HomeMy WebLinkAbout#3119 - variance /� °� ,
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i�� CITY of O�ONO
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�� �'',� G'� RESOLUTION OF THE CITY COUNCIL
�9 4�� NO. 3119
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A RESOLIITION GRANTING
A VARIANCE TO MIINICIPAL ZONING CODE
SECTION 10.28, SIIBDIVISION 5 (B)
FILE #1728
WHEREAS , Draper M. Jaffray and Molly B. Jaffray
(hereinafter "applicants") are owners of the property located at
540 Barrett Avenue within the City of Orono (hereinafter "City")
and legally described as follows:
Lots 16, 17 , 18 , 19 , 20 , and 21, Block 14, Minnetonka
Bluffs , Hennepin County, Minnesota (hereinafter "the
property") ; and
WHEREAS, the applicants have applied to the City for a
variance to Municipal Zoning Code Section 10.28 , Subdivision 5
(B) ta permit the construction of a 20' x 22' addition to the
north side of the existing residence located 25' from the
front/street lot line instead of ineeting the required 50'
setback.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
l . This application was reviewed as Zoning File #1728 •
2 . The property is located in the RR-1B, Rural Resider�tial
Zoning District requiring two acres in area. Combined
Lots 19, 20 and 21 and separately owned Lots 16 , 17,
and 18 consist of 38,700 s.f. or .88 acres.
3 . The Orono Planning Commission reviewed this application
on April 20, 1992, and recommended approval of the
proposed variance based upon the following findings:
A. The existing structure is located 14' S" from the
street line and the proposed addition will be
located 25 ' from the street line.
B, Total lot area at 38 ,700 s.f. would allow 5 , 805
s .f. or 15 $ of lot coverage. The proposed
application will result in 1, 667.69 s.f. or 4.3$
of lot coverage.
C. The property is served by municipal sewer.
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'� RESOLUTION OF THE CITY COUNCIL
�l �iG 3119
9kESH�g NO.
D. The property does not currently have a
functional, useable garage.
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 applicants and the effect of the variance on the
health, safety and welfare of the community.
CONCLIISIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono
City Council hereby grants a variance to Municipal Zoning Code
Section 10.28, Subdivision 5 (B) to permit the construction of a
20' x 22' addition to the north side of the existing residence,
subject to the following conditions:
1. Applicants shall obtain a demolition permit for the
detached accessory garage at the time applicants obtain
building permit for new construction.
2. The detached garage shall be removed within 30 days of
the Orono Bui lding Inspector's f ina 1 inspection of the
new construction. Applicant is further advised that if
a new detached structure is to be rebuilt at the same
location, a variance would be required.
3. Authorities granted by this variance run with the
property not with the applicants, 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 11, 1993 ) .
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RESOLUTION OF THE CITY COUNCIL
\��`qIf Og'�G NO. 3119
ESH
. 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 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 llth day of May, 1992.
ATT T: �
. ��,� ���, r� _
or hy 11 ' , ity Clerk Barbara A. Peterson, Mayor
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o rt wner(s )
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this llth day of May, 1992, 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.
�.����� /� ` L�
LINDA S. VEE Notar�i Public
NOTARY PUBLIC - MINNESOTA
_ HENNEPIN COUNTY
MY�ommisston expires &7y_gg Page 3 Of 4
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�9 �� NO. 3119
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
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On this /S
b e f o r e m e a Notar y Public wit�n and for s a�'z d county, personal ly
a p p e a r e d , c known to me t o b e
t h e p e r s on S �ddaCknowledged that he (t h y)cexe cu t e de t h e s a m e 1 a s
instrument, an
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NOTARY PUOIri�M1�iE7�TA
HENNEPIN COUNTY
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STATE OF MINNESOTA )
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On this '� y eared
a Notary PubZic wi hin and for id County, personally app
B. known to me to be the
pers n(s) cr ' ed in and ho e e eXecuted thelsametasmhis
and acknowledged that he ( they)
(their) free act and deed.
ct�r.u.� D�ist�
..,�~�jAMIELBOSMA ` NOTA PUBLIC
' ' NO'TARY PUBUGMINNESOTA
:e, HENN�IN COUNTY
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