HomeMy WebLinkAboutResolution 2582•
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City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 2582
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B),
FILE NO. 1359
WHEREAS, David J. Lindstrom (hereinafter "the applicant") is
owner of the property located at 1315 Woodhill Avenue within the City of
Orono (hereinafter "City") and legally described as follows:
Lot 1, Auditor's Subdivision #307, Hennepin County, Minnesota and that
part of Lot 13, Auditor's Subdivision #307, Hennepin County, Minnesota
described as beginning at the Northwest corner of said Lot 13, thence
East 251; thence South 157.751; thence West 25' to the Southeast
corner of Lot 1, thence. North to beginning (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit
construction of an addition to the west and southwest of the existing
residence requiring a front street setback variance of 1819" or 38% instead
of meeting the required 50' front street setback. The addition will
encroach no further into the substandard front yard setback area than the
existing structure.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1359.
2. The property is located in the RR -1B Single Family Rural
Residential Zoning District requiring a minimum of 2 acres of dry
buildable area. The property consists of approximately 1.3 acres.
3. The Orono Planning Commission reviewed this application on January
17, 1989 and February 21, 1989, and recommended approval of the
proposed variance based upon the following findings:
A) The existing structure is located 31' from the front street
setback line instead of the required 50'.
B) The location of the well on the south side of the house.
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•RESOLUTION OF THE CITY COUNCIL VI
NO. 2582
C) The drop in elevations along the east side of the existing
residence. C
D) The location of the drainfield within the east side yard.
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
10.28, Subdivision 5 (B) to permit construction of an addition to the
existing residence requiring a front street setback variance of 1819" or
38%, 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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L r.
City of ORONO
• RESOLUTION OF THE CITY COUNCIL
nv NO. 2582
Adopted by the City Council of the City of Orono, Minnesota at a
regular meeting held the 27th day of February, 1989.
Property Ow er(s)
STATE OF MINNESOTA )
•) ss.
COUNTY OF HENNEPIN )
•
James\ R. Grabek, Mayor
The for Ding instrument was acknowledged before me on this
day of ft6aAkv , 19Q_, 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. /1 1 n
Notary P I c LAURIE K. SNEFFLER
NOTARY PUBLIC — MINNESOTA
Y'' ''"-'• HENNEPIN COUNTY
^<y i" My commission expires6-S-93
My Commission Expires
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•
C7
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2582
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this =Zn day of QguzEv , 1981
before me aotary Public within and for said county, personally
N
appeared L
known to me to be the person(V) 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.§G$IEFFLER
NOTARY PUBLIC MINNESOTA
HENNEPIN COUNTY
'My commission expires 6-B-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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