HomeMy WebLinkAbout1991-06-10 Resolution 2968CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2968
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5(B)
FILE #1545
WHEREAS, Tom and Mary Lou Lutz (hereinafter "the
applicants") are owners of the property located at 258 Cygnet Place
within the City of Orono (hereinafter "City") and legally described as
follows:
Lot 10, Block 3, Swan Lake Addition, 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 a 3-season porch to be located 21' from the
south side lot line where a 30, side setback is normally required, and
to permit the construction of a 7.5' high screening wall attached to
the house, such wall being proposed 48' from the rear lot line and 28'
from the east side lot line where 50' and 30' setbacks respectively
are normally required.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1545.
2. The property is located in the RR-lB Single Family Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
May 20, 1991 and recommended approval of the proposed variance
on a vote of 7 to 0, based upon the following findings:
a) The triangular shape of the lot and the orientation of
the perceived rear of the house against what is technically
considered a side lot line, make this a unique lot.
Page 1 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
•.:
b) While this lot iE approximately 0.6 acres in area in a 2
acre zone, the property was developed prior to the 2 acre
standards, at a time when the side setback requirement was
only 10'.
c) There is a pre-existing deck at the proposed location of
the screened porch.
d) There is adequate vegetative screening and distance
between applicant's residence and the neighboring property
to the southwest such that the proposed additions will not
have a negative visual impact on the neighborhood.
4. The City Council has consic erec, this application including
the findings and recommendations of the Planning Commission,
reports by City staff, comments by the pplicant and the effect
of the proposed 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 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 demonstrable hardship or difficulty; is
necessary to preserve a substantia'--operty right of the
applicant; and would be in keeping wi spirit and intent of
the Zoning Code and Comprehensive Plan o City.
CONCLUSIONS, ORDER AND COND.
Based upon the above findings, the Or. City Council hereby
grants variances to the Municipal Zoning -ode Section 10.28,
Subdivision 5 (B) to pe mit the construction of a 3-season porch
addition to the south side of the residence, such addition being 21'
from the SL�ith side lot line where a 30' setback is normally required,
an,' granting variances to permit the construction of 7.5' high
sc. ?ening wall to be located 28' from the east side lot line and 48'
from the rear le'-. line, where setbacks of 30' and 50' respectively are
normally requis e.:, subject to the following conditions:
Page 2 of 5
0!_ 0
9gES,�0
June, 19:' .
CITY of OItONO
RESOLUTION OF THE CITY COUNCIL
NO. i �58 _-
!opted h* :he Orono City Ccuncil on this loth day of
BarbLra A. PetE....On, Mayor
V
Property wner(s)
STATE V: b1T'?NESOTA
) ss.
COUNTY OF HEN`7PIN )
The foregoing instrument was acknowleeued before me on this
loth day of Jun., 1991, by Barbara A. Peterson- & Dorothy M. Ha" lin,
Mayor & C'tv C.erk of the City of Orono; a Ainnesota municipal
corporation and said instrument was executes' .e ialf of the City.
F®R,..~.&V�pp
THERESA L NAM j
NOTARY PUBLIO • MINNLo s`
A AmmE w prw 8& 2
,..,......i
Nc::ar.y Public
Page 4 of ',,
CITY of 080N0
RESOLUTION OF THE CITY COUNCIL
NO. _ 2968
STATE bF MINNESOTI )
ss.
COUNTY OF HENNEPIN )
On this _ �1��c! _ day of _.•;.'C� 199L
before me a Not ry Public within anc fof -aid county, personally
appeared l�1kf(4 (Olc4-��►c�SF Luf %(�'`�r> known to me toing
the person( ) described in and who executed the foreg
insti,-ment, and acknowledged that he (they) executed the same as
his (their) free act and deed.
'C
NOTARY PUBLIC
L. MOT �u ' ONONE�aor�
MENNEPIN COUNTY
• yr �wMon �w ta.a�
MY COMMISS
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of _ 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 lie (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
Page 5 of 5
RESOLUTION #2968
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. Hallin, City 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 suer resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on June 10 , 1991 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this
llth day of June 19 91
or thyM. H llin, City Clerk
(SEAL)
erne Ord ngiraas a budding permit to
r• construct a W porn y budding on his to. Poor -
del property Mra wig house equipment need-
i0 to "ea' efoundw'"r Affidavit of Publication
1tUe1 5. No. 1642 Keith and Nola Swanson of 75
SIUMn OW Aosd seek approval of lot area and
tt eida setbadt ywimce for construction of a
State of Minnesota, County of Hennepin.
1 J. NeAonkl'4�O willowvni•r an a• Bill Holm, being duly sworn, on oath says that he is
r
t�.tylp�r�re°swiehkg>oban.rawill appear an authorized agent and employee of the publisher
~ tw a way eildte�. +� this tk"- The meeting ants at roc p•m. of the newspaper known as THE LAKER, Mound, Min-
iand eeMnoic rsriatioe tar a wrow r oi" ants are aogcdad Ptens we adad•
be able for nriew in the city offices by ap• nesota, and has full knowledge of the facts which are
4t at�erionetrran+.prrrogei poo f»m stated below:
1ltMge/ of ttaYtpp�ppd st or beh"
so t?wtl ti! ptiroipsi iteuctws. City of Orono
OL W. ta4o TM ("a Limi d" b hm w er ft rwg 011 A.) The newspaper has complied with all the require-
We-
plaid hr a variance 10 a ••Nleien
oom to Long Jne A. Midi ah. Buildinga Zoning Adowda-
$WbbeboMeddthe� Intersection t►f ments constituting qualifications as a qualified
ONWesrtftftM'mHlpo"12•the ugn• in newspaper, as provided b Minnesota Statute
an eeeeerery aMttpltifa, rra be piwed an a IA+bbf»d Ths Laker and Plaxrar tiAey e. Y
Cif fM +a+sf�«f •a+fn '�'i 33;A.02, 331A.07, and other applicable laws, as
4. No. 1641 FActwd Keew,ey of 3425 amended.
B.) The printed M
!9
which is attached was cut from the columns of said
newspaper, and was �f inted and published once each
week for / successive weeks:
It was first published Monday%
the day of ��� 19f/'
and was thereafter printed published every
Monday, to and including Monday,
the day of 19_;
D jl� Authorized Agent
MARINO TA A STRAUS .
RVER PUBLIC
CARVER COUNTY j
My C.OMMiSSNON ExvJAIS 3I-W,
Subscribed and sworn to me on this
M AY —f day of 19.
By: v a
Notary Public
Rate Information
(1) owest classified rate paid by commercial users for compara-
ble space: 610.40 per inch.
(2) Maximum rate allowed by law for iu)ove matter. $10.40 per Inch.
(3) Rate actually charged for above matter: $5.48 per inch.
Each additional successwn_ week $3 66 per inch
CERTIFICATE OF KAILING
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss.
CITY OF ORONO )
I, Jamie Bosma, of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning the matter of #1545, was mailed to the attached list
of property owners .
In Witness Whereof, I have hereunto set my hand and seal
this 1st day of May, 1991.
Jamie osma