HomeMy WebLinkAboutResolution 1824 . . � '
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��• �` #�`` �- ` � � RESOLUTION�OFTHE CITY COUNCIL � �. . " ,
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� � �����` . . • � NO. 18 2 4• . . .
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� A RESOLDTION .GRANTING A VARIANCE TO '
MUIJICIPAL ZONING CODE SECTION
10.02.65 and SECTION 10.03 SDBDIVISION 18(B)
, . FI�E #938 '
WHEREAS, Robert Nash (hereinafter "the applicant" ) is owner �
of the property located at 1020 Townline Road within the City of Orono
(hereinafter "City" ) and legally described as follows: �
The South 6 acres of the West 1171.5 feet of the
. Northwest quarter of the Southwest quarter of the .
. Section 30, Township 118 North, Range 23 West of .
.the 5th Principal Meridian; subject to an easement
for road purposes over the west 33 feet thereof; and
. WHEREAS, the applicant has applied to the City for a variance , �
to Municipal Zoning Code Section 10.02.65, and Section 10.03,
• , _ Subdivision 18 (B) , to permit the construction a horse barn 10' from the
� side lot line where a 150 ' setback is normally required.
• • ° NOW, THEREFORE BE IT RESOLVED by the� City Council of Orono, ;
Minnesota: . �
� � • , FINDINGS
l. This application was reviewed as zoning file #938•
, . 2. �The property is located in the RR-lA Single Family Rural
Residential Zoning District. �
� �. 3. The Orono Planning Commission re�viewed this application
on July 15, 1985, and recommended approval of the proposed
variance based upon the following findings:
a) This property and that to the immediate north are 5- �
acre lots in a 5-acre zone and are not subdividable under
current zoning regulations. �
, b) Both this property and that to the north have �
� ' established residences and both are currently .
' maintaining a limited number of horses, which is an
°,�•'{� �� : ` established and allowed use for the properties. � .
� c) The properties to the east and south are undeveloped �
. and the proposed barn will be located more than 150 ' from .
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� these lot lines.
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t'�� .� Q ;�� RESOLUTION OF THE CITY COUNCIL
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�;'"";� ��,R�,�- NO. 18 2 4 .
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d) The proposed barn will be located 400 feet or more from
the residence to the north.
e) Applicant has a hardship in that the property width is
' only 223' , hence a 150 ' setback from both side lot lines :
� - is impossible.
4. The adjacent property owner to the north, whose property
_ contains the only adjacent residence which might be
� � - immediately affected by the proposed horse barn, has
submitted a statement that he has no objection to the
proposal.
� 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 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.
CONCLIISIONS, ORDER AND CONDITIONS
� Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10. 02.65 and
. Section 10.03 Subdivision 18 (B) to permit the construction of a horse
barn 10' from the side property line where a 150 ' setback is normally �
. required, subject to the � following conditions:
• 1.. Applicant is placed on notice that this property of
approximately 5.5 acres dry land has a limit of 3 horses
maximum allowed to be kept on the property:
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) �F4�V .�f,c . '
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a ��Y� �j � . RESOWTION OF THE CITY COUNCIL .
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����,--> Y` NO.- � 824 - . .
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2. 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 (August 12, 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.
4. 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 chain of title of the .
. � property. � - '
Adopted by the Orono City Council on this 12th day of August, �
1985.
ATTE . - .
" . _ '
�
othy M. llin, ity Clerk Mary C. ler, Mayor
2 . � , �
���� ����� ����
(1 ) Property Owner . � �
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� RESOWTION OF THE CITY COUNCIL
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2�`'� � ��d � NO. � 18 2 4 . .
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�STATE OF MINNESOTA � ) �
) ss. . .
COUNTY OF HENNEPIN � ,
On t h i s /��� � d a y o f �Z,��:/c�o� , , 19 8 5
before me a Notary Public within and r said county, personally
appeared �-e,e� �, /1��� � known to me to be
- the persor�(s) described in and who executed the foregoing �
instrument, and acknowledged that he� (they) executed the same as �
his (their) free act and deed.
� .'�"':��`►} KATHLEEN �. - . .
�_ � A• HE NOTARY PUBLIC
, :��� NOTARY PUBUC_ GGE
'�..:• HENNEPIN CpNN��T� '
• MY Commission Expires gepNTY9� .
�� i�� i9�'� . .
. MY COMMISSION EXPIRES � .
STATE OF MINNESOTA ) • - . ; '
)ss. � .
COUNTY OF HENNEPIN ) , _
On this /3� day of , 1985, before, me
a Notary Pub�}ic, 1within and for s� 'd County, personal ly appeared �
. _PG���'cr'Q` (�`j, NC�S�, 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. �,
� i •
� ��� .a. � .
NOTARY PUBLIC �
•��iAti.� KATHLEEN A. HEGGE ' •
:'�_�!�� NOTARV PUBUC—MINNESOTA • . ' - •
���� �� HENNEPIN COUNTY
••'' My Commission Expires Sept 17,lggg / ��
� � . �.,?!fr?at^99�.'!.'1.'L^� � ' �� � � �
. MY OMMISSION EXPIRES .-
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