HomeMy WebLinkAboutResolution 2447 �
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• `-���� RESOLUTION OF THE CITY COUNCIL
e.�'�� 2447
`�:'���;:: � NO.
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':.�.. � � A R$SOI�IITION GRANTING
A VARIANC$ TO
� Mi1NICIPAL ZONING CODB
SI3CTION 10.27, SOBDIVISION 5 (B)
FILE #1287
61H$REAS, James F. Brooks (hereinafter "the applicant") is the
owner of the property located at 3785 Watertown Road within the City of
Orono (hereinafter "City") and legally described as follows:
Exhibit A (attached) ;
(hereinafter "the property" ) : and
WHERSAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the
construction of a room extension to the existing residence, which will be
located 38' from the side lot line where a side yard setback of 50' is
normally required.
NOW, THER$FOR$, B$ IT RESOLV$D by the City Council of Orono,
innesota:
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FINAINGS
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1. This application was reviewed as Zoning File #1287.
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� 2. The property is located in the RR-lA Single Family Rural
' Residential Zoning District.
3. The Orona Planning Commission reviewed this application on June
: 6, 1988, and recommended approval of the proposed variance based upon
, the following findings: .
� A) 'The existing lot is only 110' in width. The 50' side setback
requirements of the RR-lA zoning district would leave only a 10'
wide building envelope for this property. The existing house was
constructed prior to the adoption of the 50' side setback
' requirements. The existing house extends to within 14' of the
< side lot line.
' B) The proposed room expansion of 4' by 11' will be located 38'
from the side lot line. The proposed addition is centered on the
. rear of the house, and will have no impact on neighboring
• properties.
j 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.
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;�:� RESOLUTION OF THE CITY COUNCIL
?, � NO. 2447
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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 al leviate 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, ORDB1t AND CONDITIONS
Based upon one or more of the f indings noted above, the Orono
City Council hereby grants a variance per Municipal Zoning Code Section
10.27, Subdivision 5 (B) to permit the construction of a 4' by 11' room
extension located 38' from the east side lot line where a 50' side yard
setback is normally required, subject to the following conditions:
• l. 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 (June 13,
: ; 1989 ) .
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� � 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 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.
Adopted by the Orono City Council on this 13th day of June, 1988.
� ATT ST:
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, c�, �
i orothy . Hallin; City erk James R. Gra , Mayor
� Edward J. G lahan, Jr. , Acting Mayor
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� Prop ty. Owner(s)
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Cit� of ORONO
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a RESOLUTION OF THE CITY COUNCiL
� NO. 2447
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
�� 19 8l�
On this � day of .
before me a I�p��a�s b ' c wi Sin and or said county, personal ly .
appeared J �
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
NOT RE PUBI C`�M NNE OTA
NENNEPIN COUNTY ��^ f�/I
� My ocmmission expiros 9-8-92 U/ C/ `
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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� EXHIBIT A
��I: RESOLUTION NO. 2447
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LEGAL DESCRIPTION •
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. That �part of the Southwest
quarter of� the Southwest quarter of Section 32 , Tow�iship 118 �
North, Range 23 West of the 5th� Principal Meridian aescribed as
: follows : Beginning at the�•Southeast corner of said � �quthwest
; quarter of� the Southwest quarter; thence no�th alon� the East
� :. line of said. Southwest quarter� of the Southwest qua�^ter a dis-
. tance of �1197.83 feet to the centerl ine of Watertowrj�t.Road (for-
merly County Road.�45 ).; thence northwesterly � along said center-
� 1 i ne of� 4Jatertoarn Rcad a d i stance of 118.8 feet ; th�.r'�ce south .
'. and paral lel to :�he East 1 ine of said Southw�st qua..r.ter of the�
.� Southwest quarter a . distance of 1242.93 feet more or � l�ss to
:the� �South line of� said Section 32 ; thence east along �tli� South
� . 1ine� of said Secti.on 32 , a distance of 109. 1 feet tQ �the point
. of beg i nn i ng, - • � • � �
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