HomeMy WebLinkAbout1990-09-10 Resolution 2866 Zoning Variance1
OF I
:gRONC^
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2866_________
A SBSOLDTIOH GKAHTniG
A VARIAMCB TO
NOMICIPAL X0MIM6 CODE
SBCTIOH 10.22» SOBOIVISIOR 2
PILE 1556
WBEREA8, Gerald and Barbara Nelson (hereinafter "the
applicants") are owners of the property located at 1629 Bohn's
Road within the City of Orono (hereinafter "City") and legally
described as follows:
Tract A, Registered Land Survey 565, Hennepin County, Minnesota
(hereinafter "the property"); and
NHBRBAS, the applicants have applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 2 to
permit construction of a closet that would add approximately 65 s.f.
of structural hardcover within the 75-250' setback area where 5,7#6
s.f. or 30.6% non-structural and structural hardcover exists. The
proposed closet addition will be placed over existing non-structural
hardcover resulting in no overall increases in hardcover within the
75-250' setback area.
HOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FIHDIHGS
1. This application was reviewed as Zoning File 1556.
2. The property is located in the LR-IB Single Faunily Lakeshore
Residential Zoning District.
3. The Orono Council reviewed the applicants amended proposal on
August 27, 1990, and recommended conceptual approval of the
proposed variance based upon the following findings and
hardships:
a) There is no basement or second floor for this residence
and storage space is at a premium.
b) The exterior door that will be removed to accomodate
the closet appears to serve no real exit function in the
context of this single level residence.
Page 1 of 5
City of OROINO
OF
ORQNa
RESOLUTION OF THE CITY COUNCIL
NO. 2866_________
c) A closet addition will be placed over existing non-
structural hardcover resulting in no overall increase in
hardcover within the 75-250* setback area.
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.
CONCLOSIOHS# ORDER AMD CONDITIUHS
Based upon one or more of the above findings# the Orono City
Council hereby grants a variance to the Municipal Zoning Code Section
10.22# Subdivision 2 to permit the construction of a closet addition
at approximately 65 s.f. in area subject to the "ollowing conditions;
1. Applicant shall remove approximately 60 s.f. of existing
paved hardcover from the driveway and approximately 200 s.f. of
landscaped area underlain with porous fabric as shown on Page 5
of this resolution. Existing hardcover within the 75-250*
setback area would be reduced to 5#716 s.f. or 30.2% for an
overall reduction of .4%.
2. Authorities granted by this variance ri'n 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 10# 1991).
Page 2 of 5
j
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2366_________
3. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of the
soning code* shall automatically terminate any authority granted
hereinr and shall be punishable as a misdemeanor.
4. 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 Orono City Council on this 10th day of
September, 1990.
fothy If THallin; City Cleric Jame^ R. GrabeJc, Mayor
Prd^rty Owner(s)
STATE OF MINNESOTA )
) 8S.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
10th day of September, 1990, by James R. Grabek 6 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.
4^Notary Public
My Commission Expires
Page 3 of 5
%
t CUV
OF
• ORONO
City of OROIVO
RESOLUTION OF THE CITY COUNCIL
NO. 2866 __________
STATE OP MIMNESOTA )
) 88.
COUNTY OP HENNEPIN )
On thl8 oc/day of G 199^1
before me a Notary Public within and for said county, personally
appeared hn ^ /U^^ hr'-y^ known to me to be
the personVs) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
-/L
MOTAPy PDRI^TC
THISISA L NAAS
SOTANV fUMJO - MMNC80TA
HtNNimi COUNTY
MY COMMISSION EXPIRES
STATE OP MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this -Vci day of /> ^ _ _ _ _, 199p before me
a Notary Public within and for said County, personally appeared
known to me to be the
person(s) descriWd in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
1
NOTARY PUBLIC ------
TMSmSA L. NAAS,
MffrAfW MMlN) > WNMEMTAwmtitww couimL•% tmrnmm mem
MY COMMISSION EXPIRES
Page 4 of 5
I
- IORONO 1
City of OROIVO
RESOLUTION OF THE CITY COUNCIL
NO. 2866__________
STATE OP MINNESOTA )
) 8S.
COUNTY OP HENNEPIN )
19 9
. Notary Public wit"hi°n'and for said
appeared a.ae-ibed in and who axec»Ited the foregoing
iMtr^e^r aid acknowledged that he (they) executed the same as
his (their) free act and deed.
notary public
my commission expires
STATE OF MINNESOTA )
}SS.
COUNTY OF HENNEPIN )
j f , 199 _# before me
PUM1= S :■«
(their) free act and deed.
notary POBLiC
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