HomeMy WebLinkAbout#4297-variance-1999 ��_°_'� '
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�� G�' RESOLUTION OF THE CIT COUNCIL
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A RESOLUTION GRAN'TIl\TG A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (A)
AMENDING THE ESTABLISHED YARD DESIGNATION
WITHIN THE LITTLE ORCHARD SUBDIVISION
FILE #2494
WHEREAS, Daniel Andersen (hereinafter "the applicant") has an interest in the
property located at 2885 Little Orchard Way and Scott Jagodzinski and Jackie Jajodzinski are
owners of the property located at 2885 Little Orchard Way within the City of Orono
(hereinafter "City") and legally described as follows:
Lot 3, Block 1, Little Orchard, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on May 17, 1999, at which times all persons desiring to be
heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.03, Subdivision 9 (A) to permit an oversized accessory building to be
relocated on the property absent of a principal structure.
NOW, T�EREFORE, BE IT RESOLVED by the City Council of Orono,
i�linnesota:
FINDINGS
1. This application was reviewed as Zoning File #2494.
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 2.0 acres.
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3. The Planning Commission reviewed this application on May 17, 1999, and
recommended approval on a vote of 4 to 0.
4. The Planning Commission made the following findings of fact:
A. The final subdivision approval for Little Orchard designated front, side
and rear yard properiy boundaries for each lot within Little Orchard. Lot
3, Block 1 is located on Little Orchard Way which ends in a cul-de-sac.
The lot was determined to have two rear yard property Iines; however,
the south property line will serve as the font yard when the lot is
developed. The west property. line was established as a rear yard
requiring a 50' setback; however, it will function as a side yard once the
lot is developed. �
B. The front yard shall be extended to include the entire south property line.
C. The stable located on the property is a significant historic structure that
is approximately 90 years old.
D. The stable is located near the front of the properry. Property owners will
relocate the building to the rear of the lot allowing a suitable building
site for a new residence.
E. The stable is an oversized accessory structure requiring a restrictive
covenant to be recorded on the chain of title.
F. Accessory structures are not permitted to be located closer to the front
property line than a principal structure. Relocating the building to the
rear of the property will allow a suitable building site without requiring
variances.
G. The stable is existing within the side yard setback requirement of 30'.
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
granting the variance would not adversely affect traffic conditions, light, air nor
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'� RESOLUTION OF THE CITY COUNCIL
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pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the property owners, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a� substantial
property right of the property owners; and would be in keeping with the spirit
and intent of the Zoning Code and Comprehensive Plan of the City.
6. 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 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 9 (A) to pernut an
oversized accessory building to be relocated on the property absent of a principal structure.
Approval was subject to the following conditions:
1. Property owners to file a restrictive covenant on the property notifying future
property owners of the oversized accessory building.
2. The residence shall be constructed on the lot that will not orient a back yard to
the west property line and the front yard classification be extended to include
the entire southern property line.
3. Authorities granted by this variance run with the property not with the property
owners, but are pernussive only and must be exercised by application for a
building pernut within one year of the date of Council approval, or this variance
will expire on that date (May 24, 2000).
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 property owners 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. �
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'� RESOLUTION OF THE CITY COUNCIL
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Adopted by the Orono Ciry Council on this 24th day of May, 1999.
ATTEST:
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Linda S. Vee, City Clerk Gabrie Jabbour, Mayor
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STATE OF NIINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 24th day of May,
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 ehalf of the City.
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,�LIS L�_�i��� Nota Pu lic
ENNEPI
. Mr comm.E�Jan.s1,
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'� RESOLUTION OF.THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this�day of 199'g before me a Notary Public within and ��„�•
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for said county, personally appear � �'- �- C ��'�e
known to me to be the person(s) described in and who executed the foregoing mstrument,and '
acknowledged that he(they) executed the same as his (their)free act and deed.
►
OT Y P LIC
STATE OF NIINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_before me a Notary Public within and
for said county, personally appeared
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.
NOTARY PUBLIC
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CITY OF ORONO COVENANT FOR
OVERSIZED ACCESSORY STRUCTURE
THIS COVENANT, made and entered into this 3� day of
��'�'� , ��°°by Scott Jagodzinski and Jackie Jagadzinski, property owners,
(husband and wife), (hereinafter referred to as "Applicants") and the City of Orono, a
Minnesota municipaI corporation (hereinaffer referred to as the "City").
WITNESSETH:
WHEREAS, Applicants have made application to the City for an accessory
structure on property in Hennepin County, State of Minnesota, legally described as:
Lot 3, Block 1, Little Orchazd, Hennepin County, Minnesota
(hereinafter referred to as "Subject Property"); and
WI�REAS, City staff have reviewed Applicants' application and have found that
the structure requested is defined within Section 10.03, Subdivision 9 (C) of the Orono
Municipal Code as an Oversized Accessory Structure ("OAS"); and
WHEREAS, Applicants are aware that according to Section 10.03, Subdivision
9 (C)(3)(c), specific conditions exist for an allowable OAS; and
WfIEREAS, Section 10.03. Subdivision 9 (C)(3)(c) allows issuance of a permit
for relocation of the subject OAS conditioned upon the execution of this Covenant and its filing
in Applicant's chain of title; and
WHEREAS, in order to identify all parties within an interest in the subject
property, the Applicants are required to provide title information to City staff as requested. All
parties with an interest in this property shall sign this covenant.
NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE
FOLLOWING:
1. Applicants' request for one (1) Oversized Accessory Structure ("OAS") on the Subject
Property is approved conditioned upon the execution of this Covenant by the City and
the Applicants.
2. The following conditions shall control the existence of the OAS:
A) No future subdivision of the Subject Property will be approved that places the
OAS within a lot that has no principal structure.
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B) Should Applicants wish to subdivide the Subject Property, the OAS may remain
without a principal structure for a period to be determined by the Orono City .
Council. If no principal structure is fully constructed and completed on the
property by the end of the determined period, the OAS must be removed.
C) Should Applicants subdivide the Subject Properry, the OAS and the principal
structure shall be Tocated within the same lot, which meets the minimum lot azea
requirement based upon the size of the accessory building, which lot area
requirement is detailed in Section 10.03, Subdivision 9 (C)(2) of the Orono
Municipal Code. Setback requirements as defined in Section 10.03, Subdivision
9 (C)(a) shall also apply.
3. This Covenant shall be binding upon current and future owners of Subject Properry, and
shall be filed within the chain of title of the Subject Property.
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CITY OF ORONO:
By:
Its Mayor•
By: �� - U�-�
Its City Clerk
ACKNOWLEDGEMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 24th day of l�iay,
1999, by Gabriel Jabbour and Linda S. Vee, the Mayor and City Clerk of the City of Orono
on behalf of the municipal corporation.
CAROLE A HASEMAN � ��
NOTARY PUBLIC-Mp�NESOTA
1�canN�on Ex�,an.3t,2oos Notary Public
APPLICANT ):
By: �
,
By: �� ��r,��
ACKNOWLEDGEMENT (APPLICANTS)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
. The foregoing instrument was acknowledged before me this �_ da�• of
�.,y-�u�� , �9'�.�, by Scott Jagodzinski and Jackie Jagodzinski (husband
and wife) as th free act and deed.
� LISA DAMIANI
NOTARY PUBIIC-MII�IESOTA N UbI1C
HENNEPIN COUN7Y
wy cortm.E�e..l.n.st,
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