HomeMy WebLinkAbout1987-03-02 Resolution 2121t City of ORONO
RESOLUTION Of THE CITY COUNCIL
NO. 21.21
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE #1099
WHEREAS, Carolynne A. Hibbs (hereinafter "the applicant') is
the owner of the property located at 2765 Fox Street within the City
of Orono (hereinafter "City") and legally described as follows:
The West 365 feet of Lot 25, Auditor's Subdivision No. 229,
Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to
permit the construction of a 2-story deck addition to be located 28
feet from the front lot line where a 50 foot front yard setback is
normally required.
NOW, THEREPORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1099.
2. The property is located in ..he RR-lB Single Fam4ly Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
January 20, 1987, and rer .,:amended approval of the proposed
variance based upon the following findings:
A) The proposed addition will have no visual encroachment
effect on the neighborhood.
B) Applicants hardship is the 1ccation of the dedicated
right-of-way in relatioii to the actual traveled roadway and
the long-term historic use of right-cf-way as yard area.
4. The City Council has considered this applicat?.on 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.
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- t City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2121
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5. 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 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 the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.281
Subdivision 5 (B) to permit the construction of a 2-story deck
addition to be located 28 feet from the front property line where a 50
foot front yard setback is normally required, subject to the following
conditions:
1. 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 (February 9, 19A8).
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 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 Orono City Council on this 9th day of
February, 1987.
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Property ner(s)
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Jam - R. Gramme , Mayor
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City of ORONO
i
STA,,� INNESOTA
ss.
COUNTY OF HENNEPIN
RESOLUTION OF THE CITY COUNCIL
NO, 2121
On this n�� day of /Y)a.r%-, fN _ 1987
before me a Notary Public within and for said county, personally
appeared ((-x nj$,• A 1� h)rn known to me to be
the person(s) des+ ribed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
`MMA
0�1MTY
�IIM fir!
STATE OF MINNESOTA )
)Ss.
COUNTY OF HENNEPIN )
On this
a Notary Public w thin
NOTARY PUBLIC
MY COMMISSION EXPIRES
day of , 198 , before me
and for said County, personally appeared
known to me to be the
persons described n 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
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