE38CITY COUNCIL xESIi44' NO. 3. The Orono Planning Commission reviewed this application on June 15, 1992 and recommended approval of the proposed variances based upon the following hardships and findings: a. The shape of the lot prevents structure from being placed adjacent to principal structure. b. Insufficient barrier to allow an access drive to rear of property without requiring the removal of the only mature trees on property. c. The proposed location of the garage in the street yard is consistent with the pattern of development for accessory structures within this neighborhood. d. The .34 acre parcel is required to be developed under 2 acre zoning standards. e. The proposed improvement does not exceed the lot coverage allowance for structural improvements proposed at 1,802.4 s.f. or 12.15%. 4. 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. • Page 2 of 5 .,w , CITY of ORONO w< )1, ,, 1�,��Oti, RESOLUTION OF THE CITY COUNCIL 4CAMM ".' NO. 3138 5. 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 variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.03, Subdivision 9 (D) , Section 10.03, Subdivision 15 (F) and Section 10.28, Subdivision 5 (B) subject to the following conditions: 1. Prior to the footing inspection for the proposed detached garage in street yard, applicants shall relocate accessory shed in rear yard to required 10' side setback. 2. 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 (July 13, 1993). 3. 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. 4. 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. Page 3 of 5 r. O # .40 � � , ,: CITY of ORONO *t9 i*o.�,G~ RESOLUTION OF THE38CITY COUNCIL kESi104 NO. Adopted by the Orono City Council on this 13th day of July, 1992. ATT1T: Al /646061044) . scid.thy A all n, C ty Clerk Barbara A. Peterson, Mayor , ��,fs F ' 1 m i Rod ey J f zlaff 4, , IftmarmR. Batzlaff Pro•ert 0 er(s) Or Shanon STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of July, 1992, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. JAMIE L BMWA NOTARY PLMUC NNESOTA u bl a.1 r Nota Public i '71-,_0- HENNEFV4 cow( my Comm.Wires 1249-91 Page 4 of 5 O� O # O z,� CITY of ORONO 4 4 (�'j{,1t'0401 otiv RESOLUTION OF THE CITY COUNCIL `9�!'Egg04NO. 3138 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this A .0) ei day of Ili l y , 1992, before me a Notary Public within and for said county, personally appeared heir)e J Ba fz/4 C, ell a r'rV e I 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. VSE . !' NOTARY PUBLIC•MINIMOTA „•'- HENNEPIN COUNTY /1,Z.,Zer.,.d d-" 1 . My commission expires 8-124 8 NOT RY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this A ') e day of ju/y , 1991, before me a Notary Public within and for s}id County, personally appeared l?Ar►Oh l,• LSaf z. /n # illar'/',`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. G� . // 60 LINDA S. VEE OARY PUBLIC .C. NOTARY PUBLIC- MINNESOTA •Ir HENNEPIN COUNTY 1 MY COmmission expires 6.1445 Page 5 of -5 1 • , i '4'vO O .. e,iv .w CITY of ORONO �4 '0�, �i�i��GA RESOLUTION OF THE CITY COUNCIL Altszs IOC` NO. 3138 EXHIBIT A All that part of Government Lot 6 , Section 10 , Township 117 , Range 23 , de- scribed as follows : 'Beginning at a point on the East line of said Lot 6 distant 725 .02 feet South of the Northeast corner thereof ; thence West 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 County Road No. 87 ; thence Southeast- erly along said parallel line a distance of 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 center line of County Road No. 146 ; thence Northerly along last said center line to the point of beginning, Hennepin County, Minnesota. • RESOLUTION #3138 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I Dorothy M. Hallin , 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 proceedings of said City Council at a meeting of said City Council held on July 13 , 1992 , 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 set my hand and seal this 15th , day of July , 19 99 • o othy Hallin, City Clerk (#41. Q 00 Ck ORD C41 If) ,. '--- -L. • ' C,7".., '' ." C.- ,.,,, 7',.-,• . „!. Of) c' 4:' u, •4. tr.'Cs t: \1...' co iggf 05n ;SDC 111 If) Oh Cr, .c,....1! ., CO CV tn CI t", _ .. .1..,4•"..4 OknJ C,,J ON ON 41 4:1 4`,1.• 11 ot.,1 C4I • 1 ......) 4,..1 , . kn. . , r , ..,,,. .,.,..: