HomeMy WebLinkAboutResolution 2545City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2545
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.55, SUBDIVISION 8
FILE #1329
WHEREAS, Thomas McNellis (hereinafter "the applicant") is the
owner of the property located at 355 Woodhill Road within the City of
Orono (hereinafter "City") and legally described as follows:
Lot 3, Block 1 Woodhill Ridge, Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.55, Subdivision 8 to permit the
construction of a cantilevered deck which would encroach 4' into the
required 26' setback from a wetland easement, and for a front yard setback
�e•ariance to allow a 37' front yard setback where a 50' setback is normally
quired.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1329.
2. The property is located it the RR -1B Single Family Rural
Residential Zoning District._
3. The Orono Planning Commission reviewed this application on October
17, 1988, and recommended on a vote of 4 to 3 to deny the proposed
variances based upon finding no adequate hardships to justify
granting of the variances.
4. The application was reviewed by the City Council on November 14,
1988, at which time the applicant agreed to proceed with a lot line
rearrangement with the property to the east, thereby eliminating the
necessity of the proposed front yard setback variance.
5. On November 14, 1988, the City Council voted 3 to 0 to grant
approval of the proposed 4' cantilevered encroachment into the 26'
wetland easement setback, finding that the actual wetland boundary in
• this specific case is not coincident with the easement line, and the
actual setback from the proposed deck to the boundary of the wetland
is approximately 321, which meets the intent of the wetland ordinance.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2545
Furthermore, the Council voted in the same motion to allow staf f to
issue a building permit to applicant prior to completion of the lot
line rearrangement subdivision, but only after the proper application,
submittals, and fees, for that application have been submitted.
6. 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.
7. 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 the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.55, Subdivision 8
t , permit the construction of a cantilevered deck that will encroach 4'
into the 26' wetland easement setback zone, subject to the following
conditions:
1. No front yard setback variance is granted, however, the applicant
will be allowed to construct the residence at his proposed location
subject to completion of a subdivision of a lot line rearrangement,
for the purpose of acquiring additional land so that the new lot line
will allow for the required 50' front setback.
2. Applicant will be issued a building permit only after the complete
subdivision application and fees have been submitted to the City.
3. Applicant shall install and maintain appropriate erosion control
measures as may be required by the City inspector, during the
construction period.
• 4. 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 (November
28, 1989).
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2545
5. 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.
6. 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 28th day of November,
198 .
AT ST:
o othy alli , City Clerk
Prope ty ouhfer(s)
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City of ORONO
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
RESOLUTION OF THE CITY COUNCIL
NO.
2545
On this LIT a day of I-,%8 • 198's
before me a Notary Public w t }n 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.
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of �2C evn%2.1� , 198 U, before me
a Notary Public within and for said County, personally appeared
,Db'Q-A1a2 rVln_Il il,s known to me to be the
persons) 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
,��L•T�
�HgNN�p1Ncou
MY COMMISSION EXPIRES
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LAURIE K. SCREFFLER
NOTARY PUBLIC - MINN[SOYA
HENNEPIN COUNTY
commission ®xpiros6•8•99
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of �2C evn%2.1� , 198 U, before me
a Notary Public within and for said County, personally appeared
,Db'Q-A1a2 rVln_Il il,s known to me to be the
persons) 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
,��L•T�
�HgNN�p1Ncou
MY COMMISSION EXPIRES
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