HomeMy WebLinkAbout1994-08-22 Resolution 3458n
O CITY of ORONO
_> RESOLUTION OF THE CITY COUNCIL
NO. S 4 a R
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.27, SUBDIVISION 5 (B)
FILE #1951
WHEREAS, Kendrick Melrose (hereinafter "the applicant") is owner of the
property located at 50 Cristofori Circle within the City of Orono (hereinafter "City") and legally
described as follows:
The West 23 acres of that part of the Southeast 1/4 of the Southeast 1/4 of Section 31,
Township 118 North, Range 23 West of the Fifth Principal Meridian, lying South of the
Southerly right-of-way line of the Luce Line Trail. Hennentn County, Minnesota
(hereinafter "the pivperty"); and
WHEREAS, the applicant has applied to the City fo variance to Municipal
Zoning Code Section 10.27, Subdivision 5 (B) to permit the construction of a family room, deck
and stairway addition to be located 31.4' from the south side lot line where a 50' side setback
is normally required.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1951.
2 ,,Lrty is located in the RR -IA, Single Family Rural Residential Zoning
3. The Orono Planning Commission reviewed this application on August 15, 1994,
and recommended approval of the proposed variance based upon the following
findings:
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fem Y105 GY
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 34513
1
A. T1- site consists of 23 acres but the topography has place -•sere limits
on the building site.
B. The location of the kitchen within the residence limits the proposed family
room expansion to the east and south.
C. Extensive vegetation exists along the south lot line and the natural building
site for the adjacent property would be approximately 150' or more south
i rom the applicant's property
D. The setback proposed at 31.4' is no less than the minimum 30' side
setback approved for lots within the adjacent PRD of Cristofori Woods.
L- The existing house was placed 75' from the west lot line rather than the
standard 100' via a variance granted in l yrZ, and at the.:; :;!'' spgth side
setback line due nl; sloping topography and to minimize erosion
and tnz need fos cutting into steep elevations.
F. Severe slopes to t. a�,. and ,forth required placement of the house at this
location in order to iinimize the impact on existing dense vegetation.
4. The City Council has c..,sidered this application including the findings and
recommend�!ions of thr . larning Commission, reports by City staff, comment:
by the appli-Ant and tlrr, effect of the proposed variance on the health, safety and
welfare of the community.
5. The City Council finds that the conditions existing on tins propert,' are peculiar
to it and do not apply generally to other prope-i .n this zoning district; that
granting the variance would not adversely affect 1- fic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the adp,icant, but is necessary to alleviate .4
demonstrable hardship or difficult; , is rv!ces ,arl to preserve a substantial property
right of the 7licant; and would be -v '%.-ping with the spirit and intent of the
Zoning Code and .--onrprhensive Plan of the City.
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M D:.
ll'1�
1' 0 CITY of ORONO
O; O
RESOLUTION THE CITY COUNCIL
NO. �.S
CONCLUSIONS, ORDER,' ND CONDITIONS
Based upon .' ie above findings, the Orono City Council hereby grants a variance
to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the construction of a
family room addition, deck and stairway to be located 31.4' from the south side lot line where
a 50' setback is normally required, subject to the following conditions:
1. Construction shall adhere to the site plan and construction plan attached to this
resolution as Exhibit A.
2. Authorities granted by this variance run with the property not with the applicant,
bw -rc permissive only and must be exercised by application for a building
within one year of the date of Council approval, or this variance will
on that date (August 22, 1995).
3. Violation of or non-compliance with any of the terms and conditions of this
resolution :.hell constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
4. The undersigned applicant ras read, understood and hereby agree& :u the terms
,if 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 22th day of August, 1994.
A T:
oth allin, City Cierk Edward J. Callahan, Jr., a
Y
icperty Owner(s)
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F_490�ti,
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTI, A OF THE CITY COUNCIL
NO. ES4Jr, *
The foregoing instrument was acknowledged before me on this 22nd day of August, 1994, by
Edward J. Callahan, Jr. & 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.
Nu�1TYce=
if
STATE OF MINNESOTA
SS.
COUNTY Of "NEPIN
Notary Fublic
On this , -th day of AQ C. i 15t , 199 44 , before me a Notary Public
within and for said County, personall ppeared tv Nyl•h`e�nwner
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) freee act and deed.
CARCU A WHT�AW`Ps Ci Notary i�Public
;NEPiN
STATE OF MINNESOTA
ss.
COUNTY OF HENNEii AtV
On this _ day of
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 .-.at he (they) executed the same a- ',is (their) free act and deed.
199 , before me a Notary Public
Notary Public
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