HomeMy WebLinkAboutResolution 1881 r`f
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,-�;���.-' RESOLUTION OF THE CITY COUNCIL
�Y�:° 18 81
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A RESOLIITION GRANTING
A VARIANCE TO .
" MONICIPAL ZONING CODE
SECTION 10.28, SDBDIVISION 5 (B)
FILE #921 +
WHEREAS, Van Eeckhout Building Corporation (hereinafter "the
applicant") has an interest in the property located at 2135 Salem
Court within the City of Orono (hereinafter "City") and legally
described as follows:
Lot 4 , Block 1 , Dickey Lake Addition (hereinafter "the
property"); and
WH$R$AS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to
permit the construction of an attached garage located 11 feet from the
• northerly side lot line where a 30 foot setback is normal ly required.
� NOW, TH�3REFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
� • � FINDINGS
1. This application was reviewed as Zoning File #921.
2. The property is located in the RR-1B Zoning District.
3. The Orono Planning Commission has reviewed this application
on May 20, 1985, and recommends approval of the proposed variance
based upon the following findings:
A) Applicant owns the adjacent property to the north and
intends to develop that property himself.
B) The location of the existing house and intended garage,
11 feet from the side lot line, wil 1 not have a significant
effect, visual or otherwise, on the adjacent property to the
north, based on the likely location for a house on that
adjacent property.
C) The applicant did not intend to locate the house and
� garage 11 feet from the side lot line; the original site
plan approved by City staff indicated a setback of 33 feet
� from the side lot line; and the location 11 feet from the
lot line is the result of construction errors which were not
apparent until substantial work had been completed on the
project.
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RESOLUTION OF THE CITY COUNCI L
, �'"r 18 81
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4. The City Council has considered this application including the
findings and recommendations of the Orono staff 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 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 appli-
• cant; 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, Sub-
division 5 (B) , to permit the construction of an attached garage
located 11 feet from the northerly side lot line where a 30-foot
- setback is normal ly required subject to the following conditions:
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1. An easement for setback and open space purposes shall be
granted over Lot 3 in favor of Lot 4, such easement to be
recorded in the chain of title of both properties by the
� applicant. �
2 . Authorities granted by this variance run with the property
not with the applicant, but are permissive only. The applicant
may proceed with construction per the current Building Permit No.
2135 dated March 11, 1985.
�. 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.
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� � � d C�t� o� ORONO �
• RESOWTION OF THE CITY COUNCIL
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� NO. 1881
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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
November, 1985.
ATT T:
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D othy M. allin, City Clerk Mary C. Bu r, Mayor
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1) Property Owner
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(2) Property Owner '
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RESOLUTION OF THE CITY COUNCI L
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t - � . NO. 1881 • _
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STATE OF MINNESOTA )
• ) ss.
COUNTY OF HENNEPIN ) ' �
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On thi s c�/''� day of _, 19 8�
before me a Notary Public within and f said co ty, personally
appeared `7�'f�.��¢ Q�.��uQ ,��G�,��°�`�2ti�(, known to me to be
the persor�(s) des ribed�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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• JOANNE L. ALDRiCH „
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HfiNNEPIN COUNTY NO RY PUBLIC
NOTARY PU9LIC.MINN�SOTA
� MT''COMM18610N EXrIRE9 3EPT.20,1�988- � • � �
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� MY COMMISSION E?�PIRES
STATE OF MINNESOTA ) '
' )ss.
COUNTY OF HENNEPIN )
On this ��'Q=t day of ' , 198�v, before me .
a ' Notar P blic within and for aid Count , personally appeared
���'�� ���� known to me 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.
�
" � JOANNE L ALDRICIi �`�`
iiENNEPIN COUNTY . NO RY PUBLIC
NOTARY PUBLIC-MINNF.SATA
' MYCOMMISSIONEXpIREe 3EP7.20,1�J8R�� - .
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MY COMMISSION EXPIRES
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