HomeMy WebLinkAbout#2555-variances-1988 .,.
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_ � �� �; Cit� of ORONO
�
RESOLUTION OF THE CITY COUNCIL
� NO. 2555
s - • • �
A RESOLIITION GRANTING
VARIANCES TO
MIINICIPAL ZONING COD$
SECTION 10.03, SIIBDIVISION 9 (D) ,
AND SSCTION 10.03, SIIBDIVISION 15 (F)
FILE NO. 1337
WH$REAS, Robert Paige (hereinafter "the applicant") is owner of
the property located at 3493 Crystal Place within the City of Orono
(hereinafter "City" ) and legally described as follows:
Lots 9 and 10, Block 2, Navarre Heights, Henne�in 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) to permit the
construction of a detached garage located nearer the front lot line than
the principal building, and a variance to Section 10.03, Subdivision 15 (F)
to al low the garage to be constructed 5' from the side lot line where a 10'
side setback is normally required.
NOW, THBREFORE, BE IT RBSOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning.File #1337.
2. The property is located in the LR-1C Single Family Lakeshore
Residential Zoning District. •
3. The Orono Planning Commission reviewed this application on
November 21, 1988, and recommended approval of the requested variances
based upon the following findings:
A) The proposed garage will replace an existing garage which is
located 3.3' from the side lot line, hence a greater setback than
now exists will be obtained.
B) The side setback variance is justified based on the location
of the existing driveway and app licant's desire to not move that
driveway and disrupt additional lawn area.
C) Placement of the garage behind the extended west line of the
house in order to avoid a variance would necessitate the removal
of a number of mature trees and would eliminate the current rear
yard area enjoyed by applicant.
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_��.�� Cit� of ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 2555
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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
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 ap� ly 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.
CONCLDSIONS, ORDB,R AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.03, Subdivision 9
(D) to permit the detached garage to be located nearer the west lot line
than the extended front line of the existing house, and grants a variance
to Section 10.03, Subdivision 15 (F) to allow a side yard setback for the
detached garage of 5', subject to the following conditions:
1. Minimum street setback from the garage doors to the lot line
abutting Navarre Lane shall be 30'. -
2. Authorities granted by this variance run with the property not
with the applicant, 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 (December
12, 1989 ).
3 . Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of the zoning
code, shall automatically terminate any authority granted herein, and
shal 1 be punishable as a misdemeanor.
4. The undersigned applicant has 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.
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Cit� of ORONO
�.�--.
RESOLUTION OF THE CITY COUNCIL
� NO. 2555
• - • ��
Adopted by the Orono City Counci 1 on this 12th day of December,
1988
ATT T:
othy allin, City Clerk �Jam s R. Grabek, Mayor�
. ��
� O ��� � �CL�,
G��G''''� ��
r�YC� �� �
Property Owner(s )
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: � c�t� o� oR,oNo
RESOLUTION OF THE CITY COUNCIL
� NO. 2555
s - s • �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
O n t h i s ��� �-� d a o f 1JC��E-Yk-�-�-� 19 8 �
Y ►
before ma a Notary Public within ancL,for said county, personally
a p p e a r e d c�c.G r� (� � �-' I`r;{��c-�-. �' l'��i n �
known to me to be the person(s) describ� in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
�� ,
�+EA�a� � NAAs
/�k:�Z��C� ��(�,C
�MHHNE��P N CO N7�'YT� NOTARY PUBLIC
1���sv+�M�'s'a2
�� -�� -�
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
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