HomeMy WebLinkAbout#2883 - variance : �� ��t �� ��,�11T� �
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,,, RESOLUTiON OF THE CiTY COUNCIL
• NO. 2883
i ' • •
A RESOLDTION GRAZ�TING
AId AFTER-THE-FACT VA�tIANCE TO
MLTNICIPAL ZONING CODE
SECTION 10.28, SDBDIVI:iION 5 (B)
FILE #1586
WHEREAS, James S. Buranen (hE�reinafter "the applicant")
is the owner of the property located at 1085 Brown Road South within
the City of Orono (hereinafter "City" ) and legally described as
follows :
That part of Government Lot 6 , Section 10 , Township 117N,
Range 23W of the 5th principal. meridian, described as
beginning at a point on the East line of said Government Lot
6 distant 7.78 chains ( 513.48' ) South of the Northeast
corner of said Government Lot 6 ; thence West 312 feet;
thence South 111.54 feet; thence E;ast 312 feet; thence North
111.54 feet to the point of beg:inning, (hereinafter "the
property") ; and
WHEREAS, the app 1 i cant has ;�pp 1 ied to the City f or an
after-the-fact variance to Municipal Zoning Code Section 10.28,
Subdivision 5 (B) to permit the const:ruction of an addition to
the existing garage located 6'6" where the addition will be 6'4"
instead of the required 30' setback.
NOW, THEREFORE, BE IT RESOL`JED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1586 .
2. The property is located in the RR-1B Single Family
Rural Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on September 17, 1990 , and rec��mmended approval of the
after-the-fact variance based upoii the following findings:
A) The proposed addition wi:11 encroach no closer into
the substandard setback area than 2" .
B) The fee owner of the proF�erty located at 1045 South
Brown Road has submitted a written statement noting
that he has no objection to the proposed addition to
the garage.
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-- �� RESOLUTION OF THE CITY COUNCIL
� NO. 2883
• ' • i
4. The City Counci 1 f inds 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
wou ld be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
5 . 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.
CONCLDSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants an after-the-fact variance to
Municipal Zoning Code Section 10.28, Subdivision 5 (BI to permit
the construction of an addition to the existing garage that will
be located 6' 4" from the north side lot line instead of the
required 30' , subject to the following conditions:
1. Based on the substandard setback of the north wall of
the attached garage, a f ire wa 1 1 sha 1 1 be insta 11 ed a long
the north side of the existing garage and proposed addition.
2. Applicant shall obtain a building permit for the
proposed addition to the existing attached garage. Such
permit shall not be subject to penalty fees.
3. Authorities granted 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 (October 8, 1991).
4. 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.
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�. ��t� o� ORONO
:-�,,, RESOLUTION OF THE CITY COUNCIL
e NO. 2883
� - a � •
5. The undersigned applicant has read, understood and
hereby agrees to the terms c�f this resolution and on behalf
of himself, his heirs, successors and assigns, hereby agrees
to the recording of this res��lution in the chain of title of
the property.
Adopted by the City (:ouncil of the City of Orono,
Minnesota at a regular meeting tield on the 8th day of October,
1990 .
ATTEST:
� 7 ,,_ ��� , �/ ////.
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llLLQ�:v4.� �� �� - -- —
Theresa L. Naab, Deputy Clerk E�3ward J. C�I��ahan, Jr., �'c�ing Mayor
/
r�-�''' ,� ., yL� __ _
��'Property Owner(s ) /
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 8th day of October, 1990 by f:dward J. Callahan, Jr., Theresa
L. Naab, Acting Mayor & Deputy Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed
on behalf of the City.
. �
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ARE PE�C1 - MrNNEa TA NOtdZ'y Pll}�IlC �
" ENNJ�'PIN COUN �L;(��2tJ l" ` v 'e�—�
•�a 92
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LINDA S. VEB
Nor�r Pueuc - M�Nr,esor�
HENNEPIN COUNTY �
iN�►oonrniwon�kw 8�12�Y�
: �, �'��t �� �R�NO �
�� �
...,� RESOLUTION OF THE CITY COUNCiL
• NO. 2883
� - • • •
STATE ESOTA )
) ss.
COUNTY OF HENNEPIN )
�
On this � �� day of (,� �-� , 199�
before me a Notary Public within and for said county, personal�Iy
a p p e a r e d TGi.vnD s 5 ,� u r�r��n Sr'. , o/2 �c�✓�i�
known to me to be the person(s) describedrin and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
�:-�,
� THERE3A L. NAAB
�'�� NOTARY PUBLJC - MINNESOTA /
N�:ir ,/
t�..�?k� HENNEPIN COUNTY �y /� �
�'� 1�b oommtsa+on expi�'os aas2 �ti-e./y� � - _-�fitr -
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 acknowZedged that he (they) executed
the same as his (their) free act and deed.
NOTARY PUBLIC
STATE OF MINNESOTA )
)ss.
COUNTY OF FiENNEPIN )
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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