HomeMy WebLinkAbout1985-07-22 Resolution 1810City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1810
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE #934
WHEREAS, Robert Tschida-(hereinafter "the applicant")
is the owner of the property located at 1300 Fox Street within
the City of Orono (hereinafter "City") and legally described as
follows:
Lots 10, 11, and 12, Block 14, Minnetonka Bluffs (here-
inaf ter "property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.28, Subdivision 5
(B) to permit the construction of an enclosed entryway located
28.7 feet from the front property line where a 50 foot 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 #934.
2. The property is located in the RR-lB Single Family Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on July 15, 1985, and recommended approval of the proposed
variances based upon the following findings:
A) The entryway enclosure wil create a more energy -
efficient home.
B) The entryway enclosure will likely not affect any
neighbor's views.
C) Neither Fox Street or Hanlon Avenue are developed
reads at this location, and the applicant has main-
tained the Fox Street right-of-way as yard area for a
number of years, hence the proposed entryway gives the
appearance of being setback nearly 60' from the edge of
the yard.
Page 1 of 4
City of ORONO
RESOLUTION Of THE CITY COUNCIL
NO. 1810
4. The applicant's hardship is the location of the existing
house and the location of the front door.
5. 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.
6. 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 pre-
serve 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council
hereby grants a variance to the Municipal Zoning Code Section
10.28, Subdivision 5 (B) to permit the con.truction of an en-
closed entryway located 28.7 feet from the front property line
where a 50 foot setback is normally required 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 application for a building permit
within one year of the date of Council approval, or this
variance will expire on that date (July 22, 1986).
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
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1810
o The undersigned applicant has read, understood and here-
by 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 Orono City Council on this 22th day of
(1) Property Owner
erk
Mary C. Bu r, Mayor
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City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 1810
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this L v"- day of - 11AL.Y —, 1985
before me a Notary Public within and for said county, personally
appeared P—or'c�T 7-�cHl1��i known to me to be
the person(s) described in and who executed the forggoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
♦ +'+' 1CiHi{EL P NIINNESOTA
c-
ool EN'PU eyN �OV�TYy6T
• i� EP
7 C., lon DP
4
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
JL4Ne //j 1967
MY COMMISSION EXPIRES
On this 2- //-t day of jug y , 1985, before me
a Notary Public within and for said County, personally appeared
-—/A 7- CCoILA 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.
/'d!,'!lNddd.Yld✓dC .•dddN�; 1YdIdM.. ., ,J�
MICHAEL P. GAFI=' S.) 4'
iL'N NOT PUBLIC - NIt1NC� ",'A
HENNEPIN COLIIJTY
My Commission E■ G it es Juno 7 t. 7..77 4i
4
" 'L .
NOTARY PUBLIC
// // P /
MY COMMISSION EXPIRES
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