HomeMy WebLinkAbout1997-04-28 Resolution 3892CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 8 92
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 AND
SECTION 10.22, SUBDIVISION 2
FILE NO. 2228
WHEREAS, Frank and Kathleen St. Lawrence (hereinafter "the applicants") have
an interest in the property located at 253 Cygnet Place within the City of Orono (hereinafter
"the City") and legally described as follows:
Lot 9, Block 1, Swan Lake Addition, Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, the applicants have applied to the City of Orono for variances to
Municipal Zoning Code Section 10.28, Subdivision 5 and Section 10.22, Subdivision 2 to allow
for an additional garage stall addition onto an existing residence, to increase hardcover and to
encroach into the side yard.
Minnesota:
1.
2.
3.
NOW, THEREFORE, BE IT lUESOLVED by the City Council of Orono,
FINDINGS
This application was reviewed as Zoning File #2228.
The property is located in the RR-IB Single Family Rural Residential Zoning
District requiring two acres. The property is sewered.
The Orono Planning Conunission reviewed this application on April 21, 1997
and recommended approval of the proposed variances based upon the following
unique findings and hardships:
A. The property is impacted by the 0-75' setback requirements from a
protected stream or pond along the north and east property lines.
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B.
C.
CITYof ORONO
RESOLUTIOr: OF THE CITY COUNCIL
NO. ^ ft Q 9 ^
The property is further impacted by steep topography on the east property
line.
The existing residence docs not currently comply with the front yard
requirements of 50' setback.
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 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
demonstrable 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 Zoning Code and Comprehensive Plan of the City.
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 variance on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.28, Subdivision 5 for construction of
an addition to allow a side yard variance along the west propety line reducing the exisitng 3T
yard to 16.4' where 30' is required; a front yard variance to allow the addition to also be
located 41' from the front property line where 50' is required; and per Section 10.22,
Subdivision 2 a hardcover variance in the 75-250' setback which increases hardcover from
3,827 sq. ft. (20.9%) to 4,749 sq. ft. (25.9%) where 4,575 sq. ft. (25%) is allowed, subject to
the following conditions:
1. Authorities granted by this variance run with the property not with tlic
applicants, but are pemiissive only and must be exercised by application for a
building permit within one year of the date of Council approva-, v this variance
will expire on that date (April 28, 1998).
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 8 9 2
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 applicants and property owners 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 of the property.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 28th day of April, 1997.
ATTEST:
/TOrothy M. l^lin, CU^ Clerk
Property Owner (s)
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CITYofORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 8 9 2____
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of April,
1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
/ Mv Commission
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of
Notary Pub ic
199J7 before me a Notary Public within
and for said county, personally appeared J^ilc/lLu i, 4 v J'/. ^
known to me to be the person(s) descril
peared K-xL/LLU.-i, £C v r/u.K-^f >^7 . rr^
describe in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
___seeaeaa®*®*^
JAMIE LBOSMA
notary PUBLIC-MINNESOTA
HENNEPIN COUNTY
tkt Commission Expires Jan. 31. MOOXZBSSSS3ZS£SSj
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this____day of____
NOf AfeY PUBUI
, 199 _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
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