HomeMy WebLinkAbout#2487 Recorded Resolution 4295.,
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. :42 § ~
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE #2487
WHEREAS, Roberta J. Roth (hereinafter 11 the applicant11
) is owner of the
property located at 1251 Briar Street within the City of Orono (hereinafter 11 City 11
) and legally
described as follows:
Lot 1 and the North Half of Lot 2 , Block 3, Crystal Bay Minnetonka, Hennepin County,
Minnesota (hereinafter 11 the property 11
); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City · of Orono Zoning and. Planning Codes, the Orono . Planning
Commission held a public hearing on May 17 , 1999, at which times all persons desiring to be
heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.28, Subdivision 5 (B) to permit a front yard setback of 35.51 where
50 1 is required, side yard setback of 25.9 1 where 301 is required and a side yard adjacent to
street setback of 15.2 1 where 50 1 is required to allow the removal of an existing house and
construction of a new residence on the existing foundation .
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono ,
Mi1mesota:
FINDINGS
1. This application was reviewed as Zoning File #2487.
2. The property is located in the RR-IB, Zoning District, w here 2 acres or 87,120
s.f. is the minimum lot area. The property consists of .25 acres or 10 ,500 s.f.
3. The Planning Commission reviewed this application on May 17 , 1999 and
recommended approval on a vote of 4 to 0.
Page I of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 9 5
4. The Planning Commission made the following findings of fact:
A. The existing foundation is located in the front yard, side yard, and side
yard adjacent to street setbacks.
B. Replacing the structure will not increase hardcover or structural coverage.
C. Replacing the structure will not further intensify development on the lot.
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 Zomng code and Comprehensive Plan of the City.
6. 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit a front
yard setback of 35.5' where 50' is required, side yard setback of 25.9' where 30' is required and
a side yard adjacent to street setback of 15.2' where 50' is required to allow the removal of an
existing house and construction of a new residence on the existing foundation. Approval was
subject to the following conditions:
1. Authorities granted by this variance run with the property not with the applicant,
but are permissive only and must be exercised by appHcation for a building
permit within one year of the date of Council approval, or this variance will
expire on that date (May 24, 2000).
Page 2 of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL . 4 0J 0 NO. . -~ 1-:P 5.
2. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning 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 herself, her 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 24th day of May, 1999.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 24th day of May ,
1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
CARO LE A. HASEMAN
NOTAR Y PUBLIC · MINN ESOTA
My Com missio n Expires Jen. 31, 2005
-~ -~·· ·"' <...,
Page 3 of 4
CITY of ORONO .
RESOLUTION OF THE CITY COUNCIL :
~o. 4 2 9 5 .. ~ ·
-= STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
2CJc,r.>
O~ this ;t/,-111 day of ~:Tanu6-ry , :?99 . before ~ea No~ry Public within
and for said county, personally appeared Rab <>~-{a_ T 1!.o ft, 1 no i rn o... ,T, e d
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.
CAROLE A HASEMAN
NOTARY PUBLIC. MINNESOTA
t.t, Commission Expires Jan. 31, 2005
STATE OF MINNESOTA ) .
) ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
On this __ day of ________ , 199 before me a Notary Public within
and for said county, personally appeared __________________ _
known to mP. to be th~ person(~) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOT ARY PUBLIC
Page 4 of 4
42 ° r,i, RESOLUTION#_·_--__ i:JJ_-_0> __
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
80 ~ .:/14 q I s B
OFFICE OF COi 111 Y Rt CORDER
HEl,N EPIN CO l.!HTY , Mlll~,E. OT A
00 H R 27 A 9: 41 ~
':_ -~~~}?e.?!-'~910 REC
J.-. ~ ...... , , • ..._.. __ l.t·' V • •
_ ~r>UTY
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing copy of a resolution of the City Council of the City of
Orono with the original record of such resolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on May 24, 1999 , and that the same is
a true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this --=2=6t=h._____ day of
May , 19 ___22_.
Linda S . Vee, City Clerk