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HomeMy WebLinkAboutResolution 2274 .� � 5 �r� � -� cit� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL � NO. 2274 � � � � A RESOLDTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SDBDIVISION 9 (D) FILE #1193 �1H�REAS, Thomas P. Huber (hereinafter "the applicant") is the owner of the property located at 2615 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: See Legal Attached as Exhibit A WHEREAS, 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 pool , gazebo and pump storage shed located within the front/street yard in front of the front line .of the principal residence. NOW, TH$ItEFORE, BE IT RSSOLVED by the City Council of Orono, Minnesota: . , FINDINGS • l. This application was reviewed as Zoning File #1193. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning �Commission reviewed this application on September 21, 1987, and recommended approval of the proposed variance � based upon the following findings: A) The rear yard to the south of principal residence W�i1 on • occasion retain water within 60 feet of the house. B) The interior layout of the house would suggest that the Shadywood Road or front/street side of the house is designed to . be the back or rear yard. C) Natural screening along the street lot line and the 20 feet higher elevations of the front yard provide a visual buffer for� proposed improvements. D ) The City has not received any negative comments from neighboring property owners regarding this application. 4. The City Council has considered this appYication 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 � � R�SOLUTION OF THE CITY COUNCIL � NO. 2274 • . • - • • 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. CONCLIISIONSo ORDER AND CONDITIOYdS 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 pool , gazebo and pump storage shed within .the front/street yard in front of the front line of the principal residence, subject to the following conditions: • l. The applicant must apply for the legal combination of the two separate tax parcels that make up the property prior to applying for a building permit for the new construction. 2. Authorities granted with this resolution run with the property not with the applicants, but ar�e 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 (October 12, 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, shalY 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 12th day of October, 1987. � ATTEST: • � � orothy . Ha11in, City Clerk Jame R. Gra or , 1,1�1�1� • (� . ��`��/1� Property Owner s Page 2 of 3 � � � cit� o� oR,oNo � �� RESOLUTION OF THE CITY COUNCIL � NO. 2274 ' • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � On this 16th day of October � 198 7 before me a Notary Public within and for said county, personally appeared Thomas P. & Nancv A. Huber, Husband and Wife 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. �-�%��� . . , ��N�q�"�T� • NOT R PUBLIC , �EMN COUN� � �M M�'�"0`�`� � 9/8/92 MY COMMISSION EXPIRES STATE OF MINNESOTA ) ' )ss. ' COUNTY OF HENNEPIN ) On thi s day of , 19 8 , bef ore 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. c � � NOTARY PUBLIC MY COMMISSION EXPIRES � ' Page 3 of 3 � EXHIBIT A • RESOLUTION N0. 2274 " . . .Lot 4 and that part of Lot 3, 'Pheasant Lawn, described as �follows : Commencing at the . Northwesterly corner of said Lot ; thence East- � erly along the �Northerly li�e of sai�d lot a � distance of 51 .65 feet ; thence Southerly to a � � � point on the Southerly line of said lot dist- . � : ant 50 feet from the Southwesterly corner; � thence Westerly along the Southerly, line of � �sa i d 1 ot 50�feet ; thence PJ�r�Lt��r�y a 1 ong the Westerly line of said lot to tiie point of be- �. ginning, � , � � � � � , ' � . . � . . �' • . � � .�.