HomeMy WebLinkAboutResol 2893. '
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CITY
OF
ORONO
5730996
City of ORONO .-
RESOLUTION OF T HE CITY COUNCIL
NO. 2893
A RESOLUTION GRANTING
A VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE 11593
WHEREAS, Philip F. Kaley (hereinafter "the applicant") is
the owner of the property located at 1395 Brown Road South within the
City of Orono (hereinafter "City") and legally described as follows:
Lot 5, Block 1, Markville, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances
to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit
the construction of a 10' addition to the north side of the exisitng
residence requiring a street setback variance to South Brown Road at a
20' setback instead of the required 50' and a street setback variance
to Arbor Street proposed at 43' instead of the required 50'.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1593.
2. The property is located in the RR-lB Rural Residential Zoning
District requiring 2 acres in area. The subject property
consists of 18,182 s.f. or .4 acres.
3. The Orono P 1 anning Commission reviewed this app 1 i cation on
October 15, 19 9 O, and recommended approva 1 of the proposed
variances based based upon the following findings:
a. The house was placed on the property prior to the
current 2 acre zoning standards.
b. The property is surrounded by streets on three sides.
c. The property is .4 acres in area and subject to 2 acre
zoning standards .
. •'<'«.•
TIAN SPER ENTERED . Page 1 of 4
DEPT. OF PROPERTY TAX & PUBLIC ftECO ft D8
OEe 11 1900
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City of ORONO
R ESO L UTI ON O F TH E CI TY COUNC I L
NO . --"2"""8"""'9'-'3"------
d . The improvement would be consistent with similar
improvement projects of adjacent properties consistent in
size.
e. The property is served with sewer.
4. 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.
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 Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants variances to the Municipal Zoning Code Section
10.28, Subdivision 5 (B) to permit construction of an addition to the
north side of the house requiring street setback variances to both
South Brown Road (County Road 146) and Arbor Street, subject to the
following conditions:
1. Applicant is advised that a building permit will be required
for grade level deck. Applicant shall provide a survey locating
deck on property and building plans for deck construction .
2. 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 (October 22, 1991).
Page 2 of 4
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City of ORONO
RESO L UT ION O F T H E CITY COUNC I L
NO. 28 9 3
3. 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.
6. 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.
by the Orono City Council on this 22nd day of
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ss.
The foregoing instrument was acknowledged before me on this
22nd day of October, 1990, by James R. Grabek & Dorothy M. Hallin,
Mayor & City Clerk of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
THERESA L. NAAB
NOTARY PUBLIC • MINNESOTA
HENNEPIN C9UNTY MY commission exp,,sa 9-8·92
Notary Public
c?--!1-2a-
My Commission Expires
Page 3 of 4
City of ORONO
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this
before me
appeared
the
STATE OF MINNESOTA )
)ss.
COUNT Y OF HENNEPIN )
RESOLUTION OF THE CITY COUNCIL
NO. 2893
day of Q~ W,,,;V , 199 Q
within and or said county, personally
known to me to be
who executed the foregoing
he (t hey) e x ecuted the same as
THERESA L NAAB
NOTARY PUBLIC • MINNESOTA
HENNEPIN COUNTY 1141 oommlaalon expt.-ea &+92
MY COMMISSION EXPIRES
,!J (,q "::£ day of fJ(l £.D b x C , 19 9 Q before me
Public within and for said County, personally appeared
On this
. · a... · 1 ' 1 f-1 ,1 'l_Q_ known to me to be the
person(s) describe in and who e x ecuted the foregoinginstrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed .
NOT
THERESA L. NAAB
NOTARY PUBLIC • MINNESOTA
HENNEPIN COUNTY
t,4y commission expi .-es 9-8-92
MY COMMISSION EXPIRES
Page 4 of 4
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STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLUTION #28 9 3
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I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
fore-going 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 O ctober 22 , 19 9 0 and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this
26 th , day of October , 19 90 ----