HomeMy WebLinkAboutResolution 2583Is UMCity of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2583
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.27, SUBDIVISION 5 (B),
FILE NO. 1369
WHEREAS, Charles Kickhafer (hereinafter "the applicant") is owner
of the property located at 1040 Townline Road within the City of Orono
(hereinafter "City") and legally described as follows:
The North 6 acres of the South 12 acres of the West 1,171.5' of the
Northwest quarter of the Southwest quarter of Section 30-118-23,
Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, 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 garage addition to the north side of the existing
• residence to be located 70' from the front street setback line instead of
meeting the required setback of 1001. The addition will encroach no closer
than the existing principal structure on the property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1369.
2. The property is located in the RR-lA Single Family Rural
Residential Zoning District requiring a minimum of 5 acres. The
property consists of 6 acres. The RR-lA zoning district requires 300'
of width. The subject property consists of 223' of width.
3. The Orono Planning Commission reviewed this application on
February 21, 1989, and recommended unanimous approval of the proposed
variance based upon the following findings:
A) The existing residence does not have a garage.
B) The house was placed on the property prior to RR-lA, 5 acre
zoning standards.
. C) The steep topography to the immediate rear of the house would
require excessive filling to provide access to the garage
addition.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2583
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
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.
• CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono
City Council hereby grants a variance to Municipal Zoning Code Section
10.27, Subdivision 5 (B) to permit the construction of a garage addition on
the north side of the existing residence requiring a 30' front street
setback variance and resulting in no further encroachment within the
substandard front street setback of the existing principal structure,
subject to the following conditions:
1. 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 (February
27, 1990).
2. 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
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.
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City of OR ONO
RESOLUTION OF THE CITY COUNCIL
Inv NO. 2583
Adopted by the City Council of the City of Orono, Minnesota at a
regular meeting held the 27th day of February, 1989.
ATTVST:
r r r
othy. Hallin, City Cler
Property Owners)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The forgoing 'Qv
was acknowledged before me on this
j -gj day of x/2Ln
11 � , 19R, by James R. Grabek &
Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the
City. . 4 n
ry
My
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LAURIIr/i+Y. SCHEMER
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My commission expires 6.8-93
s s i o n-Exuires
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2583
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this J�day of X11%1 � , 1981
before meA NotarPublic within and f said county, personally
appeared LWL(!� k1CW4A 6
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.
LAURIE K. SCH' EFFLER
:.
• !?+ + e-�,i?s NOTARY PUBLIC —MINNESOTA
HENNEPIN COUNTY
My commission expires 6.8.93
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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