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Home My WebLink About#5141-variances-2004 � o� 0 0 '?�� _ - CITY of ORONO �-. � �� /' p~' RESOLUTION OF THE CITY COUNCIL L�kEsH�4� NO. � �. � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1435 FILE NO. 04-2991 WHEREAS, Patrick D. Fleming and Cindy L. Fleming, husband and wife, (hereinafter "the applicants") are the owners of the property located at 4760 North Ann Drive within the City of Orono (hereinafter the "City") and legally described as follows: The South 354.5 feet of the Southwest Quarter of the Northwest Quarter of Section 6,Township 117, Range 23, escepting the following described part thereof to-wit: Commencing at the Southwest corner of the Nrn-thwest Quarter of said Secrion; thence running Northerly on the '/.,Section Line 214.5 feet; thence Easterly at right angles to said last mentioned line, 15225 feet;thence South and parallel with the said '/4 Section Line 214.5 feet; thence Westerly 152.25 feet to the point of beginning, said 854.5 feet being measured along the Easterly and Westerly lines of said Southwest Quarter of Northwest Quarter and except the South 435.6 feet of the East 427.86 feet of the Soutl�west Quarter of the North�vest Quarter of said Section and except the West 140 feet of the East 567.36 feet of the South 311.15 feet of the Southwest Quarter of the Northwest Quarter of said Section; and except that part of the West 230 feet of the South 435.6 feet of the Southwest Quarter of the Northwest Quarter of said Section lying North of the following described line: Commencing at the Southwest corner of the North�vest Quarter of said Section; thence running Northerly on the '/4 Section Line, 214.5 feet to the actual point of beginning of the line to be described; thence Easterly at right angles to said last mentioned 230 feet and there terminating, and except the East 402.86 feet of the North 418.9 feet of the above described property, and except the West 313.14 feet of the East 741 feet of the South 435.6 feet of the Southwest Quarter of the Northwest Quarter of said Section 6, except the East 140 feet of the South 311.15 feet thereof and except the West 140 feet of the East 931 feet of the South 435.6 feet of the Southwest Quarter of the Northwest Quarter of said Section, and except the West 539.44 feet of the East 942.30 feet of the North 418.9 feet of the South 854.5 feet of the Southwest Quarter of the Northwest Quarter of said Section, and except the North 418.9 feet lying West of the East 942.30 feet thereof. Subject to easement for road purposes over the South 33 feet thereof, as shown in Deed Doc.No. 668681; Subject to an easement for sri�eet puiposes in common with others, over and across the West 50 feet of the East 791 feet of the South 435.6 feet of said Southwest Quarter of the Northwest Quarter as shown in Deed Doc.No. 898587. (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1435 to allow a 28' x 35' detached gara�e to be constructed in front of the principal structure. Page 1 of 6 � o� 0 0 �� CITY of URONO a .;. � ti �� G~' RESOLUTION OF THE CITY COUNCIL �kESHOg' NO. � � t,� � NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-2991. 2. The property is located in the RR — 1B, Single Family Rural Residential zo�ing district, which requires a minimum lot size of 2 acres. The applicants' property is 1.8 acres in size. 3. The Planning Commission reviewed this application at a public hearing held . on March 15, 2004 and recommended approval of the variance to permit an accessory structure to be located in front of a principal structure based on the following findings: a. The location of the house on the lot is setback much further than the required 50 foot setback, limiting potential locations for accessory buildings. b. The locations of the creek bed, septic systems and existing driveway on the applicants' property make it virtually impossible to construct an accessory structure without the requested variance. c. The garage can be constructed within the setbacks established by the zoning district, being 50 feet from the front lot line and 30 feet from the side lot line. d. The existing and proposed screening will minimize any impacts from the roadway. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 pose a fire hazard or other danger to neighboring Page 2 of 6 � o� 0 0 �� CITY of ORONO � ;�. � ti �� G~' RESOLUTION OF THE CITY COUNCIL �kESI30g' NO. S � � 1 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1435 to allow a 28' x 35' detached garage to be constructed in front of the principal structure, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning � Commission and City Council review. 2. The applicants shall work with Planning Department staff on an appropriate amount of screening to be established along North Arm Drive. That screening shall include coniferous trees, shall be complete by the final inspection of the detached garage, and shall remain in perpetuity with the garage. 3. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and inust be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (March 22, 2005). 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, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 22"a day of March, 2004. Page 3 of 6 � °� 0 0 CITY of ORUNO � .� � ti ti RESOLUTION OF THE CITY COUNCIL ��`9k'ESTrI�4'�G NO. � Z � �. ATTEST: . � /.� __ „ � - �e'i �1�,�'L Lin a S.Vee, City Clerk �-»--��$arbara A. Peterson, Mayor , , ��.� ,1 I ` �� j�;� �. v Property O er s) ,;� Page 4 of 6 � o� 0 0 � CITY of ORONO ,� <<. � ti ti RESOLUTION OF THE CITY COUNCIL ��kES�rIOg'�G NO. �C� � � STATE OF MINNESOTA COUNTY OF HENNEPIN r� The foregoing instrument was acknowledged before me on this� da.y of �, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Muviesota municipal corporation and said instrument was executed on behalf of the City. , - -,� - , -�:.: � , G��r�.. L..- �_._../�..�_..�. RACHEL DODGE Notary Public � NOTARY PU�IC-�;OTA � IJ�r CanNMioR 6rpiAn Jen.31,2005 � �" ..., STATE OF MINNESOTA COUNTY OF HENNEPIN . � The foregoing instrument was acknowledged before me on this�3'�day of �;/� r'G� , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. L..f�.C�..�._.��.e,�. /.��.C �5�. "; � � Rqq�, � Notary Public ,,, ;�� DODGE ` ,:, � wvr�wr�ueuc-��or,� ` �` . by CanrnUeton 6�iN,ln,.s�,zoo5 , �:, Page 5 of 6 . � O� O O � C ITY of ORONO ,� , � ti RESOLUTION OF THE CITY COUNCI L ��t ��'~ 4 `9kESI��g' NO. $ I I State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before rne this 1q'�day of r�e� , 2004 by Patrick D. Fleming,husband of Cindy L.Fleming. BARBARA G.SILUS Q��' NOTARYPUBLIC-MINN�SOTA Notary Public My Cortunissiwi Expires Jan.37,2008 State of Minnesota ) ) ss. County of Hennepin ) �{-r� This instnunent was acknowledged before me this I�I day of��(��"i I , 2004 by Cindy L. Fleming, wife of Patrick D. Fleming. RACHEL DODGE � ��C�-C...-�_ ; NOTARYPUBUC-M�NF!�.,C�TA � Notary Public My Commission Expres J2r.3 i,^JG: �; . .. ._.�. _ .. -�:'�,-;_:�`�.=.e.::..°.et-<1u•..?""`>""'.,,. Page 6 of 6 • , � , . 1 1 �• � � �s/ ; N 89°58� �'�„ E , ------�---------- 157.43 ,' ,,,,�°",_ .�, h,►re o�c ' � i r. _ '--' , r �i � ----�'-------------- . . � � / � /� � / �/ '� . i 1 w . . . / � ' J �J t I � / I � F 4 7 i � / � � �I � / � � � i i 1 '� � � / � 'I � � � � � � / � / / � ♦ ..�.. ...................... .�.��.......�.�.......�s.._ � / ! 7 I 1 / / / � � / / 1 / . I I � / ( � I I EX�iIBIT A N'`,, ;''� '� � ' %� , � . '� , , . , , ,_:, ; � ,� / ( �, �, . cv , , , , , N , � � � � �. �� . , , � J , . , , , � , / �i , � ; . , , , , , / � , � � . , , ; � / � ; :� . ; , , , , � . ' ; � � � ' .,' ' ; . 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