HomeMy WebLinkAboutResolution 5623L41CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5623
A RESOLUTION DENYING 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 an informal dining
room addition to the house as close as 44.7 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
variances, the function of the proposed addition requires it to be located to
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
No. 5 6 2
the rear of the house off the kitchen.
b. The rear lot line angles away from the rear of the house so the impact of
the variance is lessened.
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: ,
a. There are no conditions existing on this property that are peculiar to it and
that do not apply generally to other property in this zoning district. The lot
is conforming and the house was constructed under the current zoning code
at conforming setbacks.
b. Granting the variance is not necessary to alleviate a demonstrable hardship
or difficulty with the property. The variance is not necessary to preserve a
substantial property right of the Owners. A smaller informal dining room
may be constructed in the same area without a setback variance.
c. Granting the variance would be detrimental to the property to the east,
where the house is located at the minimum setback and is directly behind
the Owners' house.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby denies a variance to Orono
Municipal Zoning Code Section 78-305 to allow an informal dining room addition to the
house with a 44.7 foot setback from the rear property line.
Adopted by the Orono City Council on this 29th day of May, 2007.
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Linda S. Vee, City Clerk
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5623
Jame . White, Mayor
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