HomeMy WebLinkAboutResolution 2048 � Cit� o� ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 2048
• - • �
����
I��� ��� �EEH
. ������������D
; A RESOLQTIOAI GRANTING
A VARIANCE TO
MIIAIICIPAL ZOIQING CODE
SECTIOAI 10.28, SUBDIVISZON 5 (H)
FILE #1071
WSER�AS, Colin Relly and Lona Jane Shaughnessy
(hereinafter "the applicants") are the awners of the property
located at 95 Brown Road South within the City of Orono
(hereinafter "City") and legally described as follows:
Lot 2, Block 1, Kelley Green, Hennepin County, Minnesota
. (hereinafter "the property" ) ; and
WHERBAS, the applicants have applied to the City for a
variance to Municipal Zoning Code Section 10.28, Subclivision 5
(B) to permit the construction, of a sing2e family residence to be
located 37.3 feet from the front lot line and 33.9 feet from the
rear lot line where front and rear yard setbacks of 50 feet are
normally required.
�0�1, THEREFORB, B$ IT RESOL`TBD by the City Counci 1 of
Orono, Minnesota: �
FYNdDINGS
1. This application was reviewed as Zoning File �1071.
2. The property is located in the RR-1B Single Family
Rural Residen�tial Zonfng District.
3. The Orono Planning Commission reviewed this application
, on September 15, 1986, and recommended approval of the
proposed variances based upon the following findings:
A) The narrowness of this recently created lot is a
hardship in that it leaves little flexibility in
locating the house to fit the landscape. Under code
requirements the allowable building envelope without
variances is only 44' deep.
Page 1 of 4
� � � Cit� o� ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 2048
^, . ' :� ��� ��E�I
. - . . ��`� '' `��s.
����������d
B) �The proposed house location maintains at least a 60'
separation distance to the nearest adjacent residence,
which is the minimal residential side yard separation
distance allowed in the RR-1B zone. The orientation of
the house is such that the windowless north wall will
face the neighboring property to the north, affording
both applicant and neighbor a greater degree of
privacy.
C) Topography and existing low lands on the property,
and the necessity of providing a septic system on the
property, are factors that make the proposed house
locations and orientation the most feasible for this
property.
4. 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.
5. The City Council finds that the conditions existing on
this property are pecuYiar 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
neiqhboring property; would not merely serve as a
convenience to the applicant, but is necessary to alleviate
a demonstrable hardship or difficulty; is necessary to pre-
serve a substantial property right of the applicant; and
would be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
CONCLOSIONS, ORDER AND CONDITIONS
Based upon the above f indings , the Orono City Counci 1
hereby grants a variance to the Municipal Zoning Code Section
10.28 , Subdivision 5 (B) to permit the construction of a single
family residence in a location 37.3 feet from the front lot line
and 33.9 feet from the rear lot Iine, subject to the following
conditions:
Page 2 of 4
� � Cit� o� Q�Q h� �JJ
. ;� �,,���� �����
RESOLUTION O�'��ir��,,�� IL
•
NO. 2048 �°�'
• - � •
1. Authorities granted by this variance run with the
property not with the applicant, 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 (September 22 , 1987 ) .
2. 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.
3. The undersigned applicant has read, understood and here-
by 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 22nd day of
Sept mber, 1986.
ATT �T:
�/7
, �
�:C�.��-
Do othy M. Hal in, City Clerk Mary C. Butler, Mayor
,�;
,.� Timot Adams , Acting Mayor
�� - - --..__ �� `�`i�l � . ',i`�i?/: ��'�i`� �" '` ' /
(1 ) Proper Ow r � ``�`�'"
�
Page 3 of 4 `
Page 3 of 4
� � Clty o� ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 2048
. . . . � ����� ��� ��'E�
�, ,�,;;,f�f.
�"������F�, ��
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
�
On this - > r `' day of -'f�;,; -1 , 1986
before me a Notary Public within and for said county, personally
appeared C"��1, ,f /,-�.;, l/;� ' .�� �;:�;.,,dl.�<-_-�«, known to me to be
the person(s ) described in and wh executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
�%
�:� F `�; ��_-�-r-,-�:. �£
:�a���°�o;. WILLIAM J. SR�ETr�NA TARY PUB�,IC '
`� !� ��' NOTARY PUBUC — M!PJNESOTr1 '
` ��� HEIVi�1�PIf�J COUN i Y �
��. My Commission Expires ti9;y 31. 19d8
-���3,1 ��
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this �' � T�"� day of ��-<�� � � , 1986 , before me
�f"
a Notary �ublic w�thin and for said County, personally appeared
� z�N�s �u iv � _� l, ;,�c_,�l� %�r_��� known to me to be the
person(s) described in and w o executed the foregoinginstrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
�li / v'"f�'\ `��{•
��^"'°°�ae�.. 1�1�'li LIAM J. SM`TANA NOTARY PU,B IC '
��±� " NOTA?Y rUBLiC— MWNESOTA
`��,� HENfVEPIN COUfVTY
���•�` My Commission Expires May 31, lggg
� � � > l>�ra.+%
MY COMMISSION EXPIRES
Page 4 of 4
� r' '
r t7 jN�� �
( ' �N`�� �
E'y1�,`�
�3 �� ��+�
. y������ ��'�',�
���a
STATE OF MINNESOTA ) �
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
I Dorothy M. Hallin � City Clerk of the City of Orono , Hennepin
County� Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said� City Council at a meeting of said City Council held •
on September 22 , 19 86 � and that the same is a true
and correct copy of said resolution was duly adopted by said City
Couneil at said meeting.
In Witness Whereof� I have hereunto set my hand and seal this
26th � day of September � 1986
. �
����
or thy M. a in� City Clerk
(SEAL) ' '