HomeMy WebLinkAboutResolution 1727 1 � .
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��. RESOWTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.03. SUBDIVISION 9 (C)
FILE NO. 887
WHEREAS, Frederick Winston (hereinafter "the appli-
cant" ) is owner of the property located at 765 Spring Hill Road
within the City of Orono (hereinafter "City" ) and legally
described as follows:
Commencing at a point in the West line of the Northwest 1/4
• , � of the Northwest 1/4 of Section 36, Township 118N Range 23W,
a distance 759.60 feet South from the Northwest corner
thereof, then North 89 degrees 34 minutes 34 seconds East a
distance of 990.71 feet, then South 77 degrees 07 minutes 02
• seconds East to the East line thereof, then South to the
Southeast corner thereof, then West to the Southwest corner
. thereof , then North to the point o€ beginning (hereinafter
� "property"); and .
- . WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.03, Subdivision 9
(C) to permit the construction_ of a 1, 920 square foot accessory
storage building. where the maximum allowable area of such
structure is 1,000 square feet.
" � NOW, THEREFORE BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS ' •
l. This application was reviewed as Zoning File No. 887 .
2. The property is located in the LR-lA . Single Family
Lakeshore Residential Zoning District.
3. The Orono Pl.anning Commission reviewed this application -
on January 21 , 1985 ;' and recommended approval of the
proposed variance based upon the following findings:
• a) The proposed structure, exceeds the minumum required
side and rear yard setbacks for an accessory structure
' in this zoning district.
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. � �� ` Cit� of ORONO
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,�. : RESOLUTION OF THE CITY COUNCIL
:�:��� • NO: 17 2 7
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b) The proposed structure is intended for private
residential storage and is not proposed for use as a
horse barn or stable, and would not meet the setback
� requirements for use as a horse barn or stable. ,
c) The property contains approximately 11 acres of dry
� land and 5 acres of wetland. The proposed structure
does not encroach on any wetland areas.
4 . The City Council has considered this application
including the findings and recommendations of the Planning
_ Commission, reports by City staff, comments by the owner and �
the effect of the proposed variance on the health, safety
and we 1 f are of the community.
• 5. The City Council €inds 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 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 Municipal Code Section 10.03 ,
Subdivision 9 (C) to allow constructiori of a 1,920 square foot
residential storage building where the maximum allowable area of
such structure is 1, 000 square feet, subject to the following
conditions :
l. This structure may be used only for private residential
storage. '
2. The structure may never be used as a second
• dwelling unit.
3 . No plumbing may be installed in the structure.
4 . The structure, may not be used as a stable or horse barn.
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RESOWTION OF THE CITY COUNCIL
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5. 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 (February 11, 1986).
6. Violation of or non-compliance 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.
7. 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 resolutiori in the chain of title of
the property.
Adopted by the City Council on this llth day of
February, 1985.
, ATT T:
. v �U
othy M allin, City Clerk Mary C. &�.er, Mayor
� �,-�C� c,,,..�.��--. � � L�►.�..,�
(1 ) Property Owner . ' •
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„ RESOWTION OF THE CITY COUNCIL ,
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STATE OF MINNESOTA ) ,
) ss.
COUNTY OF HENNEPIN ) .
On this � � `�� day of � � , 1985
before me a Notary Public within and for said county, personally '•
appeared C/��v,o+� G. W;�,5 c-v�- known to me to be
, the person(s ) described in and who executed the foregoing .
. instrument, and ackndtuledged that he� (they) executed the same as
his (their) free act and deed.
���G%>�.G1
„''''"^"''''""°"' NOTARY PUBLIC
,gs�a Therese M. La Zerte
� � Notary Public—Minnesota �
��,�-r- Hennepin County
�;� My Comm. Exp. 9-1U-91
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MY COMMISSION EXPIRES '
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this a�� day of , i � �;�,��� , 1985, before me
a otary Public within and for said County, personally appeared
�T�-�e.�r� �l� C�Ji v�s 'i�� known to me to be the �
person(s) described in and who executed the foregoinginstrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
' ��1�✓� .
NOTARY PUBLIC
Thereso M. La Zerte •
,� Notary Public—Minnesota
�?�'' Hennepin County
��`�l� My Comm. Exp. 9-1U-91 '
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MY COMMISSION EXPIRES
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