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HomeMy WebLinkAboutREsolution 2309 .. , .r .. " � • . o, • . __.__. . ______.�__.� . ��._ � ... _ . � _ . . .. .._'.. . - �- c�t� o� oi�,oNo � RESOLUTION OF THE CITY COUNCIL � NO. 2309 '� ' • - • • A R$SOI�IITIOId GRANTING A VARIANCE TO ' MUNIC%PAIo ZONING COI9E . SECTION 10.23, SDBDIVISION 6 (B) FILE #1220 WHER$AS, Robert Koehnen (hereinafter "the applicant") is the owner of the property located at 537 Hanlon Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 4, 5, and 6, Block 14, Minnetonka Bluffs, 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 an addition to the existing residence located 22.1' from the front lot line where a 50 ' front setback is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, • Minnesota: . FINDIPIGS 1. This application was reviewed as Zoning File #1220. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on November 16, 1987, and recommended approval of the proposed variance based upon the following findings: A) No location abutting the house is allowable for constructing an addition without a variance. B) The proposed addition continues the front and rear lines of the existing house. C) The nature of the proposed addition is not out of character with the surrounding neighborhood. D) The addition will result in no additional encroachment on light, air or open space in the neighborhood and will have no effect on neighboring properties. • 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. Paa� t c�f 3 ' ' . i ' . -_� . _..._ -- . ------_____._ clt� o� oR,oNo • R�SOLUTION OF THE CITY COUNCIL � NO. 2309 � ' • � • • 5. e C,ity 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 aYleviate 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. COPICLDSIONS, ORDEIt AND CONDYTIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of an addition to the existing residence, such addition to be located 22.1' from the front lot line where a 50' front setback is normally required, 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 wil 1 expire on that date (ATovember 23, 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 shal 1 be punishable as a misdemeanor. 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 23rd day of November, 1987. ATTE . . �� � �Do thy M. llin, City Clerk Jame R. Gra r . � ���.�..-t- � � �-e�� Property Owner(s) Page 2 of 3 _ . � � • • i . . . . , . Cit� o� ORONO � • RESOLUTION OF THE CITY COUNCIL � NO. 2309 � ' • - • • STATE OF MINNESOTA ) ) ss. , COUNTY OF HENNEPIN ) On t h i s ���' d a y o f /v 0 l�-PJl'1� !�-2.� , 19 8 ( before me a Notary Public within and for said county, personally appe a r ed 1�o b�,r-�- a-- YYl �C�.G.�2� ���b.�l��S�Qr� d � '1.�►�'2 known to me to be the person(s) escribed n and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. . �G(�' • THERESA L. NAAe NOTARY PUBLIC 1�iOTARY PUBLIC - MINNESOTA �,�y E�nmEss oN exA�asNs-TeY-s2 9-�-�a ' 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 � Page 3 of 3