HomeMy WebLinkAboutResolution 1676 _�.� .
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- Clt� o� ORONO
• \ � ''y RESOWTION OF THE CITY COUNCIL
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GRANTING A VARIANCE TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBD. 9 (D) AND 10.27, SUBD 5(B) - FILE #851
WHEREAS, Ramona L. Barbeau and Richard R. Stueland
(hereafter "the applicant" ) have an interest in the property located
at 4080 Bayside Road within the.City of Orono (hereafter "City" ) , and
legally described as follows :
Lot 1, Block 1, Popov Addition (hereafter "property" ) ,
and
WHEREAS, the applicant has applied • to the City for a
variance to Municipal Zoning Code Section 10 . 03 Subd 9 (D) to permit the
construction of a detached garage nearer the front lot line than the
existing principal building, and a variance to Section 10. 27 ,
Subdivision 5 (B) to permit construction of a detached garage within
� the front yard setback area 50 feet from the property line where a 100
foot setback is required.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Mirinesota:
. Findings
. l. This application was reviewed as Zoning File No. 851.
2. The property is located in the RR-lA Single Family Rural
Residential Zoning District.
3 . The Orono Planning Commission reviewed this
application on August 20 , 1984 and recommended approval
of. the proposed variance as amended based upon the
f ollowing f indings :
a) No safety hazard will be created by the
construction of this detached garage 10 feet from the
existing structure and 50 feet from the right-of-way of
, Bayside Road. � �
, b) The location of the existing house and the
topography of the site present a hardship to the
• property and preclude the reasonable construction of a
detached garage meeting the normal required setbacks.
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- � � =R�� . Cit� o� ORONO
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•. C��.:;%: RESOLUTION OF THE CITY COUNCIL
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� � _ ,��:;. NO. 1676
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4. The City Council has considered this application
including the findings and recommendations of the
Planning Gommission, reports by City staff , comments by
the owner 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 variance would not adversely affect
traffic conditions, light air nor pose a fire hazard or
� other hazard or other danger to neighboring property;
would not merely serve as a convenience to the owner,
but is necessary to alleviate a demonstrable hardship
or difficulty; is necessary to preserve a substantial
property right of the owner; 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 . 03 , Subd 9 (D) and
10 . 27 , Subd 5 (B) to permit construction of a detached garage nearer the
front property line than the existing house, and located 50 feet from
the front lot line instead of the 100 foot setback required, subject to
the following conditions : •
l. The detached garage must be located at least 10 feet
from the existing house to meet fire safety
requirements.
2. Authorities granted by this variance run with the
- property not with the owner, 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 September 10 , 1985 .
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-�� --�::;>:� RESOLUTION OF THE CITY COUNCIL
� NO. 1676
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3. Violation of or noncompliance 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.
4 . The undersigned owner has read, 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 to the property.
Adopted by the Orono City Council on this lOth day of
• September, 1984 .
ATT T: -
, _ �
i y Cler Mayor
(1 ) roperty Owner ,
(2 ) Propert Owner .
( 3 ) Property Owner
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• � ' RESOLUTION OF THE CITY COUNCIL
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� : '� : NO. 1676
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STATE OF MINNESOTA )
) ss .
COUNTY OF I�ENNEPIN )
On th i s �`'
� day of ��_�_���_, 19$4 , before me a Notary
Public ithin � and for said County, personally appeared
WION� �. _�_�lLF3�,41.( known to me to �
be he 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 .
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C'„J-:I� \ '
- �.,.e.,�s �iiCHAEL P' �rni�NE., _�t�� ------•-
;:"°"'4%.,. . Np7ARY PUBLIC' ��-��( NOTARY PUB LIC . .
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'.� My pommission ExP
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MY COMMISSI N EXPIRES
STATE OF MINN�SnTA )
) ss .
COUNTY OF HENNE�IN )
On this _�'�' day of ��p��B�` , 1984 , before me a Notary
Public within and for said Count y�, perso na l l y a p p e a r e d
l�l c�-F�A-�L� 1�. S��-u�-C.E N_9 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 . �
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L GA����;, •
1cHAE Pc.M`NNEgOTA NOTARY PUBLIC
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