HomeMy WebLinkAbout1990-07-09 Resolution 2834OF RESOLUTION 2834
0HUNO
A RESOLUTION GRANTING
VARIANCES TO
!MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B)
FILE #1548
WHEREAS, Julie S. Jensen (hereinafter "the applicant")
is the owner of the property located at 2700 Ethel Avenue within
the City of Orono (hereinafter "City") and legally described as
follows:
Lots 13 and 14, Block 2, Casco Heights, Hennepin
County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.25, Subdivision 6
(B) to permit the construction of a second story addition located
2.8' from the side lot line and 16.8' from the street lot line,
where a 10' side setback and a 30' street lot line setback are
normally 'reguired, and construction of a three season porch and
deck to be -located 2.8' from the side lot line where a 10' side
lot line setback is normally required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1548.
2. The property is located in the LR-lC Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on June 18, 1990, and recommended approval of the proposed
variance based upon the following findings:
A) The existing house was constructed 18.8' from the
front lot line, and 2.8' from the side lot line
abutting the alley, hence any upward additions
technically require a variance.
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city of OR ONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2834
R•Ilk. A
B) The ,proposed 3-season porch and deck will continue
the 2.8' setback along the left side lot line. The
area of this porch had previously been granted a
variance in 1976 for a deck in the same location.
These additions are adjacent to an undeveloped alley,
which contains City water lines but appears to be
maintained as part of the yard of the neighboring
property owner.
C ) Approval of the variances will not increase the
visual density in the neighborhood, since the nearest
neighboring structure is a detached garage 30' away on
the other side of the alley.
D) The proposed 2' cantilever over the front of the
house, leaving a 16.8' street lot line setback, is
generally in line with other residences constructed in
the neighborhood, hence granting the variance will not
result in a structure out of character with the rest of
the neighborhood.
E) Even with the proposed additions, the property will
meet all hardcover and lot coverage limitations.
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 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.
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City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2834
OR•
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 second story addition, three season porch and deck, such
additions being located 2.8' from the left side lot line where a
10' setback is normally required, and 16.8' from the street lot
line where a 30' street setback is normally required, 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 (July 9, 1991).
2. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the coning code, shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
3. The undersigned 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 on the 9th day of July, 1990.
J= s R. Grabek, ayor
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City of ORONO
CITY
OF
ORONO
STATE OF MINNESOTA
as.
COUNTY OF HENNEPIN
RESOLUTION OF THE CITY COUNCIL
NO. 2834
The foregoing instrumer. ,cknowledged before me on
this 9th day of July, 1990, by Jc 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.
W
AW PUKaeSA `• MMM A
ENS COUNTY
w�rN
Notary Public
STATE OF MINNESOTA
as.
COUNTY OF HENNEPIN )
On this ," day of ��� , 1990
before me a Notary Public within and r sal county, personal
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.
THERESA L FeHAAB
INWARY "UC • MftVMWA
HENNEPIN COUNTY
My oa+nw W -onw fist KA OA.2',-n,�
NOTARY PUBLIC
STATE OF MINNESOTA )
)as.
COUNTY OF HENNEPIN )
On this day of , 199_, before me a
Notal:y 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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