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Home My WebLink About#1881-variance-1985 r' � • ;�, * ' � `�� Cit� of ORONO - . ..* .. *�, . -.: y:< RESOLUTION OF THE CITY COUNCIL • �:'� NO. 1881 � • ' • •�� :n ,rni�.., A RBSOLOTION GRANTI�G A VARIANC$ TO . " MDNICIPAL ZONING CODB SBCTION 10.28, SDBDIVISIOIQ 5 (B) FILB #921 � WHBR$AS, Van Eeckhout Building Corporation (hereinafter "the applicant") has an interest in the property located at 2135 Salem Court within the City of Orono (hereinafter "City") and legally described as follows: . � Lot 4, Block 1, Dickey Lake Addition (hereinafter "the property"); and WH$RBAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of an attached garage located 11 feet from the northerly side lot line where a 30 foot setback is nonaal ly required. � NOl�, TH$RBFOR$, B$ IT RESOLV$D by the City Council of Orono, Minnesota: � � • � FINDINGS 1. This application was reviewed as Zoning File #921. 2. The property is located in the RR-1B Zoning District. 3. The Orono Planning Commission has reviewed this application on May 20, 1985, and recommends approval of the proposed variance based upon the fol lowing findings: A) Applicant owns the ad jacent property to the north and intends to develop that property himself. � B) The location of the existing house and intended garage, 11 feet from the side lot line, will not have a significant effect, visual or otherwise, on the adjacent property to the north, based on the likely location for a house on that . adjacent property. C) The applicant did not intend to locate the house and garage 11 feet f rom the side lot line; the original site � plan approved by City staff indicated a setback of 33 feet from.the side lot line; and the location 11 feet from the lot line is the result of construction errors which were not apparent until substantial work had been completed on the project. � Page 1 of 4 , -,� ,, �:: � � c�t� o� oR,oNo y. ;" RESOLUTION OF.THECITYCOUNCIL :;�.. • s�. T� NO. 1881 :. ..• ' � • 4. The City Council has considered this application including the findings and recommendations of the Orono staff an� the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Counci 1 f inds 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 merel.y 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 appli- cant; and would be in keepinq with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLOSIONS, ORDRR AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.28, Sub- division 5 (B), to permit the construction of an attached garage located 11 feet from the northerly side lot line where a 30-foot - setback is nornially required subject to the following conditions: ,. l. An easement for setback and open space purposes shall be granted over Lot 3 in favor of Lot 4, such easement to be . recorded in the chain of title of both properties by the � applicant. ' 2. Authorities granted by this variance run with the property . not with the applicant, but are permissive only. The applicant may proceed with construction per the current Building Permit No. 2135 dated March 11, 1985. B. 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. Page 2 of 4 i � �:,�` , . _ ,' . � �� =� �. Ci.t� o� ORONO � ��.:� RESOLUTION OF THE CITY COUNCIL ` i(,t� NO. 1881 • � � • 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his 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 this 12th day of November, 1985. . ATT T: . � , D othy M. allin, City Clerk Mary C. Bu r, Mayor . � 1) Property Owner (2) Property Owner � PaQe 3 of 4 . « . ",T^„ " . . . �; . �, L�, � � s"�� '�� Clty o� ORONO ��,F:��"'� � . �,��:� ,, . , :,,-:�, ,:•. � ��"�'" � � RESOLUTION OF THE CITY COUNCIL ...�.t� . ;..� . NO. 1881 • _ :` . ..• • • • STATE OF MINNESOTA ) • ) ss. � � COUNTY OF HENNEPIN ) • ' � . On thi s c�/°� day of . , 19 8� before me a Notary Public within and f said co ty, personally appeared � known to me to be the person(s) des ribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their? free act and deed. . . � JOANNE L, ALDRiCH , � '"�� lIENN6PIN COUNTY NO RY PUBLIC NOTARY PUHLIC.MINNESOTA M?coM�iss�oH c�c��ess 9EPT.20,1999 • • i � f • , • MY COMMISSION EXPIRES STATE OF MINNESOTA ) ' ' )ss. COUNTY OF HENNEPIN ) On this 'Q=t day of _, 198�, before me . a ' Notar P blic wi hin and for aid Count , personally appeared � ��c�, ��,,c.u� 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. . JOANNE L. ALDRICFi i1ENNEPIN COUNTY NO RY PUBLIC NOTARY P�9I.1C•MfNNF.SATA MY COMMI!ltON 6XpIR[e 9FPT.20.198fi� � , n.n.�eZ.*i,�..� . . MY COMMISSION EXPIRES Page 4 of 4 ,�;.� ;�_..c.�e:.�._.._. - - - ----� _'_�.: I STAfE OF MINNESOTA ) ) • COUNTY OF HENNEPZN ) . � CITY OF ORONO ) I Dorothy H. Hallin� C:ty Clerk of the City of Orono. Nennepin County� Hinnesota. do hereby certify that I have aompared the foregoing copy of a resolution of the City Cout;cil of Lhe City of Orono with the original record of such resolution in the Minu�Les of the proceedings of said�City Council at a meeting of ssid CiLy Council held on November 12 . 1985 � and that the aame is a true and correct copy of� aaid resolution was duly adopted by said City Council at said meeting. In Nitness Whereof. I have hereunto set my tiand and seal this 23rd � day of Januaz-y � 1g85 i � a ' ; �—/��_�1� „3�":3F':�, .0 l`�cJ-t=-,��t_ ! �• 'Lt-�, ; L �� D"orothy N. 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