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HomeMy WebLinkAbout1989-09-11 Resolution 2695City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 2695 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDMSION 9 (D) FILE #1437 WHEREAS, John B.A. Idstrom, II (hereinafter "the applicant") is the owner of the property located at 2580 Fox Street within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 1, Beau Marais, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit the construction of a horse barn located nearer the front lot line than the principal building on the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application wa., reviewed as Zonin; File #1437. 2. The property is located in the RR-lB Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 21, 1989, and recommended approval of the proposed variance based upon the following findings: A) The proposed setbacks and existing vegetation tend to make the visual impact of this structure minimal. B) The hardship is that the existing house sits relatively near the rear lot line, approximately 1,000 feet back from the front lot line. The long narrow shape of the lot makes it impossible to meet the required "public stable" setbacks on any other location in the lot. 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. Page 1 of 4 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 2695 .ty 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 findings noted above, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.03, Subdivision 9 'D) to permit the construction of a horse barn to be located ne rer the front lot line than the principal building on the property, subject to the following conditions: 1. Only the 864 square foot barn is approved for construction at this time. 2. Authorities _:anted 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 (Septembez 11, 1990). 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. 4. 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. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2695 adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the llth day of September, 1989. ATDSST: ,( - //., 4'0-c- - �- -"- � � Dorothy 1j H&11A , City Clerk Jame R. Grabek, ayor Pro erty ne s TE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this llth day of September, 1989, 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. Notary Public �+ R LA I C. SCHEFFLER .•.� , � No,w�, ,veuc — M�Hrusou c HENNEPIN COUNTY ;,,' My con.mu,wn •xp,rn,6.8.93 My Commission Expires Page 3 of 4 N W City of Ono -No j RESOLUTION OF THi:: CITY C )UNCIL NO. ?595 STATE OF MINNESOTA ) ss. C01.7,NTY OF HENNEPIN ) On this day of 1989 before me to Pub i within d or 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. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) NOTARY PUBL �"''�►Z, LAURIWICHEITLER 1101ARY WILK — PAIK4 901A HENNEPIN COUNTY My Co,nmission enpim6.4-93 MY COMMISSION EXPIRE! On this day of _ , 198 , 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 Page 4 cf 4