HomeMy WebLinkAboutRecorded Resolution 3331RESOLUTION OF THE CITY COUNCIL
NO. 46
A RESOLUTION GRANTING A VARIANCE OGT �g t993
TO MUNICIPAL ZONING CODE JERIN COUNTY MINN,
SECTION 10.28, SUBDIVISION 5 (B) v ��: DEPUTY
FILE NO. 1870
WHEREAS, Stephen and Randi Carlson (hereinafter "the applicants"} are owners
of l' °�r r`^• p'� ^t 11 'd. Street within the f Orono a 1 OrA� V described the Y C. located �sL 1,85 Arhm Stree� � hi .he City of Ors o r en__l, e ib d. as
follows:
Lots 1, 2, 3, 4, 5; 6, 7, 8, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28, Block 2,
Maxwell's Addition to Crystal Bay, Hennepin County, Minnesota (hereinafter
the property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a 10' x 24' 8"
addition to the north side of the existing single stall garage to be placed 27' 3 " from the street
lot line instead of the required 50' .
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
1. This application was reviewed as Zoning File �#1870.
2. The property is located `the'RR-1B Rural Residential Zoning District requiring
two acres in area. The subject property consists of approximately 31/2 acres in
area.
3. The 31/2 acre parcel is served with municipal sewer.
4. The Orono Planning Commission reviewed this application on September 207
1993 and. recommended approval of the proposed variance based upon the
following findings:
A. Existing structure was not constructed under current two acre zoning
setback standards.
B. The location of structure on lot and setback is similar to other properties
in the Crystal Bay neighborhood.
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C.
"ITY of ORONO.
RESOLUTION OF THE CITY COUNCIL
The addition will extend no closer to street lot line than existing residence.
D. The steeper sloping topographies to the rear would require major filling
if structure was to be moved further away from the street and still be
installed as an attached garage.
=L: There i as Lever been a vexaicular accident resulting from the use of the
garage at this street setback.
4. The City Council fords 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 substantial property
right of the applicant; and would be in keeping with the spirit and intent of the
Zoning 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 applicant 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 findings noted above, the Orono City Council
hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit
construction of a 10' x 24' 8" addition to the north side of the principal structure to be located
27' 3" from the street lot line with a setback variance at 22' 7" or 45.5%, 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 (September 27, 1994).
2. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning .code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
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RESOLUTION OF THE CITY COUNCIL
NO. .E_I.
3. 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 agrees 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 27th day of September, 1993.
AT T
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EP
y
Dorothy M0 All City Clerk ward J. Calliffia , Mayor
\S)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged .before me on this 27th day of
September, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin7 Mayor and City Clerk of
the City of Orono, a Minnesota municipal corporation and said instrument was executed on
behalf of the City.
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RESOLUTION OF THE CITY COUNCIL
NO.
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this <� day of ti (;L� , 199 3 ,before me a Notary Public
within and for said County, personally appeared f£ ,� Cv� c�' _cevu�uw C
known to me °to be the persons j described in and who executed the foregoi nyinstr ument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
° .��. JAMIE L. BOSMA
NOTARY PUBLIC-MINNESOTA
' 4
HENNEPIN COUNTY
h°••° My Comm. Expires 12-19w97
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
Nol�rv/ Public
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 he (they) executed the same as his (their) free act and deed.
Notary Public
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'STATE OF.' MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. Hallin, CityClerk 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 o,f said City Council held
on September 27 19 93 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 se-t my hand and seal this
28th day of September 1.993
Dofothy
Hallin, City Clerk
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