HomeMy WebLinkAboutResolution 1810 �?
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� ti ' � RESOWTION OF�THE CITY COUNCIL
"�� � NO. 1810
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A RF�OLIITION GRANTING
� g VARIANCE TO
MUN3CIPAL ZONING CODE
SECTION 1�0.28, SUBDIVISION 5 (B)
FILE #934
WHEREAS, Robert Tschida (hereinafter "the applicant" ) .
is the owner of the prop.erty located at 1300 Fox Street within
the City of Orono (hereinafter "City") and legally described as
follows : -
Lots 10, 11, and 12, Block 14, Minnetonka Bluffs (here-
inaf ter "property"); and
WHEREAS, the �ap�licant has applied to the City for a
variance to Municipal Zo;ning Code Section 10.28, Subdivision 5
(B) to permit the construction of an enclosed entryway located
• 28.7 feet from the front property line where a 50 foot setback is
normally required.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application Was reviewed as Zoning File #934.
2. The property is located in the RR-1B Single Family Rural
Residential Zoning D�strict: ,
3. The Orono Planni�g Commission reviewed this application
on July 15, 1985, and recommended approval of the proposed
variances based upon the following findings:
A) The entryway enclosure wil create a. more energy-
efficient home. �
B) The entryway enclosure will likely not affect any
neighbor's views. .
C) Neither Fox Street or Hanlon Avenue are developed
roads at this �ocation, and the applicant has main-
• tained the Fox S�treet right-of-way as yard area for a
number of years,, hence the proposed entryway gives the
� appearance of being setback nearly 60' from the edge of
� � the yard.
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�����,N �: RESOLUTION OF THE CITY COUNCIL
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4. The applicant's hardship is the location of the existing
house and the location of the front door.
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 property are peculiar to it and do not apply general ly .
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 pre-
� serve 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. • �
-_ . „ _ . CONCLIISIONS, ORDER AND CONDITIOIdS
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. Based upon the above findings, the Orono City Council '
hereby grants a ,variance to the Municipal Zoning Code Section
10.28, Subdivision 5 (B) �o permit the construction of an en-
closed entryway located 28.7 feet from the front property line
where a .50 foot setback is normally required subject to the �
following conditions: .
1. 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 ap�roval , or this
variance will expire on that date (July 22, 1986 ) .
� . Violation of or .non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shali automatiCal ly terminate any authority �
granted herein, and shall be punishable as a misdemeanor. -
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"� ` RESOLUTION OF�THE CITY COUNCIL
����' NO. 1810
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�. 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 Orono City Counci l on this 2 2th day of •
Ju�ly, 1985. . .
ATT T:
. � ,
othy M. allin, City Clerk Mary C. Bu er, Mayor
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• (1 ) Property Owner
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RESOLUTION OF THE CITY COUNCIL
' 1810
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN ) ,
On this �y� day of �l�t.L�J , 1985
before me a Notary Public within and for said county, personally
• appeared �pg��- � c�l�,c} known to me to be �
the person(s described in and who executed the foregoing
instrument, and acknowledged that he (tYiey) executed the same as
his (their) free act and deed.
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IGHAE�"P�'M�NNE Y �
• .�;,� �o,�AaNEP`N G�Un1'C 19a� NOTARY PUBLIC .
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+.9� , HEmm�SSton EXP
'•�..a�..� MY
` a.S�N� �1� f 987 .
� MY COMMISSI N EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this � � � day of �'u�y , 1985, before me �
a Notary Public within and for said County, personally appeared
��f-/�/N� �cf/iD,Q-- 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.
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M1CHAEU pcG�NFE���A � NOTARY PUBLIC • .
�.r.''°",. NO'iARY p P�N COL��Y;�87 � -
.!����. HENNE EXpires��o�. . '
� Commiss`on
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MY COMMISSI EXPIRES
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