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Home My WebLink About#3203-variances-1992 ,, .. � O� � O ��`z- CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��9kESH�4�G . N O. 3 2 0 3 A RSSOLDTION GRANTING VARIANCES TO MIINICIPAL ZONING CODE SECTION 10.03, SIIBDIVISION 15 (F) , SEGTION 10.61, SIIBDIVISION 5 (A) AND SECTION 10.03, SIIBDIVISION 21 (3) FII.E #1773 WH$R$AS, Robert V. Roehnen �nd Michel E. Koehnen (hereinafter "the applicants") are owners of the property located at 537 Hanlon Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 4, 5 and 6, Block 14, Minnetonka Bluffs, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 15 (F ) and Section 10 .61 , Subdivision 5 (A ) to allow major structural repairs to an accessory structure/garage that is located 7.45' instead of the required 10' from a side setback lot line and 5.1' instead of the required 10' from the rear lot line and a variance to Section 10.03, Subdivision 21 (3 ) seeking approval of land alterations consisting of a boulder retaining wall constructed at the north side lot line where no such land alterations are allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #1773. 2. The property is located in the RR-1B, Rural Residentia 1 - Zoning District requiring 2 acres in area. The property consists of 19,396.5 s.f. or .45 acres. 3. The Orono P lanning Commission reviewed this application on October 19, 1992, and recommended approval of the proposed variances based upon the following findings: � A. Steeper elevations to the east side of th� structure prevents movement further away from � street. . Page 1 of 5 ,' � � � O ' v O O �b - CITY of URONO � �" � �'� RESOLUTION OF THE CITY COUNCIL L9kESH�4� NO. 3 2 0 3 B. The location of an oversized accessory structure on the property with doors facing towards detached garage require adequate area for maneuvering movement for heavy equipment and large truck stored in oversized accessory structure. As a result, the structure cannot be moved further south or further away from the side lot line. C. The building envelope of the detached garage is not being expanded upon and the improvements involve merely structural replacement of walls. D. The steep bank at the north side lot line was retained by the masonry wal 1 of the former garage. The pressures of the earthen bank weakened and crushed the north wall of the garage. E. The property owner to the immediate north has submitted a letter to the City stating they have no problem with the boulder wall as installed at the lot line by applicant. F. The 8' high wall functions as a gravity type retaining wall and has not been approved by an engineer. The City cannot approve the wall as constructed recognizing it represents a safety risk and homeowner shall have the sole liability in the event of a failure. 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 P lan of the City. Page 2 of 5 . � O� O O � �b�- C ITY of ORONO � � �� '� RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. 3 2 0 3 5 . The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the variances 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 variances to Municipal Zoning Code Sections 10.03, Subdivision 15 (F), Section 10.61, Subdivision 5 (A) and Section 10.03 , Subdivision 21 to permit the structural repair of a structure that does not meet the required 10' side and rear setbacks and for unapproved land alterations at the north side lot line, subject to the following conditions: 1 . Applicant shall file for a building permit for the proposed structural repair of the non-conforming structure. 2 . Applicant shal 1 work with neighboring property owner to north with the intent of preserving mature trees between neighbors' fence and boulder wall and the trimming of smaller immature trees but allowing root structures to remain. 3 . Authorities granted by this resolution 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 (November 23, 1993 ) . 4 . 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. 5 . The undersigned applicants have read, understood ancl hereby agrees to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns , hereby agrees to the recording of thi� resolution in the chain of title of the property. Page 3 of 5 � a � O� O O �b�� CITY of ORONO � � � G'� RESOLUTION OF THE CITY COUNCIL l �i 3203 �kESH�4 N0. , Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of November, 1992. AT ST: . . 0 othy . Halli , City Clerk Barbara A. Peterson, Mayor �Z��z� �� .�� - Property Owner(s ) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of November 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. ` � . / � ��asuc..u�� Notary Public HENNEPIN COUNTy � MY CCLf!.f:wICV EX?IRc3&py9Q Page 4 of 5 � o� 0 0 , �,L � � C ITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESH04� N O. 3 2 0 3 STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this o2 3 � day of NO UPm LJ�r , 19 9 � before me a I�,otary Public within and for said county, personal ly appeared K�� ,� � �o e6� h�� /1�IGcr/'�� known to me to be the person s described in and who execute t e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. LINDA S. VEE � '/ � /�� ♦ NOTARY PUBLIC - MINNESOTA � (/ � HENNEPIN COUNTY �'� '� 3 �� My cammission expires &12-98 N A PUBLIC S' , -s-- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /6�-- day of �� GPyr� h e� _, 199�, before me a Notary Public within and for said County, personally appeared �Yt�c�,el /�ioehh�en . � ur�,' e �( 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. VEE � , NOTARY PUBUC - MiNNESOTA � ` "'t� HENNEPIN COUNTY NOT Y PUBLIC � -' My commisslon expires 8-12-98 r� Page 5 of 5