HomeMy WebLinkAboutResolution 5622ti
CITY of ORONO
j RESOLUTION OF T�E CfCOUNCIL
NO. bb L
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 78-305
FILE NO. 07-3277
WHEREAS, Albin James Nelson and Susan Kay Nelson, husband and
wife, (hereinafter "Owners") are the owners of the property located at 500 Oxford Road
within the City of Orono (hereinafter "City") and legally described as Lot 7, Block 1,
Stielow's Addition, Hennepin County, Minnesota (hereinafter "the Property"); and
WHEREAS, on behalf of the Owners Sue Nelson has made application to the
City for a variance to Municipal Zoning Code. Section 78-305 to construct a storage area
addition to the house as close as 46.4 feet from the rear property line when a 50 -foot setback
is required; and -
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on April 16, 2007, at which times all persons desiring to be
heard concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #07-3277.
2. The property is located in the LR-lA zoning district, where 2 acres is the
minimum lot area and 200 feet is the minimum lot width. The property is
approximately 2.06 acres in area and 353 feet in width.
3. The Planning Commission reviewed this application on April 16, 2007 and on
a vote of 5 - 1 recommended approval of the variance, based on the following
findings:
a. While the house could be expanded to the front and sides without a
variance, the function of the proposed addition requires it to be located to
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the rear of the house.
CITY of ORONO
RESOLUTION OF THE EC CITY COUNCIL
NO. LL L
b. The addition is an extension of the rear wall of the house. The rear lot line
angles toward the rear of the house, creating the need for the variance.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments
by the applicants and the public, 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 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 Owners but are necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the Owners; 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 Orono
Municipal Zoning Code Section 78-305 to allow an addition to the house with a 46.4 foot
seback from the rear property line.
1. Council approval is based on the site plan and plans plans submitted by the
Owner and annotated by City staff, attached to this Resolution as Exhibits A
and B. Any amendments to these plans may require further Planning
Commission and City Council review.
2. Authorities granted by this resolution run with the Property, not with the
Owners, but are permissive only and must be exercised by obtaining a building
permit for the new construction before May 29, 2008 or the variance will
expire on that date.
3. Violation of or non-compliance with any of the terms and conditions of this
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144
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5622
resolution shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
4. The undersigned Owners have read, understand and hereby agree to the terns
of this resolution and on behalf of their heirs, successors and assigns, hereby
agree to the recording of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this 29th day of May, 2007
ATTEST:
Linda S. Vee, City Clerk
za, /dam/. �
J nes M. White, Mayor
/;
Susan Kayd elson
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
No. 5622
This instrument was acknowledged before me this 20 day of J ui12.
2007 by Albin James Nelson, husband of Susan Kay Nelson.
�• NOTARY PUBLIC•MINNESOTA \ A''�p�;,{•�I�;� � �'YI /A,y'�fJY�
rrcer.a�oeeeden s, woe Notary Public f� �y1/UNtt i
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this 2D day of a u�
2007 by Susan Kay Nelson, wife of Albin James Nelson.
9 CHRISTINE M. MATfSON Notary Public
NOTARY NOUO•MINNFSOTA
Aly Cmc Expeae den. 31, waB
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5622
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