HomeMy WebLinkAbout#2893 - variances _ ��� Cit of ORONO
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d„ RESOLUTION OF THE C1TY COUNCIL
• NO. 2893
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A RESOLIITION GRANTING
A VARIANCES TO
MIINICIPAL ZONING CODS
SECTION 10.28, SIIBDIVISION 5 (B)
- FIL$ #1593
WHER$AS, Phil.ip F. Kal.ey (hereinafter "the appl.icant") is
the owner of the property located at 1395 Brown Road South within the
City of Orono (hereinafter "City") and 1egalZy described as fol.iows:
Lot 5 , Block l , Markville , Hennepin County, Minnesota
(hereinaf ter "the property") ; and
WHEREAS, the appl.icant has applied to the City for variances
to Municipal. Zoning Code Section 10.28 , Subdivision 5 (B) to permit
the construction of a 10' addition to the north side of the exisitng
residence requiring a street setback variance to South Brown Road at a
20' setback instead of the required 50' and a street setback variance
to Arbor Street proposed at 43' instead of the required 50'.
NOW, THEREFORE, BS IT RESOLVED by the City Council. of Orono,
Minnesota:
FINDINGS
1. This appl.ication was reviewed as Zoning File #1593 .
2. The property is I.ocated in the RR-1B Rural Residential. Zoning
District requiring 2 acres in area. The subject property
consists of 18 ,182 s.f. or . 4 acres.
3. The Orono Planning Commission reviewed this app�.ication on
October 15, 1990 , and recommended approval of the proposed
variances based based upon the fol.lowing findings :
a. The house was pl.aced on the property prior to the
current 2 acre zoning standards.
b. The property is surrounded by streets on three sides.
c. The property is .4 acres in area and subject to 2 acre
zoning standards.
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� RESOLUTION OF THE CITY COUNCIL
• NO. 2893
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d. The improvement would be consistent with simil.ar
improvement projects of adjacent properties consistent in
size.
e. The property is served with sewer.
4. The City Counci3. has considered this application including
the findings and recommendations of the Planning Commission,
reports by City staff, comments by the appl.icant and the effect
of the proposed variance on the heal.th, safety and welfare of the
community.
5. The City Council finds that the conditions existing on this
property are pecul.iar to it and do not app7.y generail.y 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 appl.icant, but is
necessary to al.leviate a demonstrabl.e hardship or difficulty; is
necessary to preserve a substantial property right of the
appl.icant; and would be in keeping with the spirit and intent of
the Zoning Code and Comprehensive P1an of the City.
CONCLIISIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants variances to the Municipal Zoning Code Section
10.28, Subdivision 5 (B) to permit construction of an addition to the
north side of the house requiring street setback variances to both
South Brown Road (County Road 146 ) and Arbor Street, subject to the
following conditions:
1. Appl.icant is advised that a buil.ding permit wil 1 be required
for grade I.evel deck. Appl.icant shal.l provide a survey I.ocating
deck on property and buil.ding plans for deck construction.
2. Authorities granted by this variance run with the property
not with the appl.icar_t, but are permissive only and must be
exercised by application for a buil.ding permit within one year of
the date of Council approval, or this variance will expire on
that date (October 22, 1991).
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M�,,�; RESOLUTION OF THE CITY COUNCIL
.�-. w _... NO. 2893
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3. VioJ.ation of or non-compl.iance with any of the terms and
conditions of this variance sha�I. constitute a violation of the
zoning code, shal.l automatica�I.y terminate any authority granted
herein, and shal.l be punishabl.e as a misdemeanor.
6. The undersigned appl.icant has read, understood and hereby
agrees to the terms of this reso�ution and on behal.f 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 22nd day of
Octo r, 1990.
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ATTE .
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or thy M. I. in,, City Clerk J m�s !R. Grabek, -j
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowYedged before me on this
22nd day of October, 1990 , by James R. Grabek & Dorothy M. HaY1.in,
Mayor & City Clerk of the City of Orono, a Minnesota municipal.
corporation and said instrument was executed on behalf of the City.
Notary PubZic '
THERESA L NAAB / ^� �9a
NO'fARY PUBUC- MINNESOTA My C OI11II11 S S 1 OIl Exp i r e s
HENNEPIN COUNTY
Mr oommles�an expL-at 9�8-92
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� Cit� of ORONO
RESOLUTION OF THE CITY COUNCiL
• NO. 2893
• - � s
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
0 n t h i s ��'� d a y o f �(� �-�J✓ � 19 9�
before me Notary Pubiic within an for said county, personal ly
appeared � �,p f �� `v known to me to be
the person(s ) describ� in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
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NOTARY
THERE3A L NAAB
IIO'fARY PUBIJC�MINNESpTA
HENNEPIN COUNTY
W oomn►Wbn�ocp4•aa�9-92
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss . �
COUNTY OF HENNEPIN ) �
`�-1, � , -, ^ , 19 9� bef ore me
On this ,�(� — day •f � j�✓-
a Notary Public within and for said Co�unty, personally appeared
� �, • , � _ known to me to be the
person(s ) descri}� in and who executed the f oregoing instrument,
and acknowledged that he ( they) executed the same as his
(their? free act and deed.
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NOT
THERE3A L. NAAB
�rqqy pUBUC - MINNESOTA
�EN���wUaNs-TeY-e2
MY COMMISSION EXPIRES
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