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Home My WebLink About#4870-variance-2002 l O O _J� O CITY of ORONO 4• l'tt., A ,. Gam' RESOLUTION OF THE CITY COUNCIL ` /CESI-10 NO. 4 8 7 0 A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (B), FILE NO. 02-2826 WHEREAS,Michael Benedict and Deborah Benedict,husband and wife,(hereinafter "the applicants")are the owners of the property located at 25 Orono Orchard Road North within the City of Orono (hereinafter"the City") and legally described as follows: Exhibit A (hereinafter"the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.03, Subd. 9 (B)to allow placement of an accessory structure between the principal building and the front lot line where no accessory structures are normally allowed. 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 September 16, 2002,at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#02-2826. 2. The property is located in the RR-1B Zoning District. 3. The Orono Planning Commission reviewed this application on September 16, 2002 and recommended approval of the proposed variance based upon the following findings: A. The location of the residence is 340' from the street toward the rear of the 5.8 acre property,making it impossible to place an accessory structure within the front yard without a variance. 1 of 6 . , �I v O -- CITY of ORONO le, ti t4 oll,gt,f4,- k RESOLUTION OF THE CITY COUNCIL 9kESII04 NO. 4 8 7 B. The property line runs at an angle to the existing home,requiring the building setback line to also run at the same angle, therefore not allowing the accessory building to be built behind the residence. C.11 The structure will not have any visual impact to adjacent properties. 4. Th City Council finds that the conditions existing on this propertyare peculiar to it an do not apply generally to other property in this zoning district; that granting the v lance will not adversely affect traffic conditions,light,air,nor pose a fire hazard or ther 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 Cit'. 5. 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 variances 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 Munici al Zoning Code Section 10.03, Subdivision 9 (B) to allow the proposed accessory structure o be located nearer the front lot line than the principal building. Approval is subject to the follo ing conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolition as Exhibit B. Any amendments to the site plan may require further Planning Commission and City Council review. 2. The existing shed on the property shall be removed at the time of final inspection of accessory structure. 3. Authorities granted by this variance run with the property not with the applicants,but are peissive only and must be exercised by application for a building permit within one y ar of the date of Council approval, or these variances will expire on that date (Septe ber 23,2003). 2of6 . . j,,,, 0 O � CITY of ORONO ,', {y r, _ 47 IA �< r i, 1/4 . G� RESOLUTION OF THE CITY COUNCIL 9kESI;ONO. 4 8 17 g 4. 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. 5. The undersigned applicants have read, understood and hereby agree to the terms of thiis 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 23rd day of September,2002. ATTEST: %frLtt1 ./f a Linda S. Vee, Ci Clerk Barbara A. Peterson,Mayor i (lema,h ig &Id 1 f roperty Owner(.) STATE OF SOTA COUNTY OF NNEPIN The foreg ing instrument was acknowledged before me on this.23rd day of September,2002 by Barbara A. Petierson,Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 1 �, /ZZ. . i — Notary Public • �l�J_/J./J�T'/✓J./Jf IBJ_,/-iC/./!-✓' Ate, DENISE M.LESKINEN I c''."=lNOTARY PUBLIC-MINNESOTA t; t= � My Commission Expires J3n.31,2005 Page 3 of 6 C.: 'o A`, CITYofORONO K__1.. , )1* 47 '��'�� per' RESOLUTION OF THE CITY COUNCIL ESI3�4 NO. 4 8,7 0 STATE OFSOTA COUNTY OF 1*NNEPIN The foregoing instrument was acknowledged before me on this 2-7 day of September, 2002 by Linda S.Vee,City Clerk of the City of Orono,a Mi esota nicipal corporation and said instrument was executed on behalf of the City. , C / / Notary Public 1 elf./!_-�..-_- S/llf 1J�/.Y1:/'. .,) ;?� DENISE M.LESKINEN NOTARY PUBLIC-MINNESOTA STATEOF '"` ti MINK SEP _ MINNESOTA_ A_ COUNTY OF HEI�NEPIN � �/-"lJ. ✓—/--iii V On this al5' day of aptornixr ,2002, kAicLe.( B2oeCdccT Mc"'personally appeared before me, who is personally known to me L/whose identity I proved on the basis ofd n L. whose identity I proved on the oath/affirmation of ,a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. 6i/l/Gi917%/-J Notary Public 11 k C .i. �ESKINEN (11 STATE OF MINNES TA NO +,';NNESOTA `l 4 .,fiY'.M ^_3 Jan.31,2005 COUNTY OF HE PIN ,, -,,,,,- \ „, ,—ti rr,�'`C On this J ,day of�omb r , 2002, / / r« /, .A.�,arc ' u,'c f,Iii” personally appeared before me, who is pers nally known to me t/whose ident ty I proved on the basis of W- v ;6- whose whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument,and acknowledged that h he/they executed the same as his/her/their free act and deed. 2 i / Notary Public_ - .�✓.ice/J_"l/11 .( ` DENISE M. LESKINEN ' ` '(N.,' NOTARY PUBLIC-MINNESOTA 4of6 1 � iv Camiilbn Expires Jan.31,2005 lo ✓/-li ii Vii'/-'iS'/.ll//�!1 Exhibit A 4 8 7 u • [.egdrDescr ption Al I that 'ppartof. . e •Southwest 1/4•of the Southwest:::1/4::;.of.:- .. _y the Section ,35. Township .118;•North:Range. 23..West "ofthe ,5th..: • Principal ,Meridian. es .:_dar`iibcd:.as follows. .viz: Beginning at the Southwescorner ofscldSouthwest' 1/4-of the':Southwest l IA; thence East'along'the`?South l ine'thereof..a .distance of 13.39 chains; t ence North-48,5 degrees West a distance of 13.50 chars'; thence North-36.5-degrees _Weft-:a distance of .5.53, ,chains ato .the Vest l i a of• said;�Southweat 1/4 of the =Southwes E..�1/s�..�#henca::South_:atdng .sald•Wearie: a distance of 13.38.chains'to th ;lace of;beginning T hhat part of the Vest 250:•fee# of..'the 'Southriiest 1/4•of :the Southwest 4 of Section.35; Township�,ii8 North Range 23. Weat .of .the 5th Principal Meridian.; :•Iy.ingNorth of the-South 400.00 feet- thereof •and ..Southeray.,pf:ahencenterline of..:.Orono. .Orchard Road, and EXCEPT That pant; of the. West 50 feet of the South 400 feet' of the Southwest (/4 of the Southwest i/4 of Section 35, .-Township..118;:1ait9or 23, .,Lying-.Norah:•of,nt,the,Sou b 374.0 feet thereof,•:accordit t the. U.S: GovernmeSu ;ve-;. thereof. Hennepin •CountiOHLih gsota. - . - Abstract. • • • I . Page 5 of 6 C4 CC .l. , 1Ji!iluiI' x 4870 9 1r • • vL�.s, ifi • •11 p..••• ro woe:=y`a illIl –..—_,... i 1 ili Is 111 ti4 . 1 j j 1 lig p 0 X 114 . ••••06..•••••• 00` \ h LtJ «• �tno:«° 9FH�0ov. �e J yQ • j s •..P•–..��•F•••t•C •ice• /a�p�• v • • a • 1Omzv9vr• .L.�tLp•p•f a 7r....0ee41. `/ji0.!fl i •, 0 • y"-O..r• 0 OHO •D e o O•.• i p p 0 p »•••.C.• ..e t. 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