HomeMy WebLinkAboutResolution 1861 .• -
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d , C�t� o� ORONO
• `� � RESOLUTION OF THE CITY COUNCIL
� NO. 1861
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A RESOLIITION GRANTING
A VARIANCE TO
MIINICIPAL ZONING CODE
SECTION 10.22, SIIBDIVISION 2
FILE #964
WHEREAS, Stephen & Jan Watson (hereinafter "the �
appl.icant" ) has an interest in the property located at 880
Partenwood Road within the City of Orono (hereinafter "City") and
legally described as follows:
Lot 6, Block 1, Partenwood, Hennepin County, Minnesota;
' (hereinafter "the property" ) ; and
WHEREAS, the applicant has appl.ied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 2 to
, permit the construction of an addition to the existing house,
which addition constitutes 1585 square feet of hardcover in the
; . 75-250' setback zone, and proposing the concurrent removal. of
1635 square feet of existing hardcover in the 75-250' setback
zone, for a net decrease of 50 square feet of hardcover, or
reducing from the existing 7137 square feet (39.1� ) to 7087
square feet (38.8�) in the 75-250' setback zone where only 25�
. hardcover is norma3.ly allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Counci I of
Orono, Minnesota:
FINDINGS
1. This appl.ication was reviewed as Zoning File #964.
2. The property is located in the LR-1B Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on September 16, 1985, and recommended approval of the
proposed variance based upon the following findings:
' A) Applicant is proposing a net reduction in hardcover
by removing portions of the existing asphalt driveway.
� B) Over half the lot is within the 0-75' setback zone,
hence for the given lot area of 0.88 acre, the property
• is allowed relatively Iittle hardcover compared to most
other similar lots in the LR-1B zoning district.
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• � RESOLUTION OF THE CITY COUNCIL
� NO. 1861
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4. 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 heal.th,
safety and welfare of the community. �
5. The City Counci 1 f inds that the conditions exi sting 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; woul.d not merely serve as a
, convenience to the applicant, but is necessary to al leviate
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.
• CONCLOSIONS, ORDER AND CONDITIONS
Based upon the above f indings, the Orono City Counci I
hereby grants a variance to the Municipal Zoning Code Section
10.22, Subdivision 2 to permit the construction of a 1585 square
foot addition to the existing home, along with the concurrent
removal of 1635 square feet of existing hardcover within the 75-
� 250' setback area, for a net reduction of 50 square feet of
hardcover or a reduction in the 75-250' setback zone from 39.1�
to 38.8�, subject to the following conditions:
l. Applicant shall remove the 1635 square feet of existing �
driveway and pl.anting bed prior to issuance of a Certificate
of Occupancy for the addition.
2. The maximum aI.I.owed hardcover for this property is 7,087
square feet or 38.8� and the applicant is advised that this
exceeds the normal. . allowance of 25� in the 75-250' setback
zone. Applicant is further advised that future additions of
hardcover may be approved only with further concurrent
removals of existing hardcover.
3. 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 (September 23, 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 shal.I be punishable as a misdemeanor.
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d � C�t� o� ORONO
• ' � RESOLUTION OF THE CITY COUNCIL
� NO. 1861
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;i� 4. The undersigned applicant has read, understood and here-
by agrees to the terms of this resol.ution 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 23rd day of
,� Sept mber, 1985. •
.. AT ST:
. ���
rothy M. a11in, ,City Clerk a y C. Butler, Mayor
m Frahm, Acting Mayor
r • �
(1) Property Owner
�
rty Qwner
,
�
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• RESOLUTION OF THE CITY COUNCIL '� .
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� NO. 1861 . .
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; STATE OF MINNESOTA )
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• COUNTY OF HENNEPIN ) ,
On this � 3 �° day of S'�PyZ�r�n.�� , 1985
' before me a Notar Public within and for said county, personally
appeared J�.n.+ �, ��ti9 • known to me to be
'L� 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.
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' • ''�••`••°° My�mNNEP�N CoNNESOrq NOTARY PUBLIC
, misslon Explres J���98�
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MY COMMISSION EXPIRES
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 ��r���r� 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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;c:•a�:;;�., MICHAEL P. GAFFROi�1 NOTARY PUBLIC
,G� ��pp„ NOTARY PUBUC-MINNESOTA
f ,,qq��� HENNEPIN COUNTY
.��� pAy Commission Expires June 11,1987
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MY COMMISSION EXPIRES
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� •��# On this �� day of , , 1985
;t before me Notary Public within and f r said county, personally
^ appeared r,{,�� known to me to be
� the persor�( ) described i and who executed the foregoing
�_ � instrument, and acknowledged that he (they) executed the same as
F his (their) free act and deed.
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� ('„ULLICK ,
� • SAN BUC.H��°PI°Ccunry.Mtnn.
i. ppTppY miwton�P�nsAuo'�•1q8° NOTARY PUBLIC
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, • MY COMMISSION EXPIRES
� STATE OF MINNESOTA )
' )ss. �
COUNTY OF HENNEPIN ) .
On this day. of , 1985, before me
; a Notary Public within and for said County, personally appeared
known to m.e 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.' .
NOTARY PUBLIC
. � '
MY COMMISSION EXPIRES