HomeMy WebLinkAbout#1586 Recorded Resolution 2883I
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57 310 00
City of ORONO
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 11586
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 1 ega l ly 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 (513.48') 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,
s ·ubdi vision 5 (B) to permit the construction of an addition to
the existing garage located 6'6" where the addition will be 6'4"
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-lB Single Family
Rural Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on September 17, 1~90, 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".
TRANSFl:R ENTERED
)En OF PROPER TY TAX & PUBLIC REC ORDS
_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.
DEC 11 1900 Page 1 of 4
~·~ lY -i,._,. __ ..,._..,....__ DEPUTY
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. __ 2_8_8_3 ___ _
4. The City Counci 1 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.
CONCLUSIONSr 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 6'4" from the north side lot line instead of the
required 30', 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.
Page 2 of 4
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City of ORONOr·
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RESOLUTION OF THE CITY COUNCI ·
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.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ss.
Council of the City of Orono,
held on the 8th day of October,
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 •
• UNlJ,\ S. VEE
NO TA RY P Uij U C -MINNESOTA
HEN N EPIN COUNTY
My comm issi on exp ires 8-12-411
Notary Public
Page 3 of 4
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City of ORONO
)
) ss.
COUNTY OF HENNEPIN )
R ESOLUTION O F THE CITY COUNCIL
2883 NO.
cJ C/ /::t day of ;(lb, b.£.x:: , 19 9 A
before me a Notary Public within and for said county, personalty
On this
appeared ;Ja V)A..()..S S. 81, vano n ,--Tc .t So /e cO((.Q<lil <
known to me to be the person(s) describ din and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (thei r) free act and deed .
ESA L. NAA B
NOT~~~UBLI C • MI NNES OTA
ENN EP IN CO UN TY .. !' co mmlaalon exp 1.-e s 9-8 -92 ... , ,,1 ~/4J-
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
NOTARY PUBLIC
On this ____ day of , 199 , before me a
Notary Public within an_d_f_o_r--s-a~i_d_C_o_u_n_t_y_, personally appeared
me to be the person(s) described in and
foregoing instrument, and acknowledged that
the same as his (their) free act and deed.
NOTARY PUBLIC
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN)
known to
who executed the
he (they) executed
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
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2883
I, Theresa. L. Naab, Deputy Clerk, of the City of Orono,
Hennepin County, Minnesota, do her e by 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 October 8, 1990, and that
the same is a true and correct copy of said resolution was duly
adopted by said City Council at said meeting.
seal
with
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