HomeMy WebLinkAboutResolution 3616 O
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CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (D)
FILE NO. 2069
WHEREAS, Cindy and Steve Harris (hereinafter "the applicants") are owners of
the.property located at 3850 Watertown Road within the City of Orono (hereinafter "the City")
and legally described as follows:
Lot 1, Block 1, Hillaway Farm, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.03, Subdivision 9 (D) to permit the construction of an inground
swimming pool to be located nearer the front or street lot line than the principal residence
structure on the property, where no accessory buildings are normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2069.
2. The property is located in the RR-lA, Single Family Rural Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on September 18, 1995
and recommended approval of the proposed variance based upon the following
findings:
A. The proposed pool will be adjacent to the existing residence, which is
located in the center of a 25 acre parcel.
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RESOLUTION OF THE CITY COUNCIL
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B. The proposed pool will be located approximately 500' from Watertown
Road, and topographically located approximately 35' higher than the road.
The pool will not be visible from the road and from neighboring properties.
The proposed pool location is appropriate based on existing grades around
the house as well as the layout of the house, garage, driveways, porches,
etc.
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 fords 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 variances 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 applicant, but is necessary to alleviate a demonstrable hardship
or difficulty; is necessary to preserve 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a variance
to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit the construction of an
accessory inground swimming pool located nearer the front lot line than the principal residence
structure where no accessory structures are normally allowed, subject to the following conditions:
1. Prior to final inspection of the pool construction, applicant shall provide an as-built
survey of the property, showing the corrected house footprint, pool, barn, and all
other buildings existing on the property.
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RESOLUTION OF THE CITY COUNCIL
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2. 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 (October 9, 1996).
3. 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.
6. 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 of Orono, Minnesota at a regular meeting
held on the 9th day of October, 1995.
;orothyM.L
i
a uu, City Clerk ward J. Call an, Jr., Mayor
�O_A4
Property O er (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 9th day of October,
1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City.
=NOTAW
=COUNTY
OTA Notary Public
1,2000
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CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
S
�t9kE H0 �G NO. 3 8 s
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this ffl�l day of ��G `h ►� , 19% before me a Notary Public within
and for said county,personally appeared C;ncl v 4, Pnr�-.'s w�� �'`'r� (''�• I��7 rr . sem'`'"r'`'�
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.
..., LINDA S.VEE �, n
NOTARY PUBLIC-tdINNESOTA L G� je ti►—�
• HENNEPIN COUNTY
•, .•• My Commission Expires Jan.31,2040 N TARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_ 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
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_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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