HomeMy WebLinkAboutResolution 2883City of ORONO
w RESOLUTION OF THE CITY COUNCIL
• NO. 2883
A RESOLUTION GRANTING
AN AFTER -THE -FACT VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE #1586
WHEREAS, James S. Buranen (hereinafter "the applicant")
is the owner of the property located at 1085 Brown Road South within
the City of Orono (hereinafter "City") and legally described as
follows:
That part of Government Lot 6, Section 10, Township 117N,
Range 23W of the 5th principal meridian, described as
beginning at a point on the East line of said Government Lot
6 distant 7.78 chains (513.481) South of the Northeast
corner of said Government Lot 6; thence West 312 feet;
thence South 111.54 feet; thence East 312 feet; thence. North
111.54 feet to the point of beginning, (hereinafter "the
property") ; and
WHEREAS, the applicant has applied to the City for an
after -the -fact variance to Municipal Zoning Code Section 10.28,
Subdivision 5 (B) to permit the construction of an addition to
the existing garage located 6'6" where the addition will be 614"
instead of the required 30' setback.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1586.
2. The property is located in the RR-1B Single Family
Rural Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on September 17, 1990, and recommended approval of the
after -the -fact variance based upon the following findings:
A) The proposed addition will encroach no closer into
the substandard setback area than 2".
B) The fee owner of the property located at 1045 South
Brown Road has submitted a written statement noting
that he has no objection to the proposed addition to
the garage.
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- rArv.
OF
G. [N#C7
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2883
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
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 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 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 findings noted above, the
Orono City Council hereby grants an after -the -fact variance to
municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit
the construction of an addition to the existing garage that will
be located 614" from the north side lot line instead of the
required 301, subject to the following conditions:
1. Based on the substandard setback of the north wall of
the attached garage, a fire wall shall be installed along
the north side of the existing garage and proposed addition.
2. Applicant shall obtain a building permit for the
proposed addition to the existing attached garage. Such
permit shall not be subject to penalty fees.
3. Authorities granted by this resolution 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 (October 8, 1991).
4. 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.
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City of OHONO
RESOLUTION OF THE CITY COUNCIL
• NO. 2883
5. The undersigned applicant has read, understood and
hereby 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 City Council of the City of Orono,
Minnesota at a regular meeting held on the 8th day of October,
1990.
ATTEST:
f
Theresa L. Naab, Deputy Clerk Edward J. C&1-1ahan, Jr., �mg Mayor
roperty Owner(s)
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on
this 8th day of October, 1990 by Edward J. Callahan, Jr., Theresa
L. Naab, Acting Mayor & Deputy Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed
on behalf of the City.
Page 3 of 4
LTNDA S. VEE
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
STAT
ss.
COUNTY OF HENNEPIN
City of oR,olvo
RESOLUTION OF THE CITY COUNCIL
NO. 2883
On this C� Vd!!� day of , 1990
before me a Notary Public within and for said county, personally
appeared --ra rvwL 5 &t'- -ne-n , Z-r.
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.
THERESA L NAAS
NOTARY PUBLIC - MINNESM
HENNEPIN COUNTY
N�► aommhlon mq�m �
NOTARY PUBLIC
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
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
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