HomeMy WebLinkAboutReso #2967 O I
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
SBO NO. 2967
kE
A RESOLUTION GRANTING
A RENEWAL VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE #1643
WHEREAS, David Nelson (hereinafter "the applicant") is
the owner of the property located at 740 Willow Drive South
within the City of Orono (hereinafter "City") and legally
described as Lot 11, Block 1, Webber Hills, Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
renewal variance to Municipal Zoning Code Section 10.28 ,
Subdivision 5 (B) to permit the construction .of an attached two
stall garage to be located 21' from the side lot line where a 30'
side lot line setback is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1643.
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 renewal
variance based upon the following findings:
A) The proposed location of the new garage is
appropriate for the following reasons:
i. The existing well is .located directly behind
the existing carport, hence expansion to the rear
corner of the house is not practical.
ii. Attaching the garage in place of the carport
would still require a side setback variance and
would place the main existing entryway to the r
house inside the garage. The proposal leaves an -
entry walkway between the garage, providing a more
usable, formal entryway.
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O�
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
L '
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NO. 2967
iii. Attaching the garage to the front of the
house would conflict with the main living room
window system.
iv. Attachment to the left side of the house
would not be feasible due to the location of the
existing septic system and would require major
revision of the driveway location which would
encroach into the area needed for replacement of
the septic system.
B) In June of 1990, the applicant installed a new
conforming septic system serving the three bedroom
residence.
C) There is no significant encroachment of light, air
or open space enjoyed by the neighboring affected
properties.
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 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.
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 variance on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants a renewal variance to Municipal
Zoning Code Section 10.28, Subdivision 5 (B) to permit the
construction of an attached two stall garage located 21' from the
side lot line where a setback of 30' is required, subject to the
following conditions:
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� O ' V
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
SHOg� NO, 2967
1. Authorities granted by this resolution 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 (May 28, 1992).
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
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 City Council of the City of Orono,
Minnesota at a regular meeting held on the 28th day of May, 1991.
ATT ST:
el I ' 64A"ax���
orothy Hallin, City Clerk Barb ra Peters n, Mayor
P erty O (s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 28th day of May, 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.
,;DA S. VEE
JUBUC - MINNESOTA
Notary Public
i-4EPIN COUNTY
7y .,c,nmissicn expires 8-12-96
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CITY of ORONO
CY
RESOLUTION OF THE CITY COUNCIL
��kE$TrI�4� NO. 2967
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this F4 day of , 199 /
before me a `ijotary Public thin an for d county, personally
appeared -00u,
known to me to be the persons described in and who execute the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
NOTA PUBLIC
AS
pUBUO LMINNEESOTA
NOM
114
ENoom wpm 9"
MY N EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN ) /
On this / day of �f �2� , 199 / , before me a
Notary Public within and for said County, personally appeared
d-be-4h k , Ne-ISon 1 oinf 601n01' known to
me to be the persons ) escribed in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
NOTA10. d U
LINDA S. VEE
N�HENNEPIN COUNTY NNESOTA
My commission expires 6-12-8
MY COMMISSION EXPIRES
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