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HomeMy WebLinkAboutResolution 1508 � J�S ♦ .;`��MV � r � �lty o� ORONO � i � RESOWTION OF THE CITY COUNCIL NO. 1508 � Granting A Variance to Municipal • � • • Zoning Code Section 34.842 - File 757 ,,,•F Whereas , Kent J. Norman (hereafter "applicant") is the owner of a property located at 538 Russell Avenue within the City of Orono (hereinafter "City") a.nd legally described as Lot 9, Auditor ' s Subdivision Number 34J7, Hennepin County, Minnesota (hereafter "property") ; and 4Vhereas , the applicant has applied to the City for a variance to municipal zoning code section 34.842 to permit the construction of a 15 ' x 15' addition to the rear of his residence to be located 19 feet from the rear property line instead of the required 5D1 feet. Now, Therefore Be It Resolved by the City Council of Orono , Minnesota : . • Findings 1 . This application was reviewed as zoning file no. 757 . 2. The property is located in the RR-1B Rural Residential Zoninqo,. � . District. .3 . The Orono Planning Commission reviewed this application on July 18, 1983 , and recommended approval of the variance as requested based on the following findings and hardships: a) The property is one acre in area and subject to � standards established for two acre rural lots . b) The property is sewered . _ c) The depth of the lot at the house location i.s approximately 110 feet, theexisting structure does not meet the required setbacks for the RR-1B • zoning district. d) The severe sloping of the land at the south side of the principal structure inhibits construction of an addition. � 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, � reports by City staff , comments by the owner and other interested persons , and the effect of the proposed variances on the health, safety and welfare of the community. page 1 of 4 . � � � � < C�t� o� ORONO � RESOLUTION OF THE CITY COUNCIL NO. 150 8 • � • � • • 5. The City Council finds that the conditions existinq 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 effect traffic conditions , light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner , but is necessary to. al•leviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the owner ; 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 Section 34.842 to allow construction of a 15 ' x 15 ' addition to the existing residence on the property legally described above to be located 19 feet from the rear property line instead of the • required 50 feet subject to the following conditions: , 1 . The applicant shall deed to the City that portion of Russell Avenue that intersects the property. 2. No other variances are granted or permitted for this. �. structure. � 3. Authorities granted by this variance run with the property - not with the owner , but are permissive only and must be exercised by application for a buildinq permit within one year of the date of Council approval , or this variance will expire on that date (August 8, 1984) . , 4. Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shallautomaticallyterminateanyauthority granted herein, and shall be punishable as a misdemeanor . 5. The undersigned owner 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. � page 2 of 4 � ' � ^ . � � � clt� o� oR,oNO . RESOLUTION OF THE CITY COUNCIL NO. 1508 • • � • • Adopted by the Orono City Council on this 8th day of August, 1983e ATTEST: ' • CITY OF ORONO _' ���,��� � � � City C er Mayor ( 1) , /�G?�""�, a'`�-_ . roperty wner (s) . • (2 Property Own r (s , (�) '. P r o p e r t y Own e r (s) �„r,,,,,,�,�„�, .tOHN R. �ERHARDBpt� STATF OF MINNESOTA ) • � NOTAAY�LIQ-MMINESOT ) s s. H#NN�PIN COUN w��,.�.� COUNTY OF HENNEPIN ) On this �� day of , t.�' , 1983 , before me a Notary P blic within an or said County, personally appeared ��2�..� �,yL,f�,� ' , G✓,Y�i�o�-� .�.�` known to me to be the person (s) described in and who execu`ted the foregoing instrument , and acknowledged that he (they) executed the same as his (their) free act and deed . � .Gl. � N ARY PUBL C `d '`'�' '�' � � MY COMMISSION EXPIRES paqe 3 of 4 A p,+ � � „ _ � Cit o� ORONO � � . � RESOLUTION OF THE CITY COUNCIL NO. 1508 • • , • � • • STATE OF MINNESOTA ) . ) ss . ' COUNTY OF HENNEPIN ) . On this day of , 1983 , before me 'a Notary Public within and or said County, personally appeared ' • " known to be the . person (s) described in and who who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed . NOTARY PUBLIC • MY COMMISSION EXPIRES STATE OF MINNESOTA ) � ' ) ss . COUNTY OF HENNEPIN ) . � On this day of , 1983 , 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 MY COMMISSION EXPIRES This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386.77 . State Deed Tax Due Hereon:. Exempt � � This instrument was drafted by: City of Orono , P. O. Box 65 Crystal Bay, MN 55323 • page 4 of 4