HomeMy WebLinkAboutResolution 1880 } . _ .
° �Y�: d Cit� o� ORONO
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�'�� RESOLUTION OF THE CITY COUNCIL
�'�s5� ._ NO. 1880
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A RF,SOLIITION GRANTING
A VARIANCE TO
MIINICIPAI. ZONING CODE .� _
SECTION 10.28, SIIBDIVISION 5 (B)
FIL$ �981
� WHEREAS, Philip F. Kaley (hereinafter "the applicant")
is the owner of the property Iocated at 1395 Brown Road South
within the City of Orono (hereinafter "City") and Iegally des-
cribed as follows:
Lot 5, Bl.ock 1, Markville, Hennepin County, Minnesota,
� (hereinafter "property"); and
WHEREAS, the applicant has applied to the City for a
S variance to Municipal Zoning Code Section 10.28, Subdivision 5
(B) to permit the construction of a 12'x22' room addition Iocated
37.5 feet from a rear property Iine where a 50 foot rear yard '
setback is normally required.
NOW, THI3RLFORE, BE IT RESOLVED by the City Counci I of
Orono, Minnesota:
FINL�INGS
1. This application was reviewed as Zoning Fil.e #981.
2. The property is Iocated in the RR-1B Single Family Rural
. 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 following findings:
A) The property is appoximatel.y 0.4 acres in area in a
2-acre zoning district.
B) The property is unique in that it is surrounded on
3 sides by right-of-way.
� C) The existing house does not meet front or rear
setbacks of the RR-1B zoning district.
D) The proposed addition is Iocated such that the
setback variance required is relatively minor.
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��`r RESOLUTION OF THE CITY COUNCIL
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��'�` . 1880
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E) The property will be sewered as part of the Crystal
Bay Sewer Project and the addition wil.I not have an
effect on the septic system or sewer �connection.
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 welfare of the community.
5. The City Council finds that the conditions existing on
this property are peculiar to it and do not apply general Ig
to other property in this zoning district; that granting the
variance woul.d not adversely affect traffic conditions,
� Iight, 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 CONDITIONS
Based upon the above findings, the Orono City Council
hereby grants a variance to the Municipal Zoning Code Section
10.28, Subdivision 5 (B) to permit the construction of a 12'x22'
room addition Iocated 37.5 feet from a rear property I.ine where a
50 foot rear yard setback is normally required, subject to the
foll.owing 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 approval., or this
variance will expire on that date (October 28, 1986) .
2. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shall automatical ly terminate any authority
granted herein, and shall be punishable as a misdemeanor. .
• 3. 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.
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�,wS,� , RESOLUTION OF THE CITY COUNCIL-
; � NO. 1880
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Adopted by the Orono City Council on this 28th day of
October, 1985.
ATT T:
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• Do thy M. allin City Clerk Mary C. tler, Mayor ,
,� ,. � � ,
/ I !
(1) P perty Owner
•
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- �. - Cit o� ORONO
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� �" RESOLUTION OF THE CITY COUNCIL
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- � NO. 1880
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� STATE OF MINNESOTA )
) ss. "
COUNTY OF HENNEPIN ) �
On this 30��" day of ��� , 1985
before me a Notary Publi within and for said county, personally
appeared �,y-�L�(� � ��-� known to me to be
the persor�(s ) described in and who executed the foregoing
instrument, and acknowledged that he (ttiey) executed the same as
� his (their) free act and deed.
� �
,�;:"sN�. MICHAEL P. G '�
:��'� � NOTARYpUg��C_ AFFRO,V ' NO ARY PUBLI
t HENNEPIN MINNESOTq
�..�• COUNTY
MY Commisslon Expfres June 11,1�87
���1�, ���'� .
. MY COMMIS ION EXPIRES
STATE OF MINNESOTA ) '
)ss. �
COUNTY OF HENNEPIN )
On this �/ S� day of Qf��4L�° , 1985, before me
a Notary Public with'n and for said County, personally appeared
�,p,�,p�y�v�� /�,Q��� k n own t o me t o b e t h e
. 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.
�,
''�'�'�"`��_��i�� M T�Y EL P. GAFF�;-'�J ��, NOTARY PUBL
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MY COMMIS ON EXPIRES
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