HomeMy WebLinkAboutResolution 2435 f, +�
d Cit� o� ORONO
,• RESOLUTION OF THE CITY COUNCIL
�
� _. NO. 2435
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A •R$SOLDTION GRANTING
P, VARIANCE TO
MUNICIPAL ZONING CODB
SECTION 10.28, SIIBDIVISION 5 (B)
FII,T #1274
WH$R$AS, David Nelson (hereinafter "the app licant") is the owner
of the property located at 740 South Willow Drive within the City of Orono
(hereinafter "City") and legally described as follows:
Lot 11, Block 1, Webber Hills, Hennepin County, Minnesota (hereinafter
"the property"); and
WH$RBAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the
construction of an attached two stall garage to be located 21' from the
side lot line where a 30' side lot line setback is normally required.
NOW, TH$R$FOR$, B� IT R$SOLVED by the City Council of Orono,
•Minnesota:
' FINDINGS
1. This application was reviewed as Zoning File #1274.
2. The property is located in the RR-1B Single Family Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on May 16,
1988, and recommended approval of the proposed variance based upon the
following findings:
a. The proposed location of the new garage is appropriate for
the .fol lowing reasons:
1. The existing well is located directly behind the
existing carport, hence expansion to the rear corner of the
house is not practical.
2. Attach.ing the garage in place of the carport would
� still, require a side setback variance and would place the
. existing main entryway to the house inside the garage. The
� proposal leaves an entry walkway between the garage and the
house, providing a more useable formal entryway. _
; 3. Attaching the garage to the front of the house would
� • conflict with the main living room window system.
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• � RESOLUTION OF THE CITY COUNCIL
� NO. 2435
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4. Attachment to the left side of the house would no't be
feasible due to the location of the existing septic system,
and would require a major revision oP the driveway location
which would encroach into the area needed for replacement of
the septic system.
b. There will be no significant encroachment of light, air, or
open space enjoyed by the neighboring affected property.
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.
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. -
CONCLDSIONS, ORDffit AND CONDITIONS
Based upon one or more of the findings noted above, the Orono
= -- City Council hereby grants a variance per Municipal Zoning Code Section
10.28, Subdivision 5 (B) to permit the construction of an attached two
stall garage located 21' from the side lot line where a setback of 30' from
the side lot line 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 will expire on that date (May 23,
1989) . ,
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 shall 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,
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d c�t� o� oRONo
� �i� RESOLUTION OF THE CITY COUNCIL
� N0. 2435
• � • •
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 23th day of May, 1988.
ATTE' T: -
� r
. v � l .
or �hy M. llin, City Clerk Jame R. Grab , ayor
�
L
Pr, e y Owne s)
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:: - : � City o� ORONO
• - RESOLUTION OF THE CITY COUNCIL
��
� NO. 2435
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
. On this �`� day of �e,� , 198�
_before me a Notary Public within and for sai ounty, personally
appeared p�n�i�� ,i , ``]�o Q�im � �
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.
�
i l`�;' �` N07qR R�BLH KUIPERS NOTARY PUBLIC
� ��e��� HENN�' PdINNESOTA �
• 1'1iV ^UUNTY
i h1y Commission Expires Apr.21,1g92
i '
� � �- ar- 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 Cou ty, personally appeared
�'�'Zs��� �.. "y�Q�� 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. ,
. �
.
ar
DEBRA H. K!!i^F�g NOTARY PUBLIC •
� � ��: N07ARY PUBUC — ':?p;h�SOTA
'��� � HENNEPIN �::i1t;I'dTY _ .
t h1y Commis�ion Exp;re9 ppr.21,1992
. �f-�l-��
� � MY COMMISSION EXPIRES
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