HomeMy WebLinkAboutResolution 2265 •y
Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� . NO. 2265
�
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A RESOY.IITION GRAI�TTING
A VARIANCB TO
MOIdICIPAL ZONING CODE
, SECTION 10.03, SIIBDIVYSION 9 (D)
� . . . AND SECTIId 10�.03, SIIBDIVISION 15 (C)
� • FILE #1189
WH$REAS, James B. Morton (hereinafter "the applicant") is the
owner of the property located at 20 Wear Lane within the City of Orono
(h�ereinafter "City") and � legally described as Lot l, Block l, Rolling
Nieadows, �Hennepin County,� Minnesota (hereinafter "the property") ; and
WHEREAS, the applicant has applied to the City for a variance to
� Municipal Zoning Code Section 10.03, Subdivision 9 (D) and Section 10.03,
Subdivision 15 (C) to permit the construction of an in-ground pool Yocated
3 0 f eet in f ront of the f ront 1 ine of the house.
NOW, THEREFORE, BE IT R$SOLVED by the City Council of Orono,
Minnesota:
• Y?INDINGS
4 .. l. �� This application was reviewed as Zoning File #1189.
2. The property is located in the .RR-1B Single Family Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
September 8, 1987, and recommended approval of tlie proposed variance
based upon the following findings:
a) The lot is a corner lot and has two street setbacks to
conform to instead of one.
b) There are no windows on the east side of the house that would
allow interior view of a pool that would conform to Ordinance.
c) The interior layout of the house is designed for locating the
pool to the west and not the north.
. . ::. � d) ' The .proposed pool location would not disturb the drainfield
or alternate drainfield sites.
e) The City of Orono has not received any negative comments
concerning this matter.
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• RESOLUTION OF THE CITY COUNCIL
� NO. 2265
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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 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.
COY�TCLIISIONS, ORDffit �il�iD COIdDITIONS
• 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) and Section 10.03, Subdivision 15 (C) to permit
the construction of an in-ground pool 30' in front of the front line of the
house.
1. 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 W�1 i expire on that date (September
28, 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 undersignecl 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 28th day of September,
1:9 8 .
AT E T:
• D othy Hallil , City Clerk Jam s R. Gra " , ayor .
o� ����
Property O er(s) �
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;T' ' .
C�t� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
Q� NO. 2265
� �
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STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN ) ,
� ..
On this ��� day of �.�g.�ar , 198�
before me a otary Public with,,}'_n an� said county► personally
appeared � �"1
. . known to. me to be the erson(s) described in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
��`' N��TA
���� NOTARY PUBLIC
� l �-�a
MY COMMISSION EXPIRES
� STATE OF MINNESOTA )
)ss. -
COUNTY OF HENNEPIN )
On this p?/'�� day of , 1987, before me
a Notary Public within and for said County, personally appeared
� rytp s , Qr�� 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
� { NoT���'��
? HENNEPIN COUNTY
' . � My commissiw� mapirw 9-8-92 � �
' � � MY COMMISSION XPIRES �
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