HomeMy WebLinkAbout#4505-variances-2000 A
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CITY of ORONO
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,t4 wv. G~ / RESOLUTION OF THE CITY COUNCIL
NO. 4 '-' �; •
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (C) AND
SECTION 10.03, SUBDIVISION 9 (D)
FILE NO. 2600
WHEREAS, Brian J. Kerber, (hereinafter "the applicant") is owner of the property
located at 740 Orchard Park Road within the City of Orono (hereinafter "the City") and legally
described as follows:
Lot 15,subject to road,Orchard Park,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 July 17, 2000, at which time 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 variances to Municipal Zoning
Code Section 10.03, Subdivision 9 (C) to permit construction of a 2,160 s.f. pole barn (60' X 36')
where 2,000 s.f. is allowed, and Section 10.03, Subdivision 9 (D) to permit the existing garage to
be relocated on the property 72.9' from the north property line where 100' is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2600.
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0_ CITY of ORONO
.A 1 ,0441 RESOLUTION OF THE CITY COUNCIL
�SK04 NO.
2. This property is located in the RR-1A Zoning District,where 5 acres is the minimum
lot area, The property consists of approximately 4.8 acres allowing a 2,000 s.f.
oversized accessory building and a total aggregate of 4,000 s.f. for all accessory
buildings on the property.
3. The Orono Planning Commission reviewed this application on April 17, 2000 and
recommended approval by a vote of 3 to 2.
4. The Planning Commission made the following findings of fact:
A. The property is located in the 5 acre "rural" area of the City along County
Road 6 and Orchard Park Road. There are two adjacent residential
• properties. Neither of the buildings would be fully visible to adjacent
properties,and would not be visible to the property to the south based on the
mature trees between the lots. The house, across Orchard Park Road, is
blocked from view to much of the applicant's property by mature trees along
the road.
B. Relocating the garage to another portion of the property would not be
possible without replacing the septic system, which is depicted on the site
survey. The existing system has been determined to be non-compliant due
to the 3' separation to the water table, however it is not required to be
replaced until 2010. Additional testing has been completed to locate a future
primary and secondary site on the west side of the property.
C. Staff has confirmed the location of the septic tanks and drainfield restrict the
property from allowing construction of a pole barn behind the house. South
of the drainfield,the property drops off and is very low,the water table and
drainage would be a concern. This would also require extensive regrading
and construction of a very long driveway to the rear of the property.
D. The existing drive would provide access to the pole barn. This does require
the removal of a two stall garage which has recently been renovated with a
new roof.
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/0 Q-"7.,----4:5--------'1b
tit,- CITY of ORONO
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1' ' ' RESOLUTION OF THE CITY COUNCIL
K� NO.
5. The City Council finds the building size required is consistent with the intended use
of the building. The applicant has stated the reason to construct a building with a
minimum size of 36 feet wide by 60 feet in length is necessary to permit storage of
a 56'truck and trailer used for a private business. Without the additional length and
width it would not be possible to park the vehicle indoors.
6. 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 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.
7. 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
variances to Municipal Zoning Code Section Section 10.03,Subdivision 9(C)to permit construction
of a 2,160 s.f.pole barn(60'X 36')where 2,000 s.f.is allowed,and Section 10.03,Subdivision 9(D)
to permit the existing garage to be relocated on the property 72.9'from the north property line where
100' is required.
Approval is subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicants attached to this
resolution as Exhibit A, completed by Advance Surveying and Engineering Co.,
dated June 21,2000. Any amendments to the site plan may require further Planning
Commission and City Council review.
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CITY of ORONO
i tie RESOLUTION OF THE CITY COUNCIL
•
ilkES11011 NO. 4 5 0 .5
2. The height of the pole building shall be in accordance with the provisions of the
Municipal Zoning Code.
3. A restrictive covenant shall be filed in the chain of title alerting future property
owners of the restrictions that apply to oversized accessory structures.
4. Property owner agrees to limit the accessory buildings on the property to one 36'X
60' pole barn and one 22' X 24' garage as shown on the site plan attached to this
resolution as Exhibit A.
5. Authorities granted by this variance run with the property not with 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
(August 14, 2001).
6. 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.
7. 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 or Orono, Minnesota at a regular meeting
held on the 14th day of August, 2000.
ATTEST:
',4';f• I 1/.42-k'
Linda S. Vee, City Clerk Gabrie Jabbour, Mayor
Property Owner(s)
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CITY of ORONO
"!,� a~ RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 14th day of August,
2000 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.
:. HEIDi N.swam 'L ,;� _ ;Z,12;rt-/r?
am.:' Moa' raleuc• eom►
��' H.2oosNotary Public
STATE OF - i
) ss.
COUNTY OF HENNEPIN )
On this // day of ,''C ,2000,before me a Notary Public within
and for said County, personally appeared b`- 6 H S a
known to me to be the person(s) described in and who executed the foregoing instrument, and
ackno - -= = - a same as his (their)free act and deed.
HEIDI N.STURMAN
WI ESOT
' . Jen.31,
NOT
Cannfeebn Expos F, L' 4/Y.✓, . '<1 .'LL
L" 712€2-r—)
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 2000,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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