The URL can be used to link to this page

Home My WebLink AboutResolution 3119 , . , . . r�� • O O b. - CITY of URONO � F '�' RESOLUTION OF THE CITY COUNCIL '�'�� G �k'ESH�g' Np, 3119 A RESOLUTION GRANTING ` i A VARIANCE TO MIINICIPAL ZONING CODE SECTION 10.28, SIIBDIVISION 5 (B) FILE #1728 WH]3REAS , Draper M. Jaffray and Molly B. Jaffray (hereinafter "applicants") are owners of the property located at 540 Barrett Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 16, 17, 18, 19, 20, and 21, Block 14, Minnetonka Bluffs , Hennepin County, Minnesota (hereinafter "the � property") ; and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a 20' x 22' addition to the • north side of the existing residence located 25' from the front/street lot line instead of ineeting the required 50' setback. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #1728 .. 2. The property is located in the RR-1B, Rural Residential Zoning District requiring two acres in area. Combined • Lots 19, 20 and 21 and separately owned Lots 16, 17, � and 18 consist of 38,700 s.f. or .88 acres. 3 . The Orono Planning Commission reviewed this application on Apri 1 20, 19 9 2, and recommended approva 1 of the proposed variance based upon the following findings: A. The existing structure is located 14' 5" from the street line and the proposed addition will be located 25 ' from the street line. B. Total lot area at 38,700 s.f. would allow 5, 805 s.f. or 15� of lot coverage. The proposed application will result in 1,667.69 s.f. or 4.3� • of lot coverage. C. The property is served by municipal sewer. Page 1 of 4 _ � , • � O� • O O b - CITY of 4RON0 � � � �� G'�'F RESOWTION OF THE CITY COUNCIL `�kESH.Og' NO. 3119 D. The property does not currently have a functionaY, useable garage. 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 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. 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 variance on the health, safety and welfare of the community. CONCLIISIONS, ORDER AND CONDITIONS Based upon �one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction _ of a 20' x 22' addition to the north side of the existing residence, subject to the following conditions: l. Applicants shall obtain a demolition permit for the � detached accessory garage at the time applicants obtain building permit for new construction. 2. The detached garage shall be removed within 30 days of the Orono Building Inspector's final inspection of the new construction. Applicant is further advised that if a new detached structure is to be rebuilt at the same location, a variance would be required. 3. Authorities granted by this variance 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 (May 11, 1993 ). Page 2 of 4 ... .- �rt -'� ' . _ � �� . .n. . � . ' Y� . � � ...� ' - . . _ • . ..... n-�.. -.l'.~_ . . . .. ~ .. .S � .C.�.�. . . 5...._.�'.+�.r�i � , . . . � O ' V . • O O �b - CITY of ORONO � � �� G'�'� RESOLUTION OF THE CITY COUNCIL �kES8�4 Np, 3119 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 sha 11 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 llth day of May, 1992. AT T: r � • o oth M. lin City Clerk arbara A. Peterson, Mayor J Pro er ner(s) STATE OF MINNESOTA ) � ) ss. � COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this llth day of May, 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. , ` `�.��-� LINDA S. VEE Nota� Public NOTARY PUBLIC- MINNESOtA Y HENNEPIN COUNTY . Niy commisslon expkem&12-8a page 3 of 4 • . ,.._,._...._ . ,. . .. .. .. .. ..--- _,._ ._ . . . �.. _ . _ .. -- - . ....... ... . . - . . .. . . . r1` � . . . ' . . , . . . . .. . .. . . _.. ,rY ... . . ' ' J 1 � r � O� � O O �b - CITY of ORONO � � - �� p�' RESOLUTION OF THE CITY COUNCIL �k'ESH�g' Np, 3119 STATE OF MINNESOTA ) � � ) ss. COUNTY OF HENNEPIN ) . On this /�'�''� day of T�, s� � _, 199 .2, before me a Notary Public within and for said county, personally appeared�(�(�(,� ,�'a��n{�rarser �!. �-�ra�. known to me to be the person(s ) described in nd who ex cuted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. , GAROLE A. HASEMAN � . NOTARY PU9LIC��A HENNEPIN COUNIY eev coti+Missioro�cair�s ax�e NOTARY PUBLIC • STATE OF MINNESOTA ) � )ss. COUNTY OF HENNEPIN ) On this � �`�' day of 1�� , 199 � before me a Notary Public within and for sa 'd County, personally appeared --DYR.A�-�-- � ,�,,,nl,,,,��fhoP�,��i,��y,��nown to me to be the person(s) de r d i and whEb e�CecKi�e the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �/) 1C��'✓�I�L4�'� a ��. JAMIEL.BOSMA NOT PUBLIC :'��' ` �� NOTARY PUBUGMINNESOTA • • HEMNEPIN COUNTY '•,�.. � My Contm.ExpirPS 12-19-97 Page 4 of 4 • ---..� . __,,.�.,,._..._, ._._ __. _,_,. ... .. ._ . ,� . .. ._._�_ � ' R � ' RESOLUTION #3119 STATE OF MINNESOTA ) ) COUNTY OF HEN[JEPIN ) ) CITY OF ORONO ) I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin County , ��linnesota , do hereby certify that I have compared the fore�c�ng �ooy of a reseia�ion ot Lne i;iLy c;ouncii oi� tne �iLy of urono with th� original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on MaY 11 , 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 set my hand and seal this �_r_M 13 th , d a y o f �_� _ Mav__ , �9 9 2 --- - _!1�--1-'��—___.�._ Do othy F1. llin , City Clerk ( SEAL ) 'r'>.}r�»r�+i,p 4.'.�"S��'`4:�:��§;<;..,.' ,7. TR/Ai�� NT� 0�.Qf PROPERtY TAX&P11B1.IC R6�6 JUl �� 1992 , r .. � � � � � �'� �+ `��"� " ; � `� � � r;, �.� � � � '.. , „ "" e � �,:;? t f�,,'°►-, g_ i�:= 4� r^.� F!j � t';_ :« . i • ' • �� .�0� 15.I(IL4'�1i i:�r1 H��1?i i� c.ti1L1 :��.i ii t � 1�,.I�JL_��i i�:i_r,_; �5ra.�t?i i� G�i_ �15.rii� ,�` " pFFiCE�F GOUNTY RECOROER �x NEHNfPlN COUNTY,MiNNESOTA % CERTI�IE�F{LED�HD OR R�C��;�,�U ON 92 JUL t 5 AM 10� 09 AS��hi�g41305 ��++P�°� C0.RECQRDpt 8Y �'.�-.�—bEPUTY � �� `�`�. `��' N�1.�7 - �� Q�� °� � � i .�;} :., : ,, ,_ _��, ,,��.u�: ,:,, ., ,, � ? .��, . t, , ; ._ � -� � � :,� �� _�.�=�� , �-,;,., ��, i . ' �, ��`�� i --- I �� 1 ' - � � - ' L\_- i I� o., i� �� R:, i �;:�' pFt� � e'A� 'i3yi� I - �"J` ' Y� I I i i � � 11�i i9,�, I i . ; i � ��'s � I il I Ii � 1�' I '� . .I �!� � �z.- � I i � i ! I I , i . . � '?+�'�, ' i i 'i . � �I II I i � <S,'�� ( i i i � - '. � �� i. .,�� i Ii I I Ii . I I� � . �'� I i I � �'� I � � ' � I, � _i' I I . � � i I i l �^ ' � �I \' ' �I� il � . � d � � � ' '��illl , ,� p _ i;, � � � ' � ' .. ; � rxr 3 i � \1J O � I � � � Y -` `'�' � _ '_ • V" A � �'-� � - � P 71 , � _� . N p� � � , . � . POPHAM HAIK - ---- - ��_ _ , SGHNOBRICH & KAUFMAN, LTD. ? � � U.S.OFFICES: S U 1 T E 3 3 O O INTERNATIONAL OFFICES: 222 SOUTH NINTH STREET ��r' � DENVER,COLORADO � V U 1 8 et�'LEIP2IG,GERMANY MINNEAPOLIS, MINNESOTA $5402 �" """ TEL 303-893-1200 T �„ TE�Oi 137-41-4918471 • TEL 812-333-4800 . - MIAMI.FI.OR�DA F A X 6 1 2-3 3 4-8 8 8 8 3TUTTGART,GERMANY TE�303-530-0060 TEL 01149-711-298303 WASMINGTON�o.�. (612) 334-2533 TE�202-982-8700 August 17, 1992 Ms . Jeanne Mabusth ' CITY OF ORONO P.O. Hoz 66 Crystal Hay, Minnesota 55323 Dear Ms . Mabusth: �nclosed are original documents which have been returned to us by Hennepin County: The documents are: Resolution #3119 (File 1728 Jaffray) recorded as document no. 59413055; Resolution #3129 (File 1724 Woodis) recorded as document no. 5941306; Resolution #3064 (File 1682 Hrickley) recorded as document no. 5941307. Should you have any questions regardinq the enclosed documents, please give me a call. Sincerely, �� '� � Carol Hastings Legal Secretary to _ Nancy E. Husnik Enclosures . , 35NEH