HomeMy WebLinkAboutResolution 2121 .. - '�
�
� Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2121 '
• - • • �
A RESOLUTIOAI GRANTING
A VARIANCE TO
MiJNICIPI�L ZONING CODE
� SECTION 10.28, SDBDIVISION 5 (B)
- FILE #1099
WHEREAS, Carolynne A. Hibbs (hereinafter "the applicant") is
the owner of the' property located �t 2765 Fox Street within the City
of Orono (hereinafter "City") and legal�.y described as foY lows:
The West 365 feet of Lot 25, Auditor's Subdivision No. 229,
Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to MunicipaY Zoning Code Section 10.28, Subdivision 5 (B) to
permit the construction of a 2-story deck addition to be Iocated 28
feet from the front 1ot Yine where a 50 foot front yard setback is �
normal Iy required.
� NOW, THEREFORE, B$ IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS _._
• l. This application was reviewed as Zoning Fi1e #1099.
2. The property is Yocated in the RR-1B Single F;�mi�.y Rural
' Residential Zoning District. �
3. The Orono Planning Commission reviewed this application on
January 20, 1987, and recommended approval. of the proposed
- variance based upon the folYowing findings:
A) The proposed addition wilY have no visual encroachment
. effect on the neighborhood.
B) Applicants hardship is the location of the dedicated
right-of-way in re�ation to the actua� traveled roadway and
the long-term historic use of right-of-way as yard area.
, 4. The City Council has considered this appYication including
the findings and recommendations of the Planning Commission,
�reports by City staff, comments by the appYicant and the effect
of the°proposed variance on the health, safety and welfare of the
• community.
Page 1 of 3
1
r- I
ts
� cit� o� oRONo .
• RESOLUTION OF THE CITY COUNCIL
� NO. 2121
� - • •
5. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply genera].Iy to other
property in this zoning district; that granting the variance
would not adversely affect traffic conditions, Yight, air nor
pose a fire hazard or other danger to neighboring property; wouYd
not mere�y ;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
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 CounciY hereby
grants a variance to the Municipal Zoning Code Section 10.28,
Subdivision 5 (B) to permit the construction of a 2-story deck
addition to be located 28 feet from the front property line where a 50
• foot front yard setback is normally required, subject to the foYlowing
. conditions:
1. Authorities granted by this.variance run with the property
� not with the applicant, but are permissive onYy and must be
exercised by application for a buiYding permit within one year of
the date of CounciY approvaY, or this variance wiY� expire on
that date (February 9, 1988).
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 automaticalYy terminate any authority granted
herein, and sha11 be punishable as a misdemeanor.
3. The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behal.f 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 9th day of
February, 1987.
�
AT EST:
�, � . .
�� ,
• D othy M allin, City Clerk Ja s R. Gra , Mayor
�,c�,,¢-a.-�/��k �-'/v.,��eJ �
Property Owner(s) �
Page 2 of 3
�,:�
. . .
*
� c�t� o� oR,oNo
� RESOLUTION OF THE CITY COUNCIL
� NO. 2121 '
• - • •
STA 0 NNESOTA )
) ss. �
COUNTY OF HENNEPIN ) '
On this p���... day of �.��C�- . . , 198Z
before me a �otary Public within and for said county, personally
appeared �r�� � r� known to me to be
the person(s) de�cribed in and who executed the foregoing
instrument, and �acknowledged that he (they) executed the same as
his (their) free act and deed.
� G�.G�-l'/�
�A L. NAAB NOTARY PUBLIC
��}y�/Uet,fO•MINNE30TA
�HEN�N e COQ NTa.
� �'�- 9�.
• MY COMMISSION EXPIRES
_ STATE OF MINNESOTA ) -
� )ss.
COUNTY OF HENNEPIN )
On this . . day of . . . . . . . , 198 ., before me
' a Notary Public within and for said County, personalYy appeared
. . . . . . . . . .
known to me to be the
person(s) described in and who executed the foregoing instrument,
and acknowYedged that he (they) executed the same as his
(their) free act and deed. '
. . . . . . . . . . .
NOTARY PUBLIC
MY COMMISSION EXP2RES
• Page 3 of 3