HomeMy WebLinkAbout1989-08-28 Resolution 2689City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. -61H9
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B)
FILE #1435
WHEREAS, John and Gail Nafus (hereinafter "the
applicants") are the owners of the property located at 2580
Dunwoody Aveiiue within the City of Orono (hereinafter "City") and
legally described as follows:
Exhibit A, attached (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a
variance to Municipal Zoning Code Section 10.25, Subdivision 6
(B) to permit the construction of a garage/storage addition,
24'x34', to the rear of the residence to be located 14' instead
of 15' from the right-o_-way of Casco Point Road requiring
approval of a l' setback variance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1435.
2. The property is located in the LR-lC Single Family
Lakeshore Rr dential Zoning District requiring 1/2 acre in
area. The property consists of 22,000 square feet.
3. The Orono Planning Commission reviewed this appiicati.on
on august 21, 1989, and recommended approval of the proposed
variance based upon the following findings:
A) The proposed addition will be located 43' from the
travelled road portion of Casco Point Road.
B) The garage had to be located to the east fide of
the rear because of the view windows along the western
portion of the rear of the house.
C) Side and front yards do not have adequz:te area
within the defined building envelope to meet the
setback requirements for the proposed 24'x34' addition.
Page 1 of 4
a
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2689
D) The proposed location cf the addition does not
require removal of any trees.
4. The City Co.ncil 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 comtr.uniLy.
5. The City Counr,i 1 f. Inds 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,
liqht, 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.
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 10.25, Subdivision 6 (B) to permit the construction
of a 241x34' garage storage addition to the rear of the house
requiring a setback variance of 1', subject to the following
conditions:
1. The owners are hereby advised that a new curb cut at
Casco Point Road must be approved by the Public Works
Department and that such a request may necessitate the
removal of one of the two existing curb cuts at Casco Po..'t
Road and Dunwoody Avenue.
2. Authorities granted by this resolution run with the
property not with the applicants, but are permissive only
and must be exerc: sed by applicatior for t building permit
within one year of the date of Council approval, or this
variance will expire on that date (August 28, 1990).
3. 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.
Page 2 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2(D89
4. 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
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 August,
1989.
ATTEWT :
thy allin, City C
)�J
;ATEper y Owne s OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
JameW R. Grabek,
ti
""A P C��
The foregoing instrument was acknowledged before me oii
this 28th day of August, 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.
Public
LAURIE K. SCHEFFLER
NOTAAt N"Wc—MlM►1(SOTA
HENNEPIN COUNly
r' my comrmamon uPK-6.8-93
na
My Commission Expires
Page 3 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2689
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this �Mlq day of A(f(�U , 198 -
before me_a._14otary 6Q5
ic ,w hin a d for said county, personally
,,. appeared otw A _ a LmiL _h 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.
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEP_N )
NOTARY PUBL
LAAISX. SCHEFFLER
•�,rp;t',i ,1pr�ar C — MINN(SOiA
'Yr`l HENNEPIN COUNTY
My commsmon exerrer6.8.93
M7. COMMISSION EXPIRES
On this day of , 198 , hefore me
a Notary Public within and for said County, personally appeared
known to me to be the
pe-son(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
Page