HomeMy WebLinkAbout1985-07-22 Resolution 1811City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1811
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 4 (A)
FILE #937
WHEREAS, Wharton Sinkler and Margherita Gail H
"the applicants") are owners of the property located a 2195 French
Road within the City of Orono (hereinafter "City") and lega y escribed as
follows:
Lot 1, Block 3 Johnstons French Lake Second Addition (hereinafter
"property") ; and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.28, Subdivision 4 (A) to permit the con-
struction of an animal shelter to be placed 62 feet from east lot line
instead of the required 150 feet.
4 NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #937.
2. The property is located in the RR-lB Zoning District.
3. The Orono Planning Commission reviewed this application on July
15, 1985, and recommended approval of the proposed variances based
upon the following hardships and findings:
A) The lot at its widest point measures only 152 feet and could
never meet required setback.
B) Per Section 10.03, Subdivision 18 (B) the barn is 150 feet cr
more from the nearest off -site residence.
C) The developer and resident of the area has submilt-ced a writ-
ten statement that he approves of the request of the applicants.
D) The animal shelter will be screened from the surrounding
residential lots by the existing vegetation and berm along road-
way.
E) The animal shelter is 62 feet from the street or east lot
line of the property but because of the location of the street
right-of-way the nearest property line is 128 feet.
Page 1 of 3
city of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1811
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 pro-
perty 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 demon-
strable 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 Municipal Zoning Code Section 10.28, Subdivision 4 (A)
to permit the construction of an animal barn to be placed 62 feet from the
east lot line instead of the required 150 feet.
I. 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 (July 22,
1986).
2. Violation of or non-compliance with any of the terms and condi-
tions 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 rf 3, 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 22th day of July, 1985.
ATT ST:
oth i City Clerk Mary C. Butler, Mayor
( ) Property Owner
Page 2 of 3
city of ORONO
FIESOI_UTION OF THE CITY COUNCIL
NO. 1811
STATE OF MINNESOTA )
} ss.
COUNTY OF HENNEPIN )
On this LC) _ day of _�ti `�_ N_, 1985
before me a Notary Public within and for said county, personally
appeared W f-APTONknown 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.
GAFF_; 1:
T
MICHAEL 1 NOTARY pUDL
P, Co�..TY
'y HENNEPIN :-t L
Illy Comm,ss,on
NC ARY PUBLIC
`l qx e / r
MY COMMISSI
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN }
On this 2�� day of _
a Notary Public within, find for
7
N EXPIRES
W l_ y , 1985, before me
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.
MICHAEL P. GAFFFC' 1 y
NOTARY PUBLIC - &INNESD
e� HENNEPIN COON: _"'
i My Ccr•,mr•.s,un F-xpirOS.lu... l l
NOTARY PUBLIC i
MY COMMISSION EXPIRES
Page 3 of 3 4