HomeMy WebLinkAboutResolution 2242 clt o� oR,oNo
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RESOLUTION OF THE CITY COUNCIL
� NO. 2242
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A RRSOLDTION GRANTING
A VARIANCE TO
MIINICIPAL ZONING CODE
SECTION 10.03, SQBDIVISION 9 (D)
FILE #1173
WH$R$AS, David & Tresa Gardella (hereinafter "the applicants")
are the owners of the property located at 1230 Orono Oaks Drive within the
City of Orono (hereinafter "City") and legally described as Lot 5, Block l,
Orono Oaks, Hennepin County, Minnesota (hereinafter "the property") ; and
WHLRBAS, 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. The proposed site for the garage is - located
approximately 80 feet in front of the existing house and set back
approximately 195 feet from the front lot line.
NOW, THERI3FORE, BE IT RESOLVED by the City Council of Orono,
• Minnesota: �
FINDINGS
l. This application was reviewed as Zoning File #1173.
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
20, 1987, and recommended approval of the proposed variance based upon
the following findings:
A) The proposed garage location will have less of an impact on
the property involving minimal amounts of land alterations.
B) The proposed site has natural screening three seasons out of
f our. +
C) The steep topography of the north and west sides of the house
makes these locations unfeasible.
D) The well is located on the east side of the house.
. E) The septic system is located in the backyard.
� .. 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.
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��� Cit� o� ORONO
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• �' ~ RESOLUTION OF THE CITY COUNCIL
� NO. 2242
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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 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.
CONCLIISIONS, ORDER AND CONDITIONS
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
located in front of the front line of the house. The proposed site for the
garage is located approximately 80 feet in front of the front line of the
existing house and set back approximately 195 feet from the front lot line,
• subject to the following conditions:
l. 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 ).
2. 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.
3. 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 ST:
Do othy allin; City Clerk Jam s R. G , ayor
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Prop t Ow s) � '
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RESOLUTION OF THE CITY COUNCiL
r � '. NO. 2242
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
0 n t h i s ���"!� d a y o f '_ �S fi , 19 8�
before me a Notary Pu lic within and for s• id county, personally
appeared �2Sa- ��-rc�����
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.
/�V�
NOTARY PUBLIC
M����M NNAES�OTA
� li�lN�E�IN COUNTY
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� NOTARY PU6UC—MINNESOT/� .
� HENNEPIN COUNTY
• .�' ommisaion ex ires 7-17-91 , .
)SS.
COUNTY OF HENNEPIN )
On this I �' day of �( /alA� _. 198_. before me
a Not ry Publ ' within and for �id County, personally appeared
� --�- � known to me to be the
person(s) e cribed in and who executed the foregoinginstrument,
and ackno edged that he (they) executed the same as his
(their) free act and deed.
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• NO Y PUBI,IC
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