HomeMy WebLinkAbout1989-04-10 Resolution 2614City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2614
A RESOLUTION GRANTING
AN APTER-THE-PACT VARIANCE TO
MJNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISIONS 5 (A)
PILE #1387
WHEREAS, Margaret D. Rossing (hereinafter "the applicant") is the
owner of the property located at 130 Cygnet Place within the City of Orono
(hereinafter "City") and legally described as Lots 1 and 2, Block 3, Swan
Lake Addition, Hennepin County, Minnesota (hereinafter "the property"); ar.:�
WHEREAS, the applicant has applied to the City for an after -the -
fact variance to Municipal Zoning Code Section 10.28, Subdivisions 5 (A) to
permit a deck reconstructed without the benefit of a building permit to
remain that is located 1114" from the rear lot line instead of 50' as
required by the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1387.
2. The property is located in the RR-lB Single Family Rural
Residential Zoning District requiring 2 acres in area. The property
consists of 1+ acres and was created prior to the current zoning
standards.
3. The Orono Planning Commission reviewed this application on March
20, 1989, and recommended approval of the after -the -fact variance
based upon the following findings:
A) Unusual shape of lot.
B) House located on lot prior to existing zoning standards. The
rear setback of the principal structure is 25' where the current
code requires a 50' setback.
C) Location of house on lot and interior floor plan restricts
construction of deck on east and south side of residence
structure.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2614
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 after -the -
fact variance on the health, safety and welfare of the community.
5. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply -;enerally to other
property in this zoning district; that granting the after -the -fact
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 nece ary to
preserve a substantial property right of the applicant; and -juld be
in keeping with the spirit and intent of the Zoning Code and
Comprehensive Plan of the City.
CONCLUSIONS, 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 the Municipal
Zoning Code Section 10.28, Subdivisions 5 (A) to permit a deck constructed
without a building permit to remain at 1114" from the rear lot line,
subject to the following conditions:
1. 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 (April 10,
1990).
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 hereby agree.
to the terms of this resolution and on behalf of herself, her heirs,
successors and assigns, hereby agrees to the recording of this
resolution in the chain of title of the property.
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City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 2614
Adopted
by the City Council of the City of Orono, Minnesota at a
regular
meeting held on the loth
day of April, 1989.
r
ATTEST:
orothy
M llin,
Cit Clerk
—'"James R. Grabek, a or
N
roper
Owner s
OF
MINNESOTA
MNYAj OERiARCSONSTATE
LOUC-MINNFSOTA
11(9
ss.
oN-w eM--
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this loth
day of April, 1989, by James R. Grabek & 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.
Notary Public
/J 1 '?/� S
My Commission Expires
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2614
JOHN R. GERHARDSON
NOTARY ►UBUC-MINJJESOTA
NTY
s s . �NON�ON mob" i aw
)
On th m /0 day of c��,.. , 198�
before me a Notary pubA ic_within and for said county, - csonally
appeared 'Yi,? aze " C . �C•r'� _ _ _ _ _- - knowr s to be
the person(6) described in and who executed t regoing
instrument, and acknowledged that he (they) execute, same as
his (their) free act and deed.
NOTARY PUBLIC
14
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 198, 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
MY COMMISSION EXPIRES
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