HomeMy WebLinkAboutResolution 1690 �
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. � C�t� o� ORONO
� RESOLUTION OF THE CITY COUNCIL ..
� NO. 1690
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A RESOI,UTION GRANTING A VARIANCE TO
MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B)
AND SECTION 10.03 SUBDIVISION 9(D) - FII�E #862
WHEREP,S, William S. Bowman (hereinafter "the applicant" ) is
owner of the property located at 10 Willow Drive South within the City
of Orona (hereinafter "City" ) and legally described as follows:
� Lot 1, Block 1, Kelley and Kelley Division (hereafter .
"property" ) , and
WHEREAS, the applicant has applied to the City for a variance
to Municipal Zoning Code Section 10.28 , Subdivisions 5 (B) to permit
the con5truction of a detached garage 27 .8 feet from the side street '
. where a 50 foot side street setback is required, and a variance to
,': Section 10. 03, Subdivision 9 (D) to allow a detached garage to be
constructed' nearer tlie front lot line than the principal building.
• NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota: .
FINDINGS
1. This application was reviewed as zoning file #862.
2.� The property is located in the RR-1B Single Family Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed thisapplication •
, on September 17 , 1984, and recommended approval of the
proposed variance based upon the following findings:
" a) The proposed garage location will make efficient use
of the existing driveway and apron.
' b) The proposed location will eliminate the need to
remove a number of mature trees on the site.
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� Ci.t� o� ORONO �
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� RESOLUTION OF THE CITY COUNCIL .
� NO. 1690
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4. The subject property is a corner lot, and restricting
construction of a detached garage to the normal accessory
structure building envelope would either cause the garage to
be constructed an unusually great distance from the house and
existing driveway, or would cause encroachment into the
existing septic system and well locations.
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.
6 . The City Council finds that the conditions existing on
. � this proper��y 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
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 the Municipal Zoning Code Section 10. 28 , .
Subdivision 5 (B) to permit the construction of a detached garage 27 .8
feet from the side street where a 50 foot side street setback is
required, and a variance to Section 10.03, Subdivision 9 (D) to allow a
detached garage to be constructed nearer the front lot line than the
principal building, subject to the following conditions :
l. Authorities �granted by this variance 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 15, 1985 ) .
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� Ci.t� o� ORONO
� RESOLUTION OF THE CITY COUNCIL .
� NO. 1690 .
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2 . Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of �
thezoning code, shall automatically terminate any authority
, granted herein, and shall be punishable� as a misdemeanor.
3 . The undersigned applicant 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 of the
' . property.
_ � Adopted by the City Council on this 15th day of October, 1984.
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D otYiy .M,, . lin, �City Clerk Mary : B ler, ayor
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(1 ) Propert 0 er' ili�tary Pu�lu, St�te of Flori�a y -
M Commi ion Ex es lune 28,�i'9�8'- 4 �' �
�� uA�� �(�� @on ,hry T aig Nnsunnce,Ine� / vJ✓
(2 Property Owner Notary Public, Statp ot rio<<�a `
• My, Commission Expires June 28, 14g8
ded Thiy Lroy Fai�:lnsuranca,InF,
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(3 ) Property Owner � ° _ `"
OFFICIAL SEAI. ' � -
JEAN REYN4LD& - �'' �
¢ m • ;' NOTARY PU9UC-CALIFORNIA . -- ��,,\
t LOS ANGELES COUNTIf '��_. ' 1
• My comm. expires �T 24, 1986 ���,������
. 650 Bdghtside Larte.Passdena,CA^':07
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C�t� o� ORONO
� RESOLUTION OF THE CITY COUNCIL .
� � NO. 1690 �
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STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this _�_T__ day o£ r__ , 1984 , before me a Notary �
Public within and for said County, personally appeared
` known to me to
be the person (sj 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 • — , _
MY COMMISSION EXPIRES .
STATE OF ) •
" o��cr�2� .) s s . � .
: COUNTY OF - ) � �
. On this � � day of , 1984 , before me a Notary
Publ ' c wit�h�}' n and for said County, personally appeared
� ��%�'� �5 . �"I _�'��� 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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� . NOTAR PUBLIC - �"' �•��; - �
OFRICIAL . �� `�'- .:�> . . =;;
SEAL � � .
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JEAN REYNOtDS ' ' - ;����..,r�',A
� NOTARY PUBtlC-CALIFORNIq �` /� / ��- '
LOS ANGEI.ES COUNTY °27, � 7 �b ' " '• E'�� � , •`
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MY comm..expires OCT 24, 1986 MY COMMISSION EXPIRES . . , ' ,
650 Brlghtside Larte, Pas�dena, CA 91107
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