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HomeMy WebLinkAboutResolution 2240 o .J ' ' • C�. .T: . ., � �� ��� Ci.t� o� ORONO • f . `" `` � RESOLUTION OF THE CITY COUNCIL . y � NO. 2240 � � � A R$SOLDTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SDBDIVISION 9 (D) FILE #1165 WHBR$AS, Steven J. Fay (hereinafter "the applicant") is the owner of the property located a.t 3045 Casco Point Road within the City of Orono (hereinafter "City") and legally described as Lot 57, Spring Park and part of Ivy Place, Hennepin County, Minnesota (hereinafter "the property") ; and WH$REAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit the construction of a detached garage to be located in front of the front line of the existing house and is approximately 62' set back from the front lot line. NOW, THEREFORE, BE IT R$SOLVED by the City Council of Orono, Minnesota: • FINDINGS l. This application was reviewed as Zoning File #1165. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 20, 1987, and, recommended approval of the proposed variance based upon the following findings: A) The proposed garage will provide much needed storage space for equipment now stored in yard. B) The proposed site will have the least amount of impact on the surrounding landscape. C) The proposed garage and existing house and landscape will fall well below the current 30 percent hardcover allowance. 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. 2240 • - • • 5. The City Council finds that the conditions existing on this � property are peculiar to it and do not apply generally to other progerty in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fi.re 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. CONCLDSIONS, ORDER AND CONDITIONS ,r... Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit the construction of a detached garage to be located 10' in front of the existing house and approximately 62' set • back from the front lot line, subject to the following conditions: 1. Applicant is placed on notice that City may not approve a future attachment of the detached garage and principal structure. . 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 will expire on that date (August 10, 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 shall be punishable as a misdemeanor. 4. The undersigned applicant have 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 lOth day of August, • 1987. . ATT T: • ' 0 othy M allin, City Clerk Jam R. r , Mayor . .�^- P p ty Owne� (s) . Page 2 of 3 ' „ _ . . ` . . . � . � .� ; � _ C�lt�� �o��ORONQ . � � RESOLUTION OF THE CITY COUNCIL • N0. 2240 • - • • ' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this o�J�� day of � l�S� , 198� . before me a Notary Public wit in and for s id county, personally appeared � known to me to be the person(s) described in and who executed the � foregoing instrument, and acknowledged that he (they) executed 'f the same as his (their) free act and deed. � ' � THElIESA L. NAAB NO ARY PUBLIC 1aTA11Y rUdL10•MINNE30TA HENNEPIN COUNTY My aomrnlsslOn expires 9-8-92 � � - �-��'a 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, personally appeared 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. � NOTARY PUBLIC • . MY COMMISSION EXPIRES - Page 3 of 3