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HomeMy WebLinkAboutResolution 2027 F . Ci.t� o� ORONO • RESOLUTION OF THE CITY COUNCIL� � NO. 2027 � • - • • , A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, S�BDIVISION 5 (B) FILE #1050 WH$REAS, Thomas R. Browne (hereinafter "the applicant") is the owner of the property located at 760 South Brown Road within the City of Orono (hereinafter "City") and legally described as follows: The South 396 feet of the West half of the Southwest quarter of the Southeast quarter of Section 3, Township 117 North, Range 23 West of the 5th principal meridian, Except the South 93 feet thereof (hereinafter "the property"); and WH$REAS, 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 a room addition and attached garage which will be located 37.2 feet from the front lot line where a 50 foot front lot line setback is normal ly required. • NOW, THEREFORE, BE IT RBSOLV�D by the City Council of Orono, Minnesota: FIIaDINGS � 1. This application was reviewed as Zoning File #1050. 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) Proposed additi'ons are no closer to front lot line than the previously existing screen porch. ' B) Additions to this house in other directions than those proposed would be limited by the location of the wetland and by the existing septic tank location. C) Garage location is based on the new, safer driveway acces,s under construction and is limited by proximity to wetlands. D ) The additions are screened from the road by existing • shrubbery. 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 'i . . .,..�. , . ..._,. .. . . . . � . C��-e�9�O-1�T0 • � RESOWTION OF THE CITY COUNCIL � � NO. 2027 • - • • 5. The City Council fincls 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. � . CONCLIISIO�iS, ORDER AIdD COIdDITIOAIS 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 room addition and attached garage which will be located 37.2 feet from the front lot line where a 50-foot front lot line setback is normal ly required, subject to the following conditions: • 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 automatically 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. . 1 Adopted by the Orono City Council on this 28th day of July, 1986. � ATTE . � j � ; o thy M. llin, City Clerk Mary C. Bu er, Mayor / . / b � //��'1��..v v\/ • Property �Owner(s) . Page 2 of 3 . , . Cit� o� ORONO • I RESOLUTION OF THE CITY COUNCIL� � i(� � NO. 2027 • - • • . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ' � On this � day of l�l-(�S� , 1986 � ! before me a Notar Public within and for said county, personally 1 appeared �y,y�,,�� � ��2pc.�w�s lk�i� S/��/L� $�u,�,�lcnown 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. i � ! ; � .,,.'''�''RpN , � 1CHAEL pCG�A�NNESOTA . Q ; ��W� MojARY QUg1. C�VN'T`�98� Y �r• �, `� NHENNEpIN `r���^e>>� NOTARY PUBLIC � '�y� ��� �Y�ommisst�^�"P •.,a�.�..�:: � ��zs �8� MY COMMISSI N EXPIRES STATE OF MINNESOTA ) ')ss. . COUNTY OF HENNEPIN ) On this day of , 1986, , before me a Notary Public within and for said County, personally appeared 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. NOTARY PUBLIC MY COMMISSION EXPIRES � Page 3 of 3