HomeMy WebLinkAboutResolution 2060 �.
� � Ci.ty o� ORONO
�
• � RESOLUTION OF THE CITY COUNCI L
� NO. 2060 ,
• - • •
A RESOLOTION GRANTING
A VARIANCE TO �
MIINICIPAL ZONING CODE
SECTION 10.23, SQBDIVISION 6 (B)
FILE #1067
WH$REAS, Herbert T. Olson (hereinafter "the applicant") is
the owner of the property located at 3640 Bayside Road within the City
of Orono (hereinafter "City") and legally described as follows:
Lot 1, Block 1, Riedel's Stubbs Bay Addition, Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to
permit the construction of a room addition to be located 19.9 feet
from the side lot line where a 30' side yard setback is normally
required.
. NOW, TH$REFORE, B$ IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1067.
2. The property is located in the LR-lA Single Family Lakeshore
Residential Zoning District. �
, 3. The Orono Planning Commission reviewed this application on
September 15, 1986, and recommended approval of the proposed
variance based upon the fol lowing findings:
A) Location of the proposed addition to the west side of
• . the existing house is a result of hardships to other .
locations due to steep slopes, existing trees, drainage,
location of the well, and the existing room layout in the
house. '
B) The house was constructed prior to the recent "Riedel's
� Stubbs Bay Addition" subdivision which did not anticipate a
westward expansion of this house, and which created the lot
line just west of the house to maintain a 2 acre lot size in
the westerly lot.
• 4. The proposed addition wi11 not in any way limit the
development of the adjacent Lot 2, Block 1 Riedel's Stubbs Bay
Addition.
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� Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCI L
� NO. 2060
• - • •
5. The City Council has co�sidered 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.
6. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply general ly 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 demonstrable hardship or difficulty; is
necessary to preserve a subs�antial 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, ORD$R AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.23,
Subdivision 6 (B) to permit the construction of a room addition to be
located 19.9 feet from the side lot line where a 30 foot side yard
setback is normally, subject to the following conditions:
l. The applicant is advised that the currently proposed room
addition may not be constructed or modified to be higher than the
peak height of the roof of the existing house, without an
additional variance review.
. 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 w�1i expire on
that date (October 13, 1987). '
3. Violation of or non-compliance with any of the terms and
� conditions of this variance shal 1 constitute a violation of the
zoning code, shall automatically terminate any authority granted
herein, and shall 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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, � C�t� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2060
• - • •
Adopted by the Orono City Council on this 13th day of
October, 1986.
AT ST: �
�
.----- •
othy M. llin, City Clerk Mary C. utler, Mayor
�--- i _ �(- - I�� a .
Property Owner(s)
•� � .
•
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� � Clt� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2060
� - • •
STATE OF MINNESOTA ) .
) ss.
COUNTY OF HENNEPIN ) ' •
On this ���� day of /"�v��-� , 1986
before me a Notary Public within and for said county, personally
appeared m r5 /�• T ��S o-r�� 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.
, ��
TH�R�8A L. NAAB NOTAR PUBLIC
NOTARY PUBUC-MINNE30TA
HENNEPIN COUNTY .
�b oonrnNNon�cpkas 9-e-s2
� �-�- 9a
MY COMMISSION EXPIRES
STATE OF MINNESOTA ) ry
. )ss. -
COUNTY OF HENNEPIN )
On this / ` day of , 1986, before me
a Notar Pu lic wit +n and for said County, personally appeared
T ��� 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.
�
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MY COMMISSION EXPIRES
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