HomeMy WebLinkAbout1986-07-29 Resolution 2026city of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 2026
A RESOLD' -ON GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE 11045
WHEREAS, Arthur Bloemerdaal (hereinafter "the applicant") is the
owner of the property located at 145 Cygnet Place within the City of Orono
(hereinafter "City") and legally described as follows:
Lot 6, Block 1, Swan Lake Addition, Hennepin County, Minnesota
(hereinafter "the 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 an attached garage addition to be located 27 feet from the
front lot line where a front yard setback of 100 feet is normally required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1045.
2. The property is located in the RR-1B Single Family Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on July
21, 1986, and recommended approval of the proposed variance based upon
the following findings:
A) Hardship is that the existing garage already encroaches into
the 50' front yard requirement and any extension of the existing
garage in line with the existing house will be closer to the
right-of-way due to the curve in Cygnet Place at this location.
B) No significant visual effect on the neighborhood.
C) The house was constructed when less restrictive setback
standards were in effect for this area.
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.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2026
5. 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 property; would not merely serve as a
convenience to the applicant, but is necessary to alleviate a demon-
strable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant; and would be in keeping with the
spirt and intent of the Zoning Code and Comprehensive Plan of the
City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.28, Subdivision 5
(B) to permit the construction of an attached garage addition to be located
27 feet from the front lot line where a front yard setback of 50 feet is
normally required.
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 (July 28,
1987).
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 agrees
to the terms of 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 28th day of July, 1986.
ATTAST:
^n
0 othy Tfiallin, City Clerk Mary C. kut�ler, Mayor '\
2&
Property Owners
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City of ORONO
RESOLUTION Of THE CITY COUNCIL
NO. 2026
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this 29 day of -�k,lL 1-1 , 1986
before me a Notar Public within and for said county, personally
appeared A _ �'� `►� p,q,�} L 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.
N��N+N-•rN
p. GAFFRO A
WT� rusuC. MIN NE�GT
HENNEPIN COU e l 19'1
l
w1pr� EltO" dun11, �
My G°mn+ "e
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTARY PUBLI
-J&1-e . rl7
MY COMMIS :XPIRES
On this 5�r
_�3i day of JUL -/_ , 1986, before me
a otw
ary Public ithin and for sai6 County, personally appeared
o ;t 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.
Hp"o-P �j�NNE,7TA
M` TAAY �O�IG'COO A-.81
E IN s
NOTARY PUBLIC
MY COMMIS ION EXPIRES
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