HomeMy WebLinkAboutResolution 2276 � ,_ .
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• RESOLUTION OF THE CITY COUNCIL
� NO. 2276
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� � � A RESOLIITION GRANTYNG
VARIANCES TO
MITNICIPAL ZONING CODE
SRCTION 10.03, SIIBDIVISION 9 (D)
AND S$CTION 10.24, SQBDIVISION 5 (B)
FILE #1198
WH}�R$AS, David William Rahn (hereinafter "the applicant") is the
owner of the property located at 1134 Wildhurst Trail within the City of
Orono (hereinafter "City") and legally described as Lots 24 and 25,
Tonkaview Gardens, Hennepin County, Minnesota. (hereinafter "the property") ;
and '
WHEREAS, the applicant has applied to the City for variances to
Municipal Zoning Code Section 10.03, Subdivision 9 (D) and Section 10.24,
Subdivision 5 (B) to permit the construction of a detached garage 23 feet
in front of the front line of the principal structure and placed 12 feet
from the front/street lot line instead of the required 35 feet.
Ai06d, THLR$FORE, BE IT RESOLVED by the City Council of Orono,
• Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #1198.
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 variances
as amended based upon the following findings:
A) The lot is a corner lot presenting unique placement problems
for accessory structures. The conforming areas on the property
available for construction consist of severe slopes and thick
vegetation.
B) The well is located at the southwest side of the house
preventing construction to the southwest, a
C) The actual paved roadway of Wildhurst Trail is located 35
feet from the front/street setback line resulting in a total
setback of 47 feet for the proposed detached garage.
D) Steep slopes to the north and southwest of the principal
� structure would require major land alterations for garage and
driveway placement.
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� RESOLUTION OF THE CITY COUNCIL
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E) The proposed location of the garage is screened from the
roadway by changes in elevation and dense vegetation.
F) The property does not contain a garage.
G) The total hardcover proposed for this property is at 10.2�
where 30� is allowed.
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
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.
CONCLDSYONS, O1tDER AND COIaDITYONS
Based upon one or more of the findings noted above, the Orono
City Council hereby grants variances per Municipal Zoning Code Section
10.03, Subdivision 9 (D) and Section 10.24, Subdivision 5 (B) to permit the
, construction of a detached garage located 12 feet from the front/street
setback line instead of the required 35 feet and placed 23 feet in front of
the front Iine of the principal structure, subject to the following
. conditions:
' 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 approval wiYY expire on that date
� (October 12, 1988�).
; 2. Violation of or non-compl.iance with any of the terms and
� conditions of this resolution shall constitute a violation of the
� • zoning code, shall automatically terminate any authority granted
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herein, and shall be punishable as a misdemeanor.
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�, RESOLUTION OF THE CITY COUNCIL
; � NO. 2276
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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 12th day of October,
1987. � .
ATTE
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or thy M. H lin, ity Clerk Jam s R. Gra ayor
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Property Owner(s)
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�" � Cit� of ORONO
• - RESOLUTION OF THE CITY COUNCIL
� NO. 2276
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this Jy'�' day of �e�� , 198�
before me a N tary P� blic w'thin 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.
L
�„� • NOTARY PUBLIC
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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, personal ly 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
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