HomeMy WebLinkAboutResolution 3521 6403716
O O CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 5 2 1 -:
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ti
E88
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B)
FILE NO. 1987
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property located at 2705 Ethel Avenue within the City of Orono and legally described as
follows:
Lots 1 and 2, Block 3, Casco Heights, Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.25, Subdivision 6 (B) to permit construction of a 10.9' x 15.3' three
season porch to the rear of the residence that will be located 6' from the side lot line where the
code would require a 10' setback.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1987.
'?. The. YreterCy is located in the I.R.-1C T_.akeshore Residential Zoni:ig District
requiring 21,780 s.f. or one-half acre in area. The property consists of 15,000
s.f.
3. The Orono Planning Commission reviewed this application on January 17, 1995
and recommended approval of the variance as proposed based upon the following
unique findings and hardships:
A. The location of the 50 year old house on the propemy that was installed
prior to current zoning standards.
TRANSFER ENTERED
1ENNEPIN COUNTY TAXPAYER SERVices B. The principal residence is located 4.7' from the side lot line. The three
season porch addition is located 6' from the side lot line and will encroach
MAR S 1995 no closer.
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CIT of ORONO
RESOLUTION OF THE CITY COUNCIL
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C. There is no visual impact on the adjacent residence to the north.
D. The 14' unimproved alley provides an additional buffer to the residence
to the north receiving most impact from the structure located 6' from the
side lot line.
E. If unimproved 14' alley was vacated, this property would receive the
benefit of the entire 14' right-of-way because the alley was dedicated with
the platting of the Casco Heights plat in 1911.
F. Structure has existed on the property for over 50 years.
G. The structure provides an internal/enclosed access to the rear of the
residence and to the basement.
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.
J. rrf,;, ^nNnyi1 bps considered rbis anPllcatior, lncludina 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono City Council
hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit
the construction of a 10.9' x 15.3' three season porch addition to the rear of the existing
residence, subject to the following conditions:
1. Applicant shall make application for a building permit for a three season porch
by Monday, February 20, 1995. The building permit fee shall be subject to an
additional penalty fee as original construction was commenced without a permit.
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CITY of ORONO
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RESOLUTION O�THE CITY COUNCIL
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2. Authorities granted by this variance run with the property not with the applicant,
but are permissive only.
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 grantee herein, and shall be puns table as a iliisCCeIts�arlU,
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.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 13th day of February, 1995.
ATT T
Y
,t r
Qro h Pr'llmr
� . ity Clerk
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Diann Goett n Acting Mayo
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Pr nerty Owner"(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 13th day of
February, 1995 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.
LWA S.VEE
NOTARY PUBLICNINNESOTA
• HENNEPINCOUNTY Notary Public
10 My Commission Expires Jan.31,20M
Page 3 of 4
Form 5005 Disk Orono
O .� O CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3521
r ti
ESU
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this /3vh` day of Fe hru li r H_ 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 inslrume.lt, and
acknowledged that he (they) executed the same as his (their) free act and deed.
. .
LINDA&VEE
NOUw1r1 �1SotA Notary Public
OI W
.,... w
STATE OF MINNESOTA )
ss.
COT NTY OF HENNEPIN }
On this day of 9199 , 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
Page 4 of 4
Form 5005 Disk Orono
RESOLUTION #
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compared threcord of suchregoing esolucoyrion in the f a resolution
Minutes of the
Council of the City of Orono with the original re
proceedings of said City Council at a 19 q, ,meetingof
d that tCouncilaid City
he same is atrueand correct
9�
copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 14 t
day of Feb ,ary , 195___•
orothy M. a , City Clerk
s� _�bhX
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CO.RECORDER
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