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Home My WebLink About#4386-variance-1999 � t, � O� / � ' V /O O �, - C ITY of ORONO � � �� G'� ' RESOLUTION OF THE CITY COUNCIL �9kESH�44' N0. 4 e� ��' � A RESOLUTION GRAN'TING A VARIANCE TO MITivICIPAL ZOIVING CODE SECTION 10.28, SUBDIVISION � (B) FILE #2�2� `VHEREAS, Larry G. Jacobson and Victoria A. O'Neill (hereinafter "the applicants") are owners of the property located at 635 Ferndale Road North within the City of Orono (hereinafter "City") and legally described as follows: That part of Government Lot 3, Section 36, To�vnship 118, Range 23 lying North of a line parallel �vith and 269.6 feet North, measured at right angles, from the south line of said Government Lot 3, lying Westerly of a line described as follows: Beginning at a point 67� feet South of the North line of said Lot (said North line being assumed to have a bearing of East for purposes of this description) and 830.75 feet West of the East line of said Lot; thence South 56 degrees 10 minutes West, 58.6 feet; thence South �� degrees 29 minutes West, �0 feet; thence South 15 degrees 27 minutes West, 17.9 feet to a point hereinafter referred to as "Point A"; thence South 1� degrees 27 minutes West 32.1 feet; thence South 8 degrees 56 minutes West to said line parallel with and 269.6 feet North of, measured at right angles to the south line of said lot, and there ending; and lying Southerly of a line described as follows: Beginning at said "Point A"; thence South 69 degrees 27 minutes West, 140 feet; thence North 74 degrees West, 400 feet; thence on a bearing of West, 100 feet; thence South 30 degrees West, 100 feet; thence on a bearing of West for 1000 feet; and there ending, Hennepin County, �linnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with vlinnesota Statutes and the City of Orono Zonin� and Planning Codes, the Orono Plannin� Commission held a public hearing on November 1�, 1999, at w�hich times all persons desiring to be heard conceming this application ��ere given the opportunity to speak thereon; and Pa�e 1 of 6 ,► � �__�� ;:�, O,�. � O O �b - , CITY of URONO � � .� G'� RESOLUTION OF THE CITY COUNCIL �9kES_H� N0. � �; ��'; :; WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision � (B) to permit a side yard setback variance to allow a 612 s.£ two stall attached garage to be located 13.9' where 30' is required from the side lot line. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, I�linnesota: FPIDINGS 1. This application was revie�ti-ed as Zoning File #2525. 2. The property is located in the RR-1B Zoning District, where 2 acres or 87,120 s.f. is the minimum lot area. The property consists of 2.01 acres or 87,410 s.f. 3. The Planning Commission reviewed this application on November 15, 1999 and recommended approval on a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A. The construction of the garage will not exceed the allowable hardcover for the 75-2�0' zone, the total hardcover for this zone after the garage addition will be 7,694 s.£ (13.4%). 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 a anting the variance �vould 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 keepin� with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Pa�e 2 of 6 w�. �/O� � � �O O � CITY of ORONO � ,� ° - � i �,� G"� � RESOLUTION OF THE CITY COUNCIL �9kESH�4�' NO. �. -�� . 6. 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 10.28, Subdivision � (B) to permit a side yard setback variance to allow a 612 s.f. two stall attached garage to be located 13.9' where 30' is required from the side lot line. Approval was subject to the followinQ conditions: l. Council approval is based on the site plan submitted by ihe applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by this variance run with the propem- not with the applicants, but are permissive only and must be exercised by application for a building permit w-ithin one year of the date of Council approval, or this variance �vill expire on that date (November 22, 2000). 3. Violation of or non-compliance with any of the terms and conditions of this resolution 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 a�ee to the terms of this resolution and on behalf of themselves, their heirs, successors and assi�ns, hereby agree to the recording of this resolution in the chain of title of the property. Paje 3 of 6 .► %� �� /O O � C ITY of ORONO ( ° �, �I \�,� G'� � RESOLUTION OF THE CITY COUNCIL t � 4 � � n \�SH04 N0. _ M, ,,, �Y Adopted by the Orono City Council on this 22nd day of November 22, 1999. ATTEST: . _-� �' .,�i�� ,�' C`�--k- `�� . �� -� . " Linda S. Vee, City Clerk Gabrie Jabbour, Mayor ��-�� t� �—-,�=�-c--� �r perty Own r ) .� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of November, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. , -�.,, � � G'l�l�f �lvy'�� - � :� �� Notary PuY�lic �`' . �� MARY ANN � .� �� ;�:�f:�-�, JONNS;,N ,•;�.�,a.�; NOTARYPUBLIC-M1P;?!�Sp;A ��i �;`x` My Commission E�pires J;,n.31,��0 ,; , '�--r�;'-,�-�- . . . .. __ ' '_...._.... J-.�.,..,. ` T"f^-,.�-.�,-�.-__. � . Page 4 of 6 . -a. ��=�� 0 � �s. - CITY of ORONO � � �'� G'ti RESOLUTION OF THE CITY COUNCIL �9kESH04�' NO. � � �� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �3�d day of ��o v P,.,-,.�e� _, 199 9 , before me a Notary Public within and for said County, personally appeared n m4 rr;ec� known to me to be the person(s) described in and w o executed the foregoin� instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � �_ y-i' � '; " /� r ��~C r��F i F r��! 1`� � `�iLJ�C.C-�l i � � / 4,/91/ �` r. .-F� rio��FVF�.!�,� , � :,a f ` - NE '�:'E�i��cc��!rr � Notary Public , �. �' � u Crr rr� �cn E S i-� ; ��,.� �; � .�,;� .,.,��:�.>:-;.""'.;'":'�'��,:�;;��-- �� STATE OF MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) On this 2`/t/ day of /��'�� ?-��-�' , 199 � , before me a Notary Public within and for said County, personally appeared ��r'c�-t-e�r ��.- � C' � �'��: n��'�'�'��`'�� known to me to be tl:e 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. '7�,��',� �/Y';,•%� �:r v/G="'�� ..,- � Notary Public - � MARY ANN JOHNSON t''� ��`�� NOTARY PUBUGb11NNESOTA ,j �� '�� MyCommissionExpiresJan.31,2CC0 L..�_�"��..� _� ��. .,_,._�:�.• rj� Page 5 �f 6 VCII 1 11 1`rH l L V1 �V1 � r � � � v. � � . LARRY JAC�BS� � � IN GOVERNMENT LOT 3, SECTION 3fi-118-23 °0 HENNEPIN COUNTY, MINNESOTA oo,�. p3o75'ti'�+r i� r .,e.,, ,;�. si S.., c., ) � � l.inaparoll�l,,;�Aa�d673'Seoih ' Hor�..rti a»�er Ge.•.�s�3 _�.— —� � � 5�b. � ..S�0 �� 2q .T IOO s��—'o �h� ti�� ° s�4.E Sis'27'W,,...,!..... � w . 179 ';•.. 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