HomeMy WebLinkAboutResolution 3616 �-,
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'�' RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRAN'TING A VARIANCE
TO MUNICIPAL ZONIl�IG CODE
SECTION 10.03, SUBDIVISION 9 (D)
FILE NO. 2069
WI�REAS, Cindy and Steve Harris (hereinafter "the applicants") are owners of
the property located at 3850 Watertown Road within the City of Orono (hereinafter "the City")
and legally described as follows: _
Lot 1, Block 1, Hillaway Farm, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicants have applied to the Ciry for a variance to Municipal
Zoning Code Section 10.03, Subdivision 9 (D) to perm.it the construction of an inground
swirnming pool to be located nearer the front or street lot line than the principal residence '
• structure on the properry, where no accessory buildings are normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota.:
FINDINGS
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1. This application was reviewed as Zoning File #2069.
2. The properry is located in the RR-lA, Single Family Rural Residential Zoning
District.
3. The Orono Planning Com�mission reviewed this application on September 18, 1995
and recommended approval of the proposed variance based upon the following
fmdings: .
A. The proposed pool will be adjacent to the existing residence, which is
located in the center of a 25 acre parcel.
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B. The proposed pool will be located approximately 500' from Watertown
Road, and topographically lo�ated approxi.mately 35' higher than the road.
The pool will not be visible from the road and from neighbori.ng properties.
The proposed pool location is appropriate hased on existing grades around
the house as well as the layout of the house, garage, driveways, porches,
etc.
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 properiy 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 diff'iculty; is necessary to preserve a substantial properry 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 the above fmdings, the Orono City Council hereby grants a variance
to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit the construction of an
accessory inground swimming pool located nearer the front lot line than the principal residence
structure where no accessory structures are normally allowed, subject to the following conditions:
1. Prior to final inspection of the pool construction, applicant shall provide an as-built
survey of the property, showing the corrected house footprint, pool, bam, and all
other buildings e�sting on the properry. .
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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 9, 1996).
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 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
properry.
• Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 9th day of October, 1995.
AT `�T: �
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Dorothy M. all , City Clerk ward J. Call , Jr., Mayor °
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Properry Ow r (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 9th day of October,
1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor.and Ciry Clerk of the City of
. Orono, a Minnesota municipal corporation and said insmzment was executed on behalf of the City.
a��•. ^ LINDA S.VEE — � //�
• :V"' `` NOTARY PUBLIC-MINNESOTA v
'.-�: HENNEPIN COUNTY
�,�•�•° My Commission Expires Jan.31,2000 NO PL1bi1C
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'�' RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
. On this �day of �� �j b.�,� , 199.�� before me a Notary Public within
andfor saidcounty,personally appeared��`„d,r ,4,�a��',`S �i,v�( .�-�evevr /v1 .,4qr�,`�, rrnurr�'e�
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.
a�_��. LINDA S.VEE
•,e`` NOTARY PUBLIC-MINNESOTA • s D /���
: HENNEPIN COUNTY ,G� i�l (/
•,�.• My Coinmission Fxpires Jan.31,2oao NO ARY PUBLIC
STATE OF MINNESOTA )
- } ss.
COUNTY OF HENNEPIN )
. 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
STATE OF MINNESOTA )
. ) ss.
COUNTY OF HENNEPIN )
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
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