HomeMy WebLinkAboutResolution 3684 t! . I..
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'�' RESOLUTION OF�H�E C�IT�Y COUNCIL
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� A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.24, SUBDIVISION 5 (B)
FILE NO. 2106
WHEREAS, William J. Stoddard and Laura C. Stoddard (hereinafter "the
, applicants") are the owners of the property located at 2605 Kelly Avenue within the City of
Orono (hereinafter "the City") and legally described as follows:
Lot 5, Block 5, Townsite of Langdon Park, including adjoining vacated 34 feet
of Kelly Avenue, City of Orono, Hennepin County, Minnesota (hereinafier "the
property"); and
VVHEREAS, the applicants have applied to the City for a variance to Municipal
. Zoning Code Section 10.24, Subdivision 5 (B) to permit the rebuilding of an exterior wall of
a guest house located 3.1' from the west side lot line where a 10' setback is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2106.
2. The property is located in the LR-1B, Lakeshore Residential Zoning District
requiring one acre in area. The property consists of 1.68 acres.
3. The Orono Planning Commission reviewed this application on February 20, 1996
and recommended approval of the proposed variance based upon the following
unique findings and hardships:
, A. Major landscaping improvements were completed at the time of the �
renovation of the guest house and to relocate structure to the east in
order to meet the 10' side setback would result in the loss of several new
P plantings and retaining walls.
;• B. The movement of the structure to the east will result in the loss of
several mature trees and plantings.
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C. The structure has existed in its current location for over 35 years.
D. Steep slopes to the east and the south of the guest house structure
provide additional obstacles or restrictions if new construction were to
meet 10' side setback.
E. The foundation is in excellent shape and was not damaged. by the fire.
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 variances 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 applicants 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 above findings and hardships, the Orono City
Council hereby grants a variance to Municipal Zoning Code Section 10.24; Subdivision 5 (B)
to permit the reconstruction of a section of exterior wall and grants a 6.9' or 69% side setback
variance, subject to the following conditions:
1. Authorities granted by this variance run with the property not with the
applicants, 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 (February 26, 1997).
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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.
3. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the Chain of Title of
the property. �
Adopted by the City Counci,l of the City of Orono, Minnesota at a regular
meeting held on the 26th day of February, 1996.
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A TEST:
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Do othy M. m, City Clerk Edw d T. Callahan, Jr., yor
Gabri 1 Jabbour, Acting Mayor
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Pr ert Owner (s) ,
STATE OF MINNESOTA )
) ss.
COUNTY OF HENi�1EPIN )
The foregoing instrument was acknowledged before me on this 26th d.ay of
February, 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of
the City of Orono, a Minnesota municipal corporation and said instrument was executed on
behalf of the City.
Notary Public
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this � ��' day of; �.�vt-��Q��� , 199�O , before me a Notary Public
within and for said County,personally appea• d �' ' - , �+
known to me to be the person(s) described in and who exec d the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
� �8 t�x�..
��••�., JAMIE L.BOSMA Notary lic
� NOTARY PUBLIC-MINNESOTA
' ' = :�,.' HENNEPINCOUNTY �
,�/MN4�0 My Commission Expires Jan.31,2000
�
STATE OF MINNESOTA j
) ss.
COUNTY OF HENNEPIN )
Onthis ��-� day of e.6�-� , 199 (o , before rne a I�?otary Public
within and for said County,personally ap eared �-�. <� -i L:,,�P i.r.<<..,,�.c/
known to me to be the person(s) described in and who executed the fore�oing instrument, and
acknowledged that he (they) executed the same as his (their) free act aiid deed.
otary Publ'
JpBEPH R.FlNNEGAN
���TA
QA1/OONML OVIIEf 01�31.2000
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