HomeMy WebLinkAboutResolution 1474 � -, r
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� d� ',� Clt� o� ORONO
'�"�' RESOLUTION OF THE CITY COUNCIL '
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��� NO. 14 7 4
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� - � ��Y' Granting Variances to Municipal .
Zoning Code Section 34.552 - File 730
Whereas , Kevin Rolf is the owner (hereafter "owner") of
property located within the City of Orono (hereafter "City") at 270�
Casco Point Road legally described as Lot 14 , Block 3, Casco Heights
(hereafter "property" ) ; and
Whereas , the owner has applied to the City f°or variances to
municipal zoning code section 34 .552 to allow construction of a
detached garage 20 f_eet from the front/street property line, instead
of the required 3�J feet and 3 feet from the side/north property line
instead of the required 10 feet.
Now, Therefore Be It Resolved by the City Council of Orono ,
Minnesota : "
Findings
• 1 . This application was reviewed as zoning file no. 730.
2. The property is located in the LR-1C Single Family Lakeshore
Residential zoni.ng district. �
3. The propos�d garage is to be no larger than 24 ' X 24 ' .
4. The Orono Planning Commission reviewed this application on
March 21 , 1983, and recommended approval of the variance as
requested based upon the following findings :
a) To place the proposed structure at the 30 ' setback would •
require extensive land alteration of the steep front yard
bank.
b) The degree of slope increases as youmove to the rear/east
of the property.
c) The existing garage is located . 5 ' from the front/street
property line; the 20' street setback of the proposed garage
will provide safer access.
d) The proposed variance application does not require any
other variances to the municipal zoning code .
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� ��� C�t� o� ORONO
• �
�.�:_�, RESOLUTION OF THE CITY COUNCIL
NO.
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The City Council has considered this application including
K e findings and recommendations of the Planning Commission, �
. reports by City staff , comments by the owner and other interested
persons , and the effect of_ the proposed variance on the health,
safety and welfare of the community.
6 . The City Council finds that the conditions existing on this
property are pecul iar to it and do not apply generally to other
property in this zoning district: that granting the variance
would not adversely effect traffic conditions , light , air nor
pose a £ire hazard or other danger to neighboring property; would
not merely serve as a convenience to the owner , but is necessary to
alleviate a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the owner ; and would be
in keeping with the spirit and intent .of the zoninq code and
. comprehensive plan of the City.
CONCLUSIONS , ORDER AND CONDITIONS �
� Based upon the above findings , the Orono City Council hereby grants
variances to section 34 .552to allow construction of adetachedgarage
20 feet f_rom the front/street property line and 3 feet from the
side/north property line, subject to the following conditions :
1 . The new construction ��ill involve extensive alteration of
the steep bank, owner must grade so to direct all surface drainage
to the front/.street side of the 1ot.
2. Applicant is placed on notice that if future improvements on
the property involve additional hardcover that existing
hardcover must be removed to match the new hardcover proposed for
the property.
3 . No other variances are granted or permitted for this
structure and this structure may never be used as an additional
residential unit on the property.
4. . Authorities granted by thi�s variance run with the property
not with the owner�, 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
(April 11 , 1984) .
5. Violation of or noncomp].iance with any of the terms and
• conditions of this variance shall constitute a violation of the
zoning code , shallautomaticallyterminateanyauthority granted
herein, and shall be punishab.le as a misdemeanor .
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���Yr�� C�t� o� ORONO
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:;��,
''�4:' RESOLUTION OF THE CITY COUNCIL
����,: 14 7 4 ..
�.,z•� NO.
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• • • •,' .
6. The undersigned owner has read , understood and herebyagrees
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 Orono City Council on this 11 day of April , 1983 .
ATTEST: CITY OF ORONO
C�(����C�/���'f7. ��G�.r/ � �
, City Clerk � Mayor
—
�1) - —
• Property Owner (s)
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN ) �
On this � day of , 1983 , before me a Notary Public
within and for said Coun y, personally appeared
x�1/1./U �OL.,�
known to me to be the person (s) described in and who executed the
foregoing instrum.ent , and acknowledged that he (they) executed the �
same as his (the,ir) free act and deed .
� ' G�.�/�� �/'/- ,
x VERAM.SPAITH NOTARY PUBLIC
�_`-�-"�'� NOTARY PUBLIC-MINPlESO7A
t HENNEPIN COUNTY �
��� PAY COMM.EXPIRES AUG.28,1986 �a g��
.
n MY COMMISSION EXPIRES
This document is being recorded for the benefit of the City of Orono per
Minnesota Statutes 386.77.
State Deed Tax Due Hereon: Exempt
� This instrument was drafted by:
City of Orono
P.O. Box 6ti �
Crystal Bay, MN 55323