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Home My WebLink About1990-10-08 Resolution 2883 Pg1C5'731000 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2883 A RESOLUTION GRANTING AN AFTER -THE -FACT VARIANCE TO NQNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE #1586 WHEREAS, James S. Buranen (hereinafter "the applicant") is the owner of the property located at 1085 Brown Road South within the City of Orono (hereinafter "City") and legally described as follows: That part of Government Lot 6, Section 10, Township 117N, Range 23W of. the 5th principal meridian, described as beginning at a point on the East line of said Government Lot 6 distant 7.78 chains (513.481) South of the Northeast coiner of said Government Lot 6; thence West 312 feet; thence South 111.54 feet; thence East 312 feet; thence North 111.54 feet to the point of beginning, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for an after -the -fact variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of an addition to the existing garage located 616" where the addition will be 6'4" instead of the required 30' setback. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1586. 2. The property is located in the RR -LB Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 17, 1990, and recommended approval of the after -the -fact variance based upon the following findings: P) The proposed addition will encroach no closer into the substandard setback area than 2". TRANSFER ENTERED BI The fee ►T OFMPMRIYTAX&PUBIICRECORDS Brown Road that he Las the garage. DEC 11 IWO fr0�{N7Y AAR+{(Y _ DEPUr owner of the property located at 1045 South has submitted a written statement noting no objection to the proposed addition to Page 1 of 4 EA cfty of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. ME 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 proposed variance on the health, safety and welfare of the community. CG:4CLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants an after -the -fact variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of an addition to the existing garage that will be located 6'4" from the north side lot line instead of the required 301, subject to the following conditions: 1. Based on the substandard setback of the north wall of the attached garage, a fire wall shall be installed along the north side of the existing garage and proposed addition. 2. Applicant shall obtain a building permit for the proposed addition to the existing attached garage. Such permit shall not he subject to penalty fees. 3. 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 (October 8, 1991). 4. Violation of or non-compliance with any of the terms and conditions of this var,cioce 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 4 (amity of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2883 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 8th day of October, 1990. sri l G Zl v i' - << < , heresa L.' tfaab, beputy Clerk Edward J. Callahan, Jr., XAT ropert Owners) STATE OF MINNESOTA SS. The foregoing instrument was acknowledged this 8th day of October, 1990 by Edward J. Callahan, L. Naab, Acting Mayor & Deputy Clerk of the City Minnesota municipal corporation and said instrument on behalf of the City. vc F_F - MINNESOTA r 4NEPIN COUNTY My c mml"ion enpku b1bN Notary Public Page 3 of 4 before me on Jr., Theresa of Orono, a was executed ayor r , (amity of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2883 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 8th day of October, 1990. sri l G Zl v i' - << < , heresa L.' tfaab, beputy Clerk Edward J. Callahan, Jr., XAT ropert Owners) STATE OF MINNESOTA SS. The foregoing instrument was acknowledged this 8th day of October, 1990 by Edward J. Callahan, L. Naab, Acting Mayor & Deputy Clerk of the City Minnesota municipal corporation and said instrument on behalf of the City. vc F_F - MINNESOTA r 4NEPIN COUNTY My c mml"ion enpku b1bN Notary Public Page 3 of 4 before me on Jr., Theresa of Orono, a was executed ayor STAT } ss. COUNTY OF HENNEPIN City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2883 On this -� day of �-'C-}-;L- r , 199 before me a Notary Public within and__for said county, personal y appeared I I I y . /',; y, I, � ' if ,nty known to me to be the persons) describ d in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. TNERE8A pUSUO L NAAR . MINNESOTA R, wAEN COUNTY t9? STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC On this day of , 199, 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 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 199_, 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 Page 4 of 4 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL • I. Theresa L. Naab, Deputy 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 October 8, 1990, and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. I Witness Whereof, I have hereunto set my hand and seal with 9th, day of October, 1990. (SEA .J STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL • I. Theresa L. Naab, Deputy 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 October 8, 1990, and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. I Witness Whereof, I have hereunto set my hand and seal with 9th, day of October, 1990. (SEA