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Home My WebLink AboutRes 3598 % CITY of ORONO A1..,- �ps IM Gy RESOLUTION OF THE CITY COUNCIL ��kESHoZ) " NO. c3 5 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE #2045 WHEREAS, John A. Steinmetz (hereinafter "the applicant") is the owner of the property located at 1155 Brown Road South within the City of Orono (hereinafter "City") and legally described as follows: Refer to Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit construction of a 6.2'x12' single story addition and 6' roofed deck along the entire exterior of existing residence that will be located 2' from the street lot line adjacent to County Road 146 and 48.8' from the street lot line at Willow Drive where a 50' setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2045. 2. The property is located in the RR-1B. Rural Residential Zoning District requiring 2 acres in area. The property consists of 19,827 s.f. or .46 acres. 3. The Orono Planning Commission reviewed this application on August 21. 1995. and recommended approval of the variances as amended based upon the following findings: A. Traveled County Road is located 42' from the street lot line. B. The existing residence is located 52'± from traveled road. C. Northeast corner of the addition will be located 2' from the street lot line but 44' from the traveled right-of-way of the County Road. Page 1 of 5 4, 0k. O , CITY of ORONO 1�� ` �G/ RESOLUTION OF THE CITY COUNCIL �kESH�4 NO. 3 D. The property is located approximately 6-7' above the County right-of-way. E. Location of house on odd shaped lot. F. Lot is a corner lot and subject to three 50' setbacks (side street, front street and rear). 4. 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 applicants, 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. 5. 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.28. Subdivision 5 (B) to permit construction of a 6.2'x12' single story addition to the principal structure and a 6' roofed deck along the entire exterior of t �e varianceor residence na`7otoWillow grants Dr8' or v estreet lotme, subject c bvariance tofrom the County Road lot line and following conditions: 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 11, 1996). 2. Violation of or non-compliance with any of the terms and conditions of this resolution 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 5 :;-_-_----- /g. O /0 0 „._ _ CITYOfORONO t' Ps t C.)~ RESOLUTION OF THE CITY COUNCIL 4110ESIO 3. 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 agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 11th day of September, 1995. AT 111 4 S1 : ,/ mar- .,t i _.../.1 Dorothy 1\4___44 .-• _ - ity Clerk D:ward J. Calyian, Jr., Mayor .--/ .---- pr3pe - __ w or s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of September, 1995, by Edward J. Callahan, Jr. & 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. _y ,,..ir 2_,; (..-cL..., • '-:-"Wc-C<-.. Y�rfrffJl�f�JAMIE L.BOSMA,�!!fi N7 Public NOTARY PUBLIC-MINNESOTA i" 1:4111,) HENNEPIN COUNTY 1 ° `' My Commission Expires Jan.31.2080 ,r_ ✓.aFr�lrr✓vrr.�f f�is.- . Page 3 of 5 74-'43.47 _ CITY o� ORONO .4 3i �M• �G'ti RESOLUTION OF THE CITY COUNCIL 1kts-aog, NO. S r : 9 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ,1-. 199 , before me a Notary On this ,�,� day of '( �- : iU - Public within and for said County, personally appeared % Awi',-. /. r L., . - 4 .71-, known to me to be the person(s) described in and wh• - ecuted the foregoing is _rument, and acknowledged that he (they) executed the same as his their) free act and deed. Y��✓��.��JAMIE L BOSMA�.��fi i nV u } -- 2 ° +,I NOT NEBI COUNTY OTA No Vublic ;, My Commission Expires Jan.31,2000 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this [/11 day of ()t-ti_t ___ ,�.A99 _9_, before me a Notary Public within and for said County,personally appeared /1{,, 1-f? = ' 'f 0 I to me to be the person(s) described in and who ex cured the foregoing its rument, and known acknowledged that he (they) executed the same as his (their) free act and deed. / ✓'�-� j J . V---'--"----"I''' Notary Public f/lj,/I!!I!!I!!!l!�Il.,,/IlIlIIi LINDA S.VEE i `cam: NOTARY PUBLIC-MINNESOTA `( ' .,� _ HENNEPIN COUNTY {'�`^�' My Commission Expires Jan.31,2000 �r..o r�r��rr-.c�r�ty—ir��r�s Page 4 of 5 O CITY of ORONO 14 � 0,�i` G� RESOLUTION OF THE CITY COUNCI L �9kESI-10 NO. 3 5 E)=BIT A That part of Government Lot 6 , Section 10, township 117 Noi t.ii, Pang,. 2 I We:;t of I h 5th Principal Meridian, described as follows: Commencing at a point in the: centerline of County Highway No. 07, which said point is 370 foot :ontheastcrly alone said cen- terline from n point therein which bears South 41 degrees West from a point in the East line of said Lot 6, 66 feet South from time Northeast corner thereof ; 'thence northeasterly at right angles to the centerline of said Highway 216.69 feet; thence southeasterly at right angles, to the centerline of County Ilinhway No. 146; thence southwesterly along the centerline of said County highway No. 146 to ii.:; inter;:cc:l.i.on with the centerline of County Highway No. R7; thence Northwesterly alone the center- line of County highway No. i17 to the point of beginning. 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