HomeMy WebLinkAboutResolution 2697 .i . • '.i'
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Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL �
• NO. 2697
• � • •
A RESOLIITION GRANTING
A VARIANC$ TO
MUNICIPAL ZONING CODE
SECTION 10.03, SDBDIVISION 9 (D)
FILS #1443
WH$REAS, John C. Skoglund (hereinafter "the applicant")
is the owner of the property located at 1840 Fox Street within
the City of Orono (hereinafter "City") and legally described as
Lot l , Block l , Hi-Acres Tw.o, Hennepin County, Minnesota
(hereinafter "the property") ; and
WH$R$AS, the app 1 i cant has app 1 ied to the City f or a
variance to Municipal Zoning Code Section 10.03, Subdivision 9
(D) to permit the construction of a pool and pool house located
approximately 35' in front of the principal residence. The front
lot line of the property runs along the south lot line adjacent
to Fox Street.
NOW, THEREFORE, BE IT RESOLV$D by the City Counci 1 of
• Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1443.
2. The property is located in the RR-1B Single Family
Rural Residential Zoning District requiring 2 acres in area.
The property consists of 2+ acres.
3. The Orono Planning Commission reviewed this application
on September 6, 1989, and re.commended approval of the
proposed variance based upon the following findings:
A) Access to the house is from the west. House was
designed as the west line as the front lot line.
B) Basic house and terrace decks were all located with
City approval of alignment and setbacks in 1983. The
pool is basically being reconstructed approximately in
the same location as the original one approved by the
City.
C) To move the pool house to the west or the front of
the house would hinder the views from the front view
windows and detract from the character of the home.
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D) The house is we11 screened from Fox Street on the
south and to the east.
E) The higher elevations to the east and the heavy
plantings to the east lessen the impact of the
structure placed in the front yard.
F) The location of the septic system to the north and
west and the required 20' setback .separation from
drainfield places limitations on the total realignment
of the pool and pool house behind the 120' front
setback line of the existing principal structure.
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 al leviate
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.
CONCLDSIONS, ORDSR 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 10.03, Subdivision 9 (D) to permit the construction
of a pool and pool house to be placed approximately 35' in front
of the front line of the existing residence that fronts on Fox
Street, subject to the following conditions:
1. A 10' separation must be maintained between proposed
• pool house and swimming pool.
2. Applicant to amend landscaping plan by Dundee Nursery
and Landscape Company dated June 10 , 1989 to include
additional plantings to the south of the pool house in order -
to lessen impact of two-story structure.
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� RESOLUTION OF THE CITY COUNCIL
• NO. 2697
• • • •
3. horities granted by this resolution 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 (September 11, 1990).
4. Violation of or non-compliance with any of the terms and �
conditions of this variance shall constitute a violation of
the zoning code, shal 1 automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor. �
5. 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 City Council of the City of Orono,
Minnesota at a regular meeting held on the llth day of September,
1989.
• ATT ST:
�� r '
Dorothy . Hallin, City C rk Jame R. Grabek, Nrayor
� �U�cc�,c9 0 � �►ccszl�.�('�
Pr e ty Owner s)
STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this llth day of September, 1989, 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.
o Public
�`+� LA . SCHEFFLER
• i. �, NOiARY PUBLIC-MINNESOTA
E�.::-r'°� �:K UNTY
My Commi s s i on E �� ' My comm�uro��xa�n=
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� RESOLUTION OF THE CITY COUNCIL
• NO. 2697
• - • •
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this / T day of �(�'"�'�,���!_ _, 198�
before m No ar Public y� thin and f r said county, personally
appeared � ;�Q('�(„���p��i�,��-�..UND 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
LAURIE K. SCHEFFLER
-;s NOTARY DUBLIC—MINNESOTA
_,; HENNEPIN_COUNTY
>.:�s�, My commission axpires6•8-93
MY COMMISSIO 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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