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HomeMy WebLinkAboutResolution 3940 s � O O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL ��kESlio NO. _3 9 4 0 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE NO. 2266 WHEREAS, Ronald Hohrman and Robin Hohrman (hereinafter "the applicants") are the owners of the property located at 190 Cygnet Place within the City of Orono (hereinafter "the City") and legally described as follows: Lot 4, Block 3, Swan Lake Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to construct a screened-in porch on the rear of their house encroaching 4' into the required 50' rear yard setback, and to add a one car garage stall to the existing attached double garage encroaching 2' into the required 30 side yard setback. Variances for reducing the rear yard setback from the required 50' to 46' where 48' is existing and reducing the side yard setback from the required 30' to 28' are required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File.#2266. 2. The property is located in the RR-1B One Family Rural Residential Zoning District where the minimum lot area requirement is two acres. 3. The Orono Planning Commission reviewed this application on July 21, 1997 and recommended unanimous approval of the proposed variances based upon the following unique-findings and hardships: TRANSFER ENTERED HMNEPIN COUNTY TAXPAYER SERVICES SEP 12 1"? Page 1 of 4 Bollun /OA ti CITY of ORONO �0 RESOLUTION OF THE CITY COUNCIL ESH0 NO. _3_2 4 0 v A. The subject property does not meet the minimum lot area and lot width requirements, restricting the allowable building pad for the proposed additions. 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 recommendations of the Planning Commission, reports by City staff, comments 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 rear yard and side yard variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a screen porch attached to the rear of the existing house encroaching 4' into the required 50' rear setback, and a one car garage stall attached to the existing two car garage encroaching 2' into the 30' required side yard setback, subject to the following conditions: 1. 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 (July 28, 1998). 2. 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. Page 2 of 4 � °� 0 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL �9kESH�g� NO. 3940 3. 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 28th day of July, 1997. A EST: Dorothy allin, City Clerk Gabrie Jabbour, Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th.day of July, 1997 by Gabriel Jabbour and 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. CAROEA* ] '�°1 �� �?�/�.�•�: A< NOT�� Notary Public FiY CamnisSi Page 3 of 4 O O b CITY of ORONO %v RESOLUTION OF THE CITY COUNCIL �9kESH04� NO. e3 940 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this -5-1 day of f , 199 r7 , before me a Notary Public within and for said County, personally appeared ' d' =r Y PPS 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 V C 7 4,-7/f C l A1L 12Z.gr ..� NOTARYPUK"INNESOTA Notary Public HENNEPIN COUNTY •. M�►OdnftM Wres Jan.31.21100 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of ' 199 , before me a Notary 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 Page 4 of 4 l RESOLUTION # 3 9 4 0 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Dorothy M. Hallie, 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 July 28 19 97, 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 29th , day of July or thy M. , City1 lerk (SEAL) RIaGISTEf?�ED L'Ol. �, "l OFFICE OF TH, OF Tr: HENNEPIN COUN-i' CERTIFIED FILED ON SEP 151997 REGISTRAR OF TITLES DEPUTY NGG