HomeMy WebLinkAbout#4054-variance-1998 " j
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� RESOLUTION OF THE CITY COUNCIL
���kESH04�G NO. .
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTIO� 10.03, SUBDIVISION 8(D),
FILE l�'O. #2343
WHEREAS, Timothy and Bonnie Johnson (hereinafter "the applicants") are the
owners of the property located at 627 Ferndale Road North within the City of Orono
(hereinafter "the City") and legally described as follows:
See Exhibit A for le�al description (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.03, Subdivision 8(D) to permit construction of an accessory structure
on the property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #2343.
2. The property is located in the RR-1B Single Family Rural Residential Zoning
District requiring two acres in area. The property consists of 90,265 s.f. or
2.07 acres.
3. The Orono Planning Commission reviewed this application on March 16, 1998
and recommended approval of the proposed variances based upon th�fo�lowing
findings:
1. The lot configuration and location of the existing residence on the
property restrict locating an accessory structure behind or next to the
residence. Therefore, a variance is required to locate an accessory
structure in front of the residence.
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'�' RESOLUTION OF THE CITY COUNCIL
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2. The garage doors will not be visible from the street.
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 variances 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.
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 a variance to Municipal Zoning Code Section 10.03, Subdivision 8(D) to allow the
construction oi a 736 s.f. garage located 227' from the front lot line where the principal
structure is located 329' from the front lot line and where no accessory structures are allowed
to be located nearer the front lot line than the principal structure.
Approval was subject to the following conditions:
1. Authorities granted by this variance run with the property not �tith 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 (March 23, 1999).
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� �, RESOLUTION OF THE CITY COUNCIL
�9kESH�4� NO. L�- �� �� '�'
2. 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.
3. 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 23rd day of March, 1998.
ATTEST:
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Linda S. Vee, City Clerk Gabri �J our, Mayor �.._
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Property Owners �
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) _ _ :_
The foregoing instrument was acknowledged before me on this 23rd day of
March 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
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'"~ JAMIE L.GEMAR
`�'.� " � NOTAAYPUBLIC-MINNESOTA NOt+ PubI1C
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HH�INEPIN C/pO�UNyTYM I�/�/�
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Page 3 of 5
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L9kESH04� NO. �. �"� �� �-
STATE INNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �r day of , 199c� before me a Notary Public within
and for said county, personally peared ' ���-�-y ul�� '
kno��n to me to be the person(s) described in and who ea�e uted the foregoing instrument, and
ackno�vled ed�that he (the executed the same as his (their) free act and deed.
4 "� JAMIE L GEMAR
" ` � NOTAAY PIJBLIC-MINNESO7A
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' -� ' HB�It�EP1N COUNTY • i
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•,�.•••' M�y Comm(ssion 6cpires Jan.31,2000
�- N�� Y PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �`��' day of �--1�d , 199h� before me a I�Totary Public within
and for said county, personally appe ed • `r.-y�L,r=t` - 7� i �- - •_d . _a�z�-.��(
known to me to be the person(s) described in and w�o exec� d the foregoing instrument, and
ackno�vledged that he (they) executed the same as his (their) free act and deed.
,�;._� _::cc. .�-�- l l�.�,,-u ��,-��-f a-L�c_-1_ _
`"���^<., JAMIE L.GEMAR NOT PUBLIC
NOTARY PUBLIC-MINNESOTA 1
e�: HENNEPIN COUNTY
•,...• ►�Ay Commission Expires Jan.31,2000
Page 4 of 5
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�ESCRIPTION:
�ARCEL C:
That part of Lot 1, Block 1, LAURENT ADDITION, described os follows: Beginning at the northeost corner of Lot 1, Block 1, LAURENT ADDITION; thence
�n on ossumed bearing of South 89 degrees 58 minutes 33 seconds West, a distance ot 53.86 feet; thence South 4 degrees 28 minutes 58 seconds
West, a distonce of 237.00 teet; thence South 34 de9rees 28 minutes 58 seconds West, o distance of 59.46 feet to the south line of said Lot 1;
thence North 89 degrees 59 minutes 30 aeconds Eost olong said south line, o distonce of 83.68 feet to the southeost corner of said Lot 1; thence
yorth 4 degroes 28 minutes 58 soconds Eost, along the eost line of said Lot 1, a distance of 286.17 feet to the polnt of beginning.
�ARCEL D:
That port of Lot 2, Block t, LAURENT ADDITION, except thot port described as follows: Commencing at the northeost corner of Lot 1, Block 1,
_AURENT ADDITION; thence on on assumed beoring of South 89 degrees 58 minutes 33 seconds West olong the northerly line of soid Lot 1, a distonce
�f 53.86 feet; thence South 4 degrees 28 minutes 58 soconds West, a distance of 237.00 feet; thence South 34 degrees 28 minutes 58 seconds West;
o distance of 59.46 feet to the south Iine of said Lot 1 ond the point of beginning of the troct of alnd to be described; thence continuing Souih 34
degrees 28 minutes 58 seconds West, a distonce of 108.31 feet; thence South 89 degrees 59 minutes 30 seconds West, a distance o( 69.28 feet to a
westerfy line of soid Lot 2 being 225.59 feet in length; thence North 4 degrees 28 mfnutes 58 seconds East olong said westerly line a distance of 18.58
feet to an ongle point in said westerly iine; thence South 89 degrees 59 minutes 30 aeconds West along a southerly Ilne of said Lot 2, a distance of
108.58 feet to the most westerly corner of said Lot 2; thence North 8 deqrees 54 minutes 33 seconds East olong the most westeriy line of Lot 2 a
distonce of 71.61 feet to the southwest corner of soid Lot 1; thence North 89 degrees 59 minutes 30 seconds East along the southerly line of said Lot
1, a distonce of 226.64 feet to the point of beginning.
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