HomeMy WebLinkAboutResolution 1754 ,
. , Cit� of ORONO
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= RESOLUTION OF THE CITY COUNCIL
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GRANTING A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
' FILE �883 �
WHEREAS, Gary Printup (hereinafter "the applicant") is
owner of the property located at 1261 Briar Street within the
City of Orono (hereinafter "City" ) and legally described as
follows :
Lot 3 and South 1/2 of Lot 2 , Block 3 , Crystal Bay
Minnetonka (hereinafter "the property") ; and
WHEREAS, the applicant has applied to the City for a
� variance to Municipal Zoning Cod,e Section 10.28 , Subdivision 5 .
(B}, to permit construction of an addition to his home, which
addition will be located 10.7 feet from the side property line
where a side yard setback of 30 feet is normally required, and
located 40 feet from the front property line where a 50 foot
• front yard setback is normally required.
NOW, THEREFORE BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota: ' .
FINDINGS
1. This application was reviewed as Zon.ing File No. 883.
2. This property is located within the RR-1B Single Family
Rural Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on January 21, 1985 and recommended approval contingent on
the installation of municipal sanitary sewers in the Crystal
Bay area, which sewers would serve this property.
4. The City Council on April 22nd, 1985 directed City staff
to draft a resolution approving construction of municipal
sanitary sewers for Crystal Bay.
5. The existing lot area is 0.24 acre in a zoning district
where 2.0 acres of area is required to construct a new home
and no additional land is available for purchase in order to
. allow applicant's proposal to meet the required setbacks.
� . . 6 . The existing house location and small lot size
constitute a hardship to the property.
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. _� r � � City of ORONO
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� '�` RESOWTION OF THE CITY COUNCIL
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� NO. 1754
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7. The proposed addition will not encroach further into the
front• yard setback than the existing house.
8. The City Council has considered this application in-
cluding 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 welfare of the community.
9. 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 danger to neigh-
boring 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 substan-
• tial property right of the owner; and would be in keeping
with the spirit and intent of the Zoning Code and Compre-
hensive Plan �f the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Counci 1
hereby grants a variance to Municipal Zoning Code Section 10.28,
Subdivision 5 (B) to permit the construction an addition to a
home, which addition will be located 10.7 feet from the side
property line where a 30-foot side yard setback is normally
required,and located 40 feet from the front property line where a
50-foot front yard setback is normally required, subject to the
following conditions:
1. The applicant shall proceed with the construction pro-
ject in a manner so as not to disturb the proper functioning
of the existing septic system, and shall connect to the
municipal sewer within the prescribed time period after the
sewer is available for connection.
2. Authorities granted by this variance run with the pro-
perty not with tYie 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 (May 13, 1986).
• 3. 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.
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' Ci.t of ORONO
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'�4�'i'° RESOLUTION OF THE CITY COUNCIL
` :, 1754
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� 4. The undersigned applicant has read, understood and here-
by 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 of the City of Orono on
this 13th day of May, 1985.
ATTE T: �
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• o othy Hal i , ' ty Clerk Mary C. t er, Mayor
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Property wner
� Property Owner
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. ����:� Cit� of ORONO
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'�; RESOWTION OF THE CITY COUNCIL
..' � NO. 1754 .
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) ,
On this __�n � day of �� __, �.985
before me a Notary Public within and for said county, personally
appeared �q 2� f1/�� �,2�N q-vt�0 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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. :�% � • �ENNS�p°�p�,seo�O'pO � NOTARY PUBLIC
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• MY COMMISSION EXPIRES
STATE OF MINNESOTA ) �
)ss.
COUNTY OF HENNEPIN )
On this l3� day of �.4�y , 1985, before me
a Notary Public within and for said County, personally appeared
��ti�,q �, �6�/iv-T�it�°. 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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MY COMMISSION EXPIRES .
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