HomeMy WebLinkAboutResolution 4071 sr� =r—�
� O�
i � � �
��b. - CITY of ORONO
� F
'ti RESOLUTION OF THE CITY COUNCIL
��9kE HOg'�G . . � NO. t� � � �
S .
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZO1vING CODE
SECTION 10.27 SUBD. 5 (B)
FILE NO. #2360
WI�REAS, Anthony and Lori E. Kmetz (hereinafter "the applicants") are the
owners of the property located at 640 Orchard Park Road within the City of Orono (hereinafter
"the City") and legally described as follows: �
Lot 13, "Orchard Park, Hennepin County, MN" (hereinafter "the properry"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.27, Subd. 5 (B) to permit the construction of a three stall garage
addition to be located 71.71' from the front lot line where a 100' setback is required.
� NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2360.
2. The property is located in the RR-lA One Family Rural Residential Zoning
District requiring 5 acres in area. The property consists of 4.79 acres.
3. The Orono Planning Commission reviewed this application on April 20, 1998
and recommended approval of the proposed variances based upon the following
� . . findings: .
A. The existing residence was constructed in 1959 before the current 5 acre
zoning standards.
B. Mature trees provide screening from the front property,line.
C. The setback for the addition is consistent with the neighborhood and is
necessary to function with the internal floor plan of the residence.
�
Page 1 of 4
. �
� O� •
• O O
��e. - CITY of ORONO
� ti :
,
'�' RESOLUTION OF THE CITY COUNCIL
���kE H�4�G � .� NO. � � � � i
S .
4. 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 variances`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 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. �
5. The City Council has considered this application including the findings and
recominendations of the Planning Commission, reports by City staff, cominents
by the applicants 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 above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.27, Subd. 5 (B) to permit the
construction of a three stall addition and entryway to be located 71.71' from the front property
line, subject to the following conditions:
1. The tennis court is 9' from the front properly line and is located in front of the
principal residence. It is considered a non-conforming accessory use that will
require variances for major structural repairs. �
2. Authorities granted by this variance run with the property not with the �
applicants, 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 27, 1999). .
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 I
misdemeanor. �
Page 2 of 4 I
�
ti
. ;
. � � O�
• O O
��b. - C ITY of ORONO
� � �
�� �'ti RESOLUTION OF THE CITY COUNCIL
L�kESH�S�`'�' NO. � 0 `� �. . �
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 27th day of April, 1998.
ATTEST:
. ` ' ��� .
Lin a S. Vee, City Clerk Gabri Jabbour, Mayor
� °r � ' .
roperty Owner (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 27th day of April,
1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the �City of Orono, a
Minnesota municipal corporation and said instnunent w executed on behalf of the City.
�'.
. � SAND g�(E
�,�s �,,a,,"� Notary Pub ' . �
i ,;� CAROLE A HASEMAN � `
NOTARY PUBLIC-MINNESOTA
� �:����o� HENNEPIN COUNTY
°•`'� My Commission Expires Jan.31,2000 •
�
Page 3 of 4
, , ti
• . , �
� O�
� O O
�b. � . C ITY of ORONO
� � ' ti .
'�' RESOLUTION OF THE CITY COUNCIL
� �L�kE H��'�G � � � NO. ���� "� �
S ,
STATE OF MINNESOTA )
) ss. ;
COUNTY OF HENNEPIN ) ,
On this �day of , 199�' before me a Notary Public within
. and for said counry,personally app red �
known to me to be the person(s) described in and who e ecuted the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed. ;
, .°. JAMIE l.GEMAR � � �
?^' ' NDtAfl'Y PUBlJCrl�pNi�tE50TA < i
. y ,
� ' • ���.� � NOT Y PUBLIC �� '
STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN ) �
On this ;3/ day of � , 199 be re me a Notary Public within
� and for said counry,personally appeared
known to me to be the person(s) describ in and � executed the.foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
) "°t�°"'�""rt�'M .
w t�,ssrau�ras e.nw
- OTARY PUBLIC
� '
STATE OF MINNESOTA )
. ) ss.
COUNTY OF HENNEPIN )
� On this �_day of � , 199 before me a Notary Public within
and for said counry,personally appeared "
known to me to be the person(s) described in and who execut d the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed. ..
SANDRA E. MIELKE `Ai1^�� •
� t�OTARY WBLPG-MiNPtESbTA I{�
�,,v co�,M�sS�o���s,�s�� . . NOTARY PUBLIC
Page 4 of 4
i �