HomeMy WebLinkAbout199-10-08 Resolution 28855747877
ty of ORONO
CITY OLUTION OF THE CITY COUNCIL
OF NO. 2885
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B) AND
SECTION 10.03, SUBDIVISION 14 (C)
FILE #1589
WHEREAS, Marcus and Judy Blue (hereinafter "the
applicants") are the owners of the property located at 2160
Crystal Avenue within the City of Orono (hereinafter "City") and
legally described as Lots 7 and 8, Block 2, Crystal Bay
Minnetonka, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicants have applied to the City for
variances to Municipal Zoning Code Section 10.28, Subdivision 5
(B) to permit the construction of an addition to the north side
of the house requiring approval of a side setback of 24' instead
of the required 30' and approval of a front street setback
variance for the structural repair of a deck located 8' from the
street lot line instead of the required 50'. Per the same zoning
code section, the applicant seeks variances for a garage addition
to be located 36' from a side street lot line instead of the
required 50' and 14'9" from the front street setback line instead
of the required 50'. In addition, applicants seek variances to
lot coverage allowance as proposed improvements result in total
structural coverage at 2,106.46 square feet, instead of the
allowed 2,100 square feet or 15%.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1589.
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 fec.—mended approval v;f the
proposed variances baseH upon the 'lowing findings:
A) The hog -,e was placed
current zoning standards.
Page 1 of 4
the property prior to
TRANSFER iNTERID
0!*T. Of PROM TAX 8 PUeLICWVMW.
r E B 6 1991
H coyNrr k��
DEPUTY
City of ORONO
RESOLUTION OF THE C!TY COUNCIL
• NO. 2885
B) The garage addition is to be reinstalled within the
defined envelope of the former garage on the property.
C) The excess of 6.46 square feet of structural hard-
cover appears to be minimal and will have no negligible
impact on the property.
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
variances 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 applicants, but is necessary to
alleviate a derr.onstrable hardship or difficulty; is
necessary to preserve a substantial property right of the
applicants; and would be in keeping with the spirit and
intent of the Toning 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
applicants and the effect of the proposed variances on the
health, safety and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants variances to Municipal Zoning
Code Section 10.28, Subdivision 5 (B) to permit the construction
of a rear north side addition to the existing residence, the
repair of frost footings of a deck located 8' from the street lot
line, and side and front street setback variances for the
reinstallation of a garage addition and a variance to Section
10.03, Subdivision 14 (C) approving an excess of 6.46 square feet
or .046% structural improvements on the property, subject to the
following concitions:
1. Authorities granted by this resolution run with the
property not with the applicants, 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).
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.
Page 2 of 3
City of OR ONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2885
ORONO
. The undersigned applicants have read, understood and
hereby agree to the terms of this resolution and on behalf
of themselves, their heirs, successors and assigns, hereby
agree to the recording of this resolution in the chain of
title -sf 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.
A=tST
Theresa L. N b; Deputy Clerk
P o-
p
erty Owne! ( s
STATE OF MINNESOTA
Edward J. C 1 aha , Jr., Acting Mayor
SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 8th day of October, 1990, by Edward J. Callahan, Jr. and
Theresa L. Naab, Acting Mayor & Deputy Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was
executed on behalf of the City.
Notary Public
, NOTARY PUBLIC IEEE
MINN
ENHNFIN GUUNTYM>co
�n ax{ nes H-12-98
Page 3 of 4
City of OR ONO
CITY
OF
•-• •
ST MINNESOTA
ss.
COUNTY OF HENNEPIN
RESOLUTION OF THE CITY COUNCIL
NO. 2885
On this c9c) day of / :r n.199C.;
before me a Notary Public within and for said county, personal
appeared k0_ )1c� )I1)J' o,✓
known to me to be 't on s) esci i
he per red n and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free ace and deed.
4NOTAR'0iICTHERESA L NAAe
NOTARY PUBLIC . MINNEWA
HEN�� O W-46 aON EXPIRES
STATE OF MINNESOTA i
)ss.
COUNTY OF HENNEPIN )
-- .h
On this day of 199�, before me a
� W �(/,� /'.1 r' •
Notary Publiwithin and or ,said County, personally appeared
c
L1. r-GL11 _ 1 ��u% —� ►� 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.
Page 4 of 4
CITY
OF
ORONO
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2885
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.
✓ I �
A jd z-o-
(SEAL)