HomeMy WebLinkAboutResolution 2968 O
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
SH0 NO. 2968
A RESOLUTION GRANTING
VARIANCES TOs
MUNICIPAL ZONING CODE ` w ,w
SECTION 10.28, SUBDIVISION 5(B)
FILE #1545
WHEREAS , Tom and Mary Lou Lutz (hereinafter "the
applicants" ) are owners of the property located at 258 Cygnet Place
within the City of Orono (hereinafter "City") and legally described as
follows :
Lot 10, Block 3, Swan Lake Addition, Hennepin County, Minnesota
(hereinafter "the property") ; and
WHEREAS, the applicants have applied to the City for
variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to
permit the construction of a 3-season porch to be located 21' from the
south side lot line where a 30' side setback is normally required, and
to permit the construction of a 7.5' high screening wall attached to
the house, such wall being proposed 48' from the rear lot line and 28'
from the east side lot line where 50' and 30' setbacks respectively
are normally required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1 . This application was reviewed as Zoning File #1545.
2. The property is located in the RR-1B Single Family Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
May 20, 1991 and recommended approval of the proposed variance
on a vote of 7 to 0, based upon the following findings:
a) The triangular shape of the lot and the orientation of
the perceived rear of the house against what is technically
considered a side lot line, make this a unique lot.
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RESOLUTION OF THE CITY COUNCIL
2968
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b) While this lot is approximately 0.6 acres in area in a 2
acre zone, the property was developed prior to the 2 acre
standards, at a time when the side setback requirement was
only 10 ' .
c) There is a pre-existing deck at the proposed location of
the screened porch.
d) There is adequate vegetative screening and distance
between applicant's residence and the neighboring property
to the southwest such that the proposed additions will not
have a negative visual impact on the neighborhood.
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 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 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 variances to the Municipal Zoning Code Section 10. 28 ,
Subdivision 5 (B) to permit the construction of a 3-season porch
addition to the south side of the residence, such addition being 21'
from the south side lot line where a 30' setback is normally required,
and granting variances to permit the construction of 7.5' high
screening wall to be located 28' from the east side lot line and 48'
from the rear lot line, where setbacks of 30' and 50' respectively are
normally required, subject to the following conditions:
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CITY of ORONO
C� G RESOLUTION OF THE CITY COUNCIL
��kEs
to NO. 2968
1. Applicants are advised that the City will not look favorably
on future setback variances in the south yard of this residence.
2. Any changes in plans from those reviewed as part of this
application may be subject to further City review.
3. 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 (June 10, 1992).
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 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.
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O O :f
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2968
Adopted by the Orono City Council on this 10th day of
June, 1991.
AT ST:
o othy allin, City Clerk Barbara A. Peterson, Mayor
i
Property wner(s )
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
10th day of June, 1991, by Barbara A. Peterson & Dorothy M. Hallin,
Mayor & City Clerk of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
THERESA L. NAAB / G �✓"—
NOTARY PUBLIC- MINNESOTA l
HENNEPIN COUNTY
My commission expires 9-8-92 Notary Public
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O O
CITY of ORONO
�� 41RESOLUTION OF THE CITY COUNCIL
��kESH�g NO, 2968
STATEifiI�NESOTA )
ss.
COUNTY OF HENNEPIN )
On thisr1 day of 199/
before me a Not�ry Public within and4fo --i—aid county, personally
appeared (,1��1 /1lc 4' h�-rna z� rn.t % r% known to me to be
cuted the foregoing
the person(s�) described in and who exe
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
NOTARY PUBLIC
THERESA L NAAS
EENOTARY PUBUO•MINNESOTA
HENNEPIN COUNTY
My commission 9*im 9.8.92
MY COMMISSION EXPTR
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of 1991 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
MY COMMISSION EXPIRES
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RESOLUTION #2968
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 _ June 10 , 1991 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting .
In Witness Whereof , I have hereunto set my hand and seal this
11th day of June 19 91
dor thy M. (Jilin , City Clerk
(SEAL)