HomeMy WebLinkAbout1985-10-28 Resolution 1880City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1880
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE 1981
WHEREAS, Philip F. Kaley (hereinafter "the applicant")
is the owner of the property located at 1395 Brown Road South
within the City of Orono (hereinafter "City") and legally des-
cribed as follows:
Lot 5, Block 1, Markville, Hennepin County, Minnesota,
(hereinafter "property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.28, Subdivision 5
(B) to permit the construction of a 121x22' room addition located
37.5 feet from a rear property line where a 50 foot rear yard
setback is normally required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #981.
2. The property is located in the RR -1B Single Family Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on October 21, 1985, and recommended approval of the pro-
posed variance based upon the following findings:
A) The property is appoximately 0.4 acres in area in a
2 -acre zoning Jistrict.
B) The property is unique in that it is surrounded on
3 sides by right-of-way.
C) The existing house does not meet front or rear
setbacks of the RR -113 zoning district.
D) The proposed addition is located such that the
setback variance required is relatively minor.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1880
t.. -- --
E) The property will be sewered as part of the Crystal
Bay Sewer Project and the addition will not have an
effect on the septic system or sewer connection..
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 ccnditions 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 ade-.•-ly affect traffic conditions,
light, air nor pose a ire 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 pre-
serve a substantial property right of the applicant; and
would be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plin of the City.
CONCLUSIONS, ODER AND CONDITIONS
Based upon the abov( findings, the Orono City Council
hereby grants a variance to the Municipal Zoning Code Section
10.28, Subdivision 5 (B) to p rmit the construction of a 12'x22'
room addition located 37.5 fee,: from a rear property line where a
50 foot rear yard setback is normally required, subject to the
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 (October 28, 1986).
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 here-
by a3rees to the terms of this resolution and on behalf of
himself, his heirs, successors and assigns, hereby agrees to
the recording o: this resolution in the chain of title of
the property.
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City of ORONO
RESOLD PION OF THE CITY COUNCIL
NO. 1880
Adopted by the Orono City Council on this 28th day of
Piopert7y Owner
City of OR ONO
STATE OF MINNESOTA
as.
COUNTY OF HENNEPIN
RESOLUTION OF THE CITY COUNCIL
NO. 18�O
On this day of (7c rnrt r2 , 1985
before me a Notary Public within and for said county, personally
appeared i/��-iP j', d c r y known to me to be
the persons described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
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M,CHA r1r1IN�NN�NNI+NIINOIIC 1
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Ate
'N�TAU2UC • MINN[, t�
HENNEP! CO�,,�,� NOTARY PUBLIC
MrC""'I',cnEN '
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On '-hiE day
a Notary Public w thin and
t C J�:-Ln-Yn/ �L{ ri'C
person(s) describ:di and
d
and acknowledged that h
(their) free act and deed.
s A,':CHACL
P-
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VV, HENNEpIN CO cso7'
Imlylon Eic � UN7 i
_j I tir / / , / %i ")
MY COMMISSION EXPIRES
of (')c ;-'f( , , 1985, before me
for said County, personally appeared
known to me to be the
who executed the foregoing instrument,
e (they) execited the same as his
NOTARY PUBLIC /
f .
MY COMMISSI N EXPIRES
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