HomeMy WebLinkAboutResolution 1876 .� .
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d C�t� o� ORONO
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�J RESOLUTION OF THE CITY COUNCIL
� NO. 1876
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A RESOI�UTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9
FILE #959
WHEREAS , George E. Johnson (hereinafter "the
applicant") is the owner of the property located at 365 North OI.d
Crystal Bay Road within the City of Orono (hereinafter "City")
and Iegally described as folZows:
The West half of the North 10 acres of that part of the East
half of the Southwest quarter of Section 33, Township 118
North, Range 23 West of the 5th principal meridian, lying
South of the right-of-way of the Great Northern Railway,
• according to 'the U.S. Government Survey thereof, including
an easement over the North 20 feet of the East half of the
North 10 acres of that part of the East half of the South-
west quarter of Section 33, Township 118 North, Range 23
West of the 5�th principal meridian, I.ying South of the
=ight-of-way of the Great Northern Railway; (hereinafter
"property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.03, Subdivision 9 to
permit the construction of a 1,620 s.f. storage buii3ing where
accessory structures exceeding 1 , 000 s.f . in area are not
normal.ly allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Counci I of
Orono, Minnesota:
FINDINGS
l . This appl.ication was reviewed as Zoning File #959.
2. The property is'� Iocated in the RR-1B Single Family Rura3.
Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on October 21, 1985, and recommended approval of the pro-
� posed variance based upon the fol lowing findings:
A) The structure is not intended to house animals and
therefore meets the required setbacks for a storage
structure.
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_ .- t� � Ci.t o� ORONO
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• RESOLUTION OF THE CITY COUNCIL
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;`, �� NO. 1876
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B) The property is 5 acres in area.
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 health,
safety and wel.fare of the community.
5. 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,
Iight, air nor pose a fire hazard or other danger to neigh- �
boring property; would not merel.y serve as a convenience to
the applicant, but is necessary to alleviate a demonstrable
hardship or difficulty; is necessary to preserve a sub-
stantial 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. .
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council.
' hereby grants a variance to the Municipal Zoning Code Section
10.03, Subdivision 9 to permit the construction of a 1,620 s.f.
storage building where accessory structures exceeding 1,000 s.f.
in area are not normall.y allowed, subject to the following
conditions:
l. No p lumbing may be installed in the building. �
2. This building may never be used as a second dwelling
unit "nor;.space rented or used for any commercial purposes" .
3. This buil.ding may not be used as a stable or to house
animals, because it is less than 150' from the north Iot
Iine. Use for animal. housing would require a variance.
4. 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 (October 28, 1986 ) .
5. Violation of or non-compliance with any of the terms and
conditions of this variance shal I 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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d � Cit� o� ORONO �
� � RESOLUTION OF THE CITY COUNCIL
� � NO. 1876 �
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6. 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 Council on this 28th day of
October, 1985.
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AT EST:
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• o hy Halli , Cit Clerk Mary C. But er, Mayor
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(1) P erty er
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,a°` RESOLUTION OF THE CITY COUNCIL"
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�� � ?: NO. 1876
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
,
On this r �_ day of _, 198��0
� before me a Not ry Public within nd for said county, personally
appeared 6 Y _ �5'a,� known to me to be
the person(s ) descr ' ed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (the1 r) free act and deed.
� - � JOANNE C.�nIN SOTf� � ��' RY PUBLIC
�NOTAHENNEPIN COUNTY
My Commission Expires Sept.5, 1JJ0 n �
� �
MY COMMISSI N . PIRES .
STATE OF MINNESOTA )
)ss. "
COUNTY OF HENNEPIN )
On this �� day of , 198�, before me
a �Notary u ic wit in and for said County, personally appeared
' � �___ known to me to be the
. person(s)� descri ed 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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� JOANNE C.tATTiN NOTARY PUBLI
�NOTARY PUBLIC-MINNESOTA
• HENNEPIN COUNTY
My Commission Expires Sept 5, 199D �� �
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MY COMMI SION XPIRES
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