HomeMy WebLinkAbout#3932 - variance - 1997 . ' . .
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�b. - C ITY of ORONO
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�� �'�' RESOLUTION OF THE CITY COUNCIL
� �`�kEsxog'� No. 3 9 3 2 _
A RESOLUTION GR.ANTING
A VARIANCE TO
MUNIC�PAL ZOI�TING CODE
SECTION 10.03, SUBDIVISION 6 (A & B)
AND SECTION 10.25, SUBDIVISION 9 (D)
FILE #2254
WHEREAS, Curtis Palmer and Barbara Palmer (hereinafter "the applicants") are
owners of the property located at 2710 Casco Point Road within the City of Orono (hereinafter
"City") and legally described as follows:
Lots 12 and 13, Block 3, Casco Heights, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicants have applied to the City for a variance from
Municipal Zoning Code Section 10.03, Subdivision 6 (A & B) and Section 10.25, Subdivision
9 (D) to a11ow bulk to be added to a non-confornung accessory structure located in a required
front yard. Variances for adding bulk (16'x5'9") to a non-conforming accessory structure
located in a required front yard and in front of a principal residence is required.
NOW, THEREFORE, B� IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2254.
2. The property is located in the LR-1C, where the minimum lot area requirement
is 1/2 acre.
3. The Orono Planning Commission reviewed this application on July 21, 1997, and
recommended approval (5-1) of the proposed variances based upon the following
findings and hardships:
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A. The lot does not conform to minimum lot azea or front yard setbacks.
B. There is steep topography in the front yard.
C. The existing gazage is non-conforming due to its location in the required
front yard between the street and principal residence.
4. The City Council fmds 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 danger to neighboring property; would not merely
serve as a convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
5. The City Council has considered this application including the findings and -
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
COi�1CLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to add bulk (16'x5'9") to an existing non-conforming accessory structure per
Municipal Zoning Code Section 10.03, Subdivision 6 (A & B) and Section 10.25, Subdivision
9 (D) to pernut additional floor space to be added on the street side of an existing garage,
subject to the following conditions:
1. The additional space will be used for a workshop and storage and will not be
used as living space. No plumbing hook-ups will be allowed in the garage.
2. Authorities granted by this variance run with the property not with the
applicants, but are permissive only and must be exercised by application �; a
building pernut within one year of the date of Council approval, or this variance
will expire on that date (July 28, 1998).
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3. Violation of or non-compliance with any of the terms and conditions of this
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 applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, 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 28th day of July, 1997.
EST:
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Dorothy M. lin, City Clerk ab ' 1 Jabbour, M or
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Property Owner(s)
STATE OF MINNESOTA )
) ss. .
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of July,
1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
;°.;�r,•, CAROLE A HASEMAN �>��.�J l ��",�� �
NOTAAY PUBIIC-MINNESOTA `
s": �-,' HENNEPIN COUNTY Notary Public
`���•'° My Commission 6cpires Jan.31,2�00
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /(j* day of �fnfPr�h�r , 199'7 , before me a Notary Public
within and for said County, personally appeared R,.,r-b�r� Pc I,ti,���. ��<< Y r��d.
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.
„�.";.•,+ CAROLE A HASEMAN �a f,�, �/ .�.�o��..j .�/
^ NOTARY PUBLIC-MINNESOTA
;� ',,�� :-e. HENNEPIN COUNTY Notary Public
My Cammission Expires Jan.31,2�00
STATE OF NIINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �D f h day of �'P��vr��e/ , 199 '� , before me a Notary Public
within and for said Coun t y, p erso ly appeared ('u r-�;s f-�. Pa�rn �T �� /'/�•`P�
known to me to be the person(s) described in and who executed the foregoing instrument, a.nd
acknowledged that he (they) executed the same as his (their) free act and deed.
_��1,��G�w d . �� .
,,....,
LINDA S.VEE Notary Public
��'• NO1P�Y PUBLIC-���NNESOTA
= p����� HENNEPIN COUNT`I
��`�.�sj' ission ExPires Jan.31,2�0
My Comm
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