HomeMy WebLinkAbout1990-08-13 Resolution 2852W-,)
City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
NO. 7VOW 2852 -14,00W
ORONO
A RESOLUTION GRANTING A VARIANCE TO
MUNICIPAL ZONING CODE SECTION 10.24 SUED. 5(B)
FILE #1566
WHEREAS, Dr. and Mrs. Thomas Regnier (hereinafter "the
applicants") are owners of the property located at 1205 Elmwood
Avenue within the City of Orono, (hereinafter "City") and legally
described as follows:
Lot 1, Block 5, Saga Hill Revised Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a
variance to municipal Zoning Code Section 10.24 Subd. 5(B) to
permit the construction of additions to the existing residence,
such additions being located 6.5 feet from the side street lot
line where a side street setback of 35 feet is normally required.
NOW, THEREFORE BE IT RESOLVED, by the City Council of
the City of Orono, Minnesota:
FINDINGS
1. This application was reviewed as zoning file #1566.
2. The property is located in the LR-lB Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
July 16, 1990 and recommended approval of the proposed variance
on a vote of 5 to 0, based upon the following findings:
a. The additions will have no significant effect on the
perception of visual density in the neighborhood.
b. There is no other reasonable and feasible location
for the addition meeting the code requriements, the
hardship being the existing house location and the lot
width in relation to the required side street and side
yard setbacks.
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CITY
()F
ORONO
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. -2,00 2852 V%o
c. With appropriate
an encroaching fence
the additions will
neighborhood.
vegetr,� ti ve screening and removal c f
along the north side of the garage,
have no jetrimental impact on the
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.
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
,:could not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring propc_ty; would
not merely serve as a convenience to the applicant, but is
necessary to alleviate a demonstrable )�irdship or difficulty; is
necessary to preserve a substantial-17opert} right of the
applicant; and would be in keeping with t,-e spirit and intent of
the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono
City Council hereby grants a variance to Municipal Zoning Code
Section 10.24 Subd. 5(B) to permit the construction of a second
story addition and westerly extending room addition to the
existing residence, such additions being 6.5.-feet from the side
street lot line where a 35 foot side street setback is normally
required, subject to the following conditions:
1. Applicants shall remove the existing fence area
located on the north side of the garage, prior to
footing inspection for the additions.
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City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. �'$4V 2852 tea►
ORONO
2. Applicants shall limit hardcover in the 75 - 250 foot
zone to 25%. All existing and proposed hardcover
approved with this variance application is recorded on
the survey and hardcover caculation attached to this
resolution as Exhibit A. The current owner and all
future owners of this property are placed on notice that
hardcover shall be maintained at the current levels, and
any proposed improvements to this property that will
result in additional hardcover must be approved by the
City and such approval may result in a requirement for
concurrent equivalent or greater removals of existing
hardcover. All existing hardcover scheduled for
removal, as shown in Exhibit A must be removed prior to
the footing inspection for the new construction.
3. As part of the building permit application,
applicants shall provide a vegetation/screening plan for
the area north of the westerly addition, such plan to
provide a sufficient number and' size of plantings to
yield a 70% opaqueness at full maturity to a height of
at least 10 feet. These plantings shall be completed
within 90 days of the date of final inspection of the
additions, and failure to provide such plantings shall
be considered a violation of the terms and conditions of
this resolution.
4. Authorities granted by this variance run with the
property not with the applicant, but 'are permi sive 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 (August 13,
1991).
5. 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.
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City of ORONO
RESOLUTION OF THE CITY COUNC14
NO. 2,8,4,6 2852
6. The undersigneu 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 City Council of the City of Orono,
Minnesota at a regular meeting held or. the 13th day of August,
1990.
ATAST: ��JameR.abe or
thy allin, City Cler
Property Owner(d)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
the 13th day of August, 1990, by James R. Grabek & 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.
THEREBA L NAA9 Notary Public
F—O �� PUeL10 - MINNESOTA (� Q
kENNEPIN COUNTY / �O ' 9 a
14r oomruWon W,%*w 94-92
My Commission Expires
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City of OR ONO
RESOLUTION OF THE CITY COUNCI_�
NO. r'- O 2852 �M
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day
before me a Notary Pu lic wit
appeared �oy),,a s h. e r n ' e T
the persons) descrJbed in
instrument, and acknowledged
his (their) free act and deed.
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
of /4z tS r�s�
hin and or said county,
To; t- known
and who executed the
that he (they) executed
19 9_�2
personally
to me to be
foregoing
the same as
NOTARY PUBLI
THERESA L NAAB ;
NOTARY RAW - MINNESOTA
HENNEPIN COUNTY
Mb aonn "M WvUM "42
MY COMMISSION EXPIRES
On this net day of _ C_k Az__✓ 199Q before me
a Notary Publicwithinand for mid County, personally appeared
C�►',\� �'_ t�`,t !-c �g ���'� ,� TC, n�' !�•'t �`Y� ✓known � to me to be the
persons) described' in and who executed the foregoing instrument,
dnd acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLI
THERESA L NAAB
NOTARY PLOW - MINNESOTA
HENNEPIN COUNTY
My Mr-"- -PLVO 94-92
MY COMMISSION EXPIRES
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