HomeMy WebLinkAboutResolution 1811 . ..>
. � ,�_ ���'��� .�� �ity of OROl�O
a
� �tP.
"�'��" ` �����-4 RESOLUTION OF THE CITY COUNCIL
� �.'
� � " -` NO. 1811
��° "�
:.'s'�',._ ti.. . .
� � � �
A RESOLUTION GRANTING
A VARIANCE TO '
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 4 (A)
FILE #937
WHEREAS, Wharton Sinkler and Margherita Gail Harris (hereinafter
"the applicants") are owners of the property located at 2195 French Lake ��
Road within the City of Orono (hereinafter "City") and legally described as
follows :
Lot l, Block 3 Johnstons French Lake Second Addition (hereinafter
"property"); and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.28, Subdivision 4 (A) to permit the con-
struction of an animal shelter to be placed 62 feet from east lot Iine
instead of the required 150 feet.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: �
FiNDINGS
l. This application was reviewed as Zoning File #937. �
2. The property is located in the RR-1B Zoning District.
3. The Orono Planning Commission reviewed this application on July
15, 1985, and recommended approval of the proposed variances based �
upon the following hardships and findings:
� A) The lot �at its widest point measures only 152 feet and could
never mee� required setback. �
B) Per Section 10.03, Subdivision 18 (B) the barn is 150 feet or
more fro� the nearest off-site residence.
C) The developer and resident of the area has submitted a writ-
ten statement that he approves of the request of the applicants. �
D) The animal shelter will be screened from the surrounding
� residential lots by the existing vegetation and berm along road-
way.
E) The animal shelte� is 62 feet from the street, or east lot
line of the property but because of the location of the street
right-of-way the nearest property line is 128 feet.
Page 1 of 3 .
� • ���Fl{� . . .
t¢B AA:; , •
� �t� r �� - c�t� o� oR,o�o
� .��
� ���,�
• K� T]� ��S i�, r
��� RESOLUTION OF THE CITY COUNCIL
irkqJ.:
'�.• .?�; NO. 1 O Z 1
-,
- • � • r•
4. The City Council has considered this application including the
findings and recbmmendations 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.
5. The City Council finds that the conditions existing on this pro-
• perty 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 demon-
strable 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.
CONCLIISIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
• grants a variance to Municipal Zoning Code Section 10.28, Subdivision 4 (A) �
to permit the construction of an animal barn to be placed 62 feet from the
east lot line instead of the required 150 feet.
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 approval, or this variance will expire on that date (July 22,
1986 ) . .
2. Violation of or non=compliance with any of the terms and condi- �
tions 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.
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 cY�ain of title of the property.
Adopted by the Orono City Council on �this 22th day of July, 1985.
ATT T:
�' � v
th in, City Clerk Mary C. ler, Mayor
�.._ ._ _..� . � , ,
, . � ,
(1) P y Owner -
Page 2 of 3 .
� ♦ � .
� ���:r�: _ Cit� of ORO1�0
���x�� ��� .
� �� �` � `��� .� - RESOWTION OF THE CITY COUNCIL
.,;�-:
� .� � � - 1811 �
� � . y . . NO. . -
. ��, . . . ._ � � - . . �
,�•-_ : .. .
r,�
STATE OF MINNESOTA )
) ss . � . �
COUNTY OF HENNEPIN )
On this _ �9 � day of �� Ly , 1985 �
be,fore me a Notary Public within and for said county, personally
appeared �.a,���� S'/NkL�_ known to me to be
the persor� (s ) described in and who executed the foregoing
instrument, and acknowledged that he (tliey) executed the same as
his (their) free act and deed.
oe�.sa
� GAFFRO��� � � �
N►IGHAEuBUC'MINNESOTA
NoTpa C�V�TY 9a� NOTARY PUBLIC �
;;S�pw, Y P
'�=� � 1�{ENNEP�N tresdunet�,
y�,� MY�Omm►sslon�P ' •
�
�l u� 1/,/9B7 .
. MY COMMIS ION EXPIRES
STATE OF MINNESOTA ) �
)ss. � �
COUNTY OF HENNEPIN ) �
On this 2q`� day of �kLy , 1985, before me
a Notary Public with' and for said County, personally appeared
.����1�'A �,AaL ���,.P�S known to me to be the
person(s) described in and who executed tRe foregoin,ginstrument,
and acknowledged that he tthey) executed the same as his
(their) free act and deed.
EL P. GAFFR
ON
���
NIIGHP� �s��c-MINNESOTA NO ARY PUBLIC
�' � ;��'y� • N►�ENNEP�N C� .
ves�u`e�Yes��
�� Nly Commission ExP �a�,�oo
'.,b]� � r
����
. _ �u��//, /�g �
, MY COMMISSI N EXPIRES •
�,, P age 3 o f 3