HomeMy WebLinkAboutResolution 2171 i .
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� � c�t� o� oR,oNo
• RESOLUTION OF THE CITY COUNCIL
�� NO. 2171
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A RESOLQTION GRANTING ,
A VARIANCE TO
MIINICIPAL ZONING CODE
SECTION 10.27, SDBDIVISION 5 (B)
FILE #1126
WH$REAS, Robert and Sharon Gehrman (hereinafter "the applicants")
are the owners of the property located at 4300 Sixth Avenue North within
the City of Orono (hereinafter "City") and legally described as follows:
Lots 2 and 3, Sharon Hills, Hennepin County, Minnesota
Outlots A and B, Winters Plentywood, Hennepin County, Minnesota,
(hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a variance
to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the
construction of a fami ly room and deck addition located 28' 6" instead of
the required 50'.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1126.
'2. The property is located in the RR-lA Rural Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on April
� 20, 1987, and recommended approval of the proposed variance based upon
the following findings:
• A) The interior layout of the residence prevents expansion to
the south, north or east of the structure.
B) The septic drainfield serving the residence is located to
. rear or north of the structure.
C) The Sharon Hills plat was subdivided prior to current five
acre zoning standards. The developed lots within the six lot
plat do not meet current zoning standards except for the
applicants' homestead.
• D) The applicants' property contains 14 acres in area, 180
percent over the required area standard at five acres.
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cit� o� oR,oNo
• RESOLUTION OF THE CITY COUNCIL
� NO. 2171
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E) The narrow width of the lot at the building site prohibits
conformity to current setback standards of the zoning districts.
F) The most affected neighbor has been made aware of the
proposal and has voiced no objection nor submitted written
negative comments.
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 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 al leviate 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.
CONCLIISIONS, ORDER AND CONDITYONfS
Based upon the above findings, the Orono City Council hereby
grants a 21.4 feet setback variance per Municipal Zoning Code Section
10.27, Subdivision 5 (B) to permit the construction of a family room and
deck addition to the existing residence, subject to the following
conditions:
1. Septic drainfield area to rear of structure must be staked and
protected prior to construction.
2. Authorities granted with this resolution run with the property not
with the applicants, 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 wil 1 expire on that date (May 11,
1988 ) .
3. Violation of or non-compliance with any of the terms and
conditions of this resolution shall constitute a violation of the
zoning code, shall automatically terminate any authority granted
herein, and shal 1 be punishable as a misdemeanor. .
• 4. The undersigned applicants have read, understood and hereby agrees
to the terms of this resolution and on behalf of themselves, their
heirs, successors and assigns, hereby agree to the recording of this
resolution in the chain of title of the property.
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Cit� of ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2171
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Adopted by the Orono City Council on this llth day of May, 1987.
ATTEST:
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!�'Dorothy . H ' , City Clerk Jame R. Grabe , ayor
Property Owner(s)
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C�t� of ORONO
� RESOLUTION OF THE CITY COUNCIL
� NO. 2171
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN ) � ,
On thi s ��� day of �'l�_ , 19 8�
before me a Notary Public within and for id county, personally
appeared R�,(���+ S. �,-2�,v'rnC�.r known to me to be
the person(s ) described in and who executed � the foregoing
instrument, and acknow].edged that he (they) executed the same as
his (their) free act and deed.
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NOTARY PUBLIC
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• �RMY MJ�LIC•MINNE80TA -
MENNLPIN COUNTY
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MY COMMISSION EXPIRES
STATE OF MINNESOTA ) - .
)ss. �
COUNTY OF HENNEPIN ) `
On this d° n� day of �i�� , 198�, before me
' a Notary Public within and for said County, personal ly appeared
� S�n��C�n �. (�-�°hr� .v� 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.
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