HomeMy WebLinkAboutResolution 2177 � ,
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� k� cl� o� oR,oNo
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• RESOLUTION OF THE CITY COUNCIL
�� NO. 2177
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A RESOLDTION GRANTING
VARIANCES TO
MIINICIPAL ZONING CODE
SECTION 10.27, SOBDIVISION 5 (B)
FILE #1137
WHER$AS, Desyl Peterson and Marc Fritzler (hereinafter "the
applicants") are the owners of the property located at 4385 Chippewa Lane
within the City of Orono (hereinafter "City") and legally described as
follows:
That part of Section 31, Township 118, Range 23, Hennepin County,
Minnesota described as follows: Beginning at a point 1 rod south of
the northwest corner of the South 1/2 of the Northwest 1/4 of the
Southeast 1/4 of Section 31, Township 118, Range 23; the'nce East 431.7
feet; thence South 567.00 feet; thence West 431.7 feet; thence North
on quarter line to the point of beginning. Except the East 10.00 feet
thereof. Subject to easements of record, (hereinafter "the
property") ; and
• WH$R$AS, the applicant has applied to the City for variances to
Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the
construction of a partial second story addition over a portion of the
existing structure located 40' 2" from the front/street lot line, a porch
addition located 75 feet and a garage addition 65 feet from the same
front/street lot line. The required front/street setback is 100 feet for
the current zoning district. .
NOW, THER$FORE, B$ IT R$SOLVED by the City Council of Orono,
Minnesota:
, . FINDINGS
� 1. This application was reviewed as Zoning File #1137.
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 variances based
upon the following findings:
A) The house was constructed on the property prior to current
zoning standards.
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Ci.t o� ORONO
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• RESOLUTION OF THE CITY COUNCiL
� NO. 2177
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� � � � The property satisfies the lot area and lot width standards
the current zoning district as follows:
l. Required Area = 5.0 Acres
Existing Area = 5.5 Acres
� 2. Required Width = 300 Feet
Existing Width = 421 Feet -
4. The City Council has considered this appl.ication including the
findings and recommendations of the Planning Commission, reports by
City staff, comments by the applicant and the effect of the proposed
variances 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 variances 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 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 upcl the above findings, the Orono City Council hereby
grants setback variances to Municipal Zoning Code Section 10.27 ,
Subdivision 5 (B) to permit the construction of a partial second story,
porch and garage additions to the existing residence, subject to the
following conditions:
1. Drainfield line at southeast corner of house to be located and
protected if new slab foundation for porch is constructed.
2. Authorities granted with this resolution 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 these variances 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� o� oR,oNo
• RESOLUTION OF THE CITY COUNCI L
� NO. 2177
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Adopted by the Orono City Council on this llth day of May, 1987.
ATT T:
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ai
D othy . Ha11in, City Clerk Jame R. Grabe , ayor
�, �
Pr perty Owner( )
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clt� o� oR,oNo
• RESOLUTION OF THE CITY COUNCI L
� NO. 2177
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �-3 � day of / / / _, 198?
before me a N tary Publi within and for aid county, personally
appeared �Q���/ L. �2,�2rS'8�r� known to me to be
the person(s) d scribed 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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i��M��E' NMB NOT RY PUBLIC
�PIN COUNTYT�
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MY COMMISSION EXPIRES
STATE OF MINNESOTA ) � .
)ss.
COUNTY OF HENNEPIN )
On thi s 7 —� day of i �/ , 19 8/, bef ore me
a Notary Pu 1ic within and for said nty, personally appeared
- �: /'y� ,� �j���Z���' 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
TH£lIESA L NAAB
Iai'AAY►tJBLiC+MINNESOTA
HENNEPIN COUNTY
. �oOflMnbdo�l�xWroa 9�8-92 /�T�(�,9a .
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' MY COMMISSION EXPIRES
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