HomeMy WebLinkAbout1992-06-08 Resolution #3129fmU >rl
GlTYof ORONO
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RESOLUTION OF THE CITY COUNCIL
NO. 3129_________
A RBSOLOtlON CSMTIMG
h CONDITIONAL USB PBKIfIT PER
MUHICIPAL ZONING CODE
SBCnON 10.03r SUBDIVISION 10 AND
A VARIANGB TO
SBCTION 10.22 SUBDIVISION 2
PIIB #1724
tA. ownerCity of Orono (hereinafter "City") and legally described as follows*
Lots 16, 26, and 27, Bloclc 4, Casco Heights, Hennepin
County, Minnesota (hereinafter "the property"); and
variance to Section 10.22, Subd. 2 that would allow an 212
s.f. or 1% hardcover at a total of 3,552 s.f. where only 5,340 s.f. or
30% is allowed.
Minnesota:
NOW, THBBBFORB, BB IT RESOLVED by the City Council of Orono,
FINDINGS
1.
2.
This application was reviewed as Zoning File #1724.
The property is located in the LR—lC Zoning District
requiring 21,780 s.f. or a half acre in area. The property
consists of 24,700 s.f. or .56 acres.
3.The Orono Planning CoBonission reviewed this application on
May 18, 1992 and recommended unanimous approval of tne
proposed variance and conditional use permit based upon the
following findings:
)The accessory structure, pool and patio, have satlsfi^
all pertinent standards of the conditional use permit
section of the code.
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GITYofORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3129________
4.
5.
6 •
The unique shape of the lot requires the placement of
the pool and patio area within the wider mid-sections
of the property.
There is approximately 6#900 s.f. of area within the
500-1»000' setback area of the property where no
hardcover exists but because of the limited 50' width#
the improvements could not be located in that portion
of the property.
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 properties? 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.
The City Council finds that granting a conditional use
permit to allow the installation of an inground pool and
patio area will noc be detrimental to the health# safety or
general welfare of the public# would not adversely affect
light# air nor pose a fire hazard or other danger to
neighboring properties# nor will it depreciate surrounding
property values and that the proposed level of use of the
property will be in keeping with the intent and objectives
of the Zoning Code and Comprehensive Plan of the City.
The City Council has considered this application including
the findings and recomsiendations of the Planning Commission#
reports by City staff# comments by the applicant and the
offset of the proposed variance and conditional use permit
on the health# safety and welfare of the community.
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CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3129 ________
C0RCX08ZORS, ORDER AHD CONDITIONS
Based upon one or more of the above findings^ the Orono City
Council hereby grants a variance to Municipal Zoning Code Section
10.22, Subd. 2 to allow improvements that result in an excess of
lmr<3cover over the allowed amount of 5,340 s.f. or 30% resulting in a
total of 5,552 s.f. or 31% and grants a conditional use permit per
Section 10.03, Subd. 10 to permit the installation of an inground pool
and patio area on the through lot, subject to the following
conditions:
1.Authorities granted by this resolution run with the property
not with the owner, but are permissive only and must be
exercised by application for a building permit within one
year of the date of Council approval, or the special
conditions of this resolution will expire on that date (June
8, 1993).
2.Violation of or non-compliance with any of the terms and
conditions of this resolution 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
agrees to the terms of this resolution and on behalf or
herself, her heirs, successors and assigns, hereby agrees to
the recording of this resolution in the chain of title of
the property.
1992.
Adopted by the Orono City Council on this 8th day of June#
allin. City Clerk Barbara A. Petetson, Mayor
Tammy L.
Property Page 3 of 5
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GITY ck TORONO
:^«8Ho;
RESOLUTION OF THE CITY COUNCIL
NO. 3129 ____
StATE OF MINNESOTA )
) ss.
COONTY OF HENNEPIN )
The fore^oin^ instrument was acknowledged before me on this
8th day of June* 1992, by Barbara A. Peterson a Dorothy M. Rallin,
Mayor & City Clerk of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
mmmgm
w HfNNtnN COUNTY
*#v r—v—ssfl e»lW5 a *s»r>
Notary Public
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• • ••
GITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 312_9________
STATE OF MINNESOTA )
) SB.
COUNTY OP HENNEPIN )
POn thl« y~ <l«y -JlAiri-t, _ _ _ _ _ _ _•
« Hot»ry Public within and for said county, personally
Ji ^ri^te’TTha'f o"?a|o°in1
instrument, aid acKnotlodged that he (they) executed the same as
hi» (their) free act and deed.
r iSSoOT.
MOIWWM COUNTY
liy opiRiiiimow S-12-W NOTARY FPUBLIC
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
)ss.
- Amx, y 199_, before me
Sectary Public withTn and for said county,^ ‘Sr*”"
per.on(.) described i» -nd who execuTed the 7>"*‘!".Ti‘;K”°.ckno«l.d,7l «at hS (tS-ey) executed the same a. hi.
(their) free act and deed.
NOTARY PUBI.IC
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