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HomeMy WebLinkAboutResolution 2026 , _� �., �� C�t� o� ORONO • Q� RESOLUTION OF THE CITY COUNCI L � NO. 2026 • - • • • A RESOLDTION GRANTING � A VARIANCE TO MUNICIPAL ZONING CODB SECTION 10.28, SQ�DIVISION 'S (B) FILE #1045 • WH�REAS, Arthur Bloemendaal (hereinafter "the applicant") is the owner of the property located at 145 Cygnet Place within the City of Orono (hereinafter "City") and legally described as follows: Lot 6, Block l, Swan Lake Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHER$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 addition to be located 27 feet from the • front lot line where a front yard setback of 50 feet is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � . FINDII+��S l. This application was reviewed as Zoning File #1045. � 2. The property is located in the RR-1B Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 21, 1986, and recommended approval of the proposed variance based upon the following findings: ; A) Hardship is that the existing garage already encroaches into the 50' front yard requirement and any extension of the existing garage in line with the existing house will be closer to the right-of-way due to the curve in Cygnet Place at this location. B) No significant visual effect on the neighborhood. . C) The house was constructed when less restrictive setback standards were in effect for this 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 welfare of the community. Page 1 of 3 � . ' Cit� o� ORONO • � RESOLUTION OF THE CITY COUNCIL � NO. 2026 • - • • 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 demon- strable 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. � � COIdCLDSIOPiS, ORDgsR 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 an attached garage addition to be located 27 feet from the front lot line where a front yard setback of 50 feet is normally required. . l. 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 (July 28, 1987 ) . 2. Violation of or non-compliance with any of the terms and conditions of this variance shal 1 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 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 28th day of July, 1986. ATT T: . • D rothy M. llin; City Clerk Mary C. er, ayor �� �� � roperty Owner(s) Page 2 of 3 � • . . ` City o� ORONO • � RESOLUTION OF THE CITY COUNCIL� � NO. 2026 ' • - • • STATE OF MINNESOTA ) )' ss. COUNTY OF I�ENNEPIN ) On this ZR`�` day of J Ut.L`� , 1986 before me a Notary Public within and for said county, personally appeared CL�p � , .g�,E,���,.p,l�/k[_ 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. �QOy aN� P �p,�r��- ''� ` . „ MIICHP►E B�IC-t�.!::�:4�.-:A � , ,�,-,"�`�,�`'� .H�NEpiN �CS'"�oT`198T NOTARY PUBLIC • �:..� ���lssion Exp ���o� ��.r �-�v� l� , ��8� r � MY COMMISSION� EXPIRES STATE OF MINNESOTA ) • )ss. COUNTY OF HENNEPIN ) On this 3� �'�" day of J-,a,�� , 1986, before me a Notary Public within and for said County, personally appeared - ,�}7v_r.r�u P -� �t�o��N 1��s1-t_ k n o w n t o m e t o b e t h e person(s) described in and who executed the foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. . NOTARY PUBLIC ��N . R NA��Q �'jM NNEgptA M\C Y pUgV1G' v�'(Y ` � n �.;;>�;,;;,'�. Np'CAP EP,N Ci0��0�1.1sg1n — cJ1.�.�uCS �� l7 8� � �,6 .� ' NENNg�o�Exp��eg as�''' MY COMMIS ON EXPIRES '•...3.��� µy�°"`"' Page 3 of 3