HomeMy WebLinkAboutResolution 2666 y
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Clty o� ORONO �
� RESOLUTION OF THE CITY COUNCI L
� NO. 2666
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� � � A RESOLIITION GRANTING
A VARIANC$ TO ;'���
MUNICIPAL ZONING CODE ��`°�
SECTION 10.28, SUBDIVISION 5 (B)
FILE #1416 '
WHER$AS, Jeffrey Eccles (hereinafter "the applicant") _
is the owner of the property located at 3025 Sixth Avenue North
within the . City of Orono (hereinafter "City") and legally
described as follows:
Exhibit A, attached (hereinafter "the property"); and .
WHEREAS, the applicant has applied to the City for a �
variance to Municipal Zoning Code Section 10.28, Subdivision 5 �
(B) to permit the construction of an attached garage to be :�r:�-
located 15.2' from the side lot line where a 30' side yard set- '�?"�'
back is normally required. -
NOW, THEREFORB, BE IT RESOLVED by the City Council of �
Orono, Minnesota: �
• FINDINGS
1. This application was reviewed as Zoning File #1416. �
2. The property is located in the RR-1B Single Family
Rural Residential Zoning -District.
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3. The Orono Planning Commission reviewed this application
on July 17, 1989, and recommended approval of the proposed �.
variance based upon the following findings:
A) There will be minimal visual impact on the � .
neighborhood.
B) No additional run-off wi11 be directed to the �
neighboring property.
C) The affected neighbor has expressed he has no -
objection to the proposal.
D) The new garage will be located in the location of '��*
the existing garage and driveway. '�`�
E) Other locations for the garage would conf lict with
• well or septic system, or would not be appropriate
given traffic pattern of rooms in the house.
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'�$� ��"`� �� RESOLUTION OF THE CITY COUNCIL
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�" 3�. >���w NO. 2666 "
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� F) Applicant has revised proposal to reduce the size `
of the garage to minimize the setback variance :
required. .
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.
CONCLOSIOIdS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants a variance to the Municipal
Zoning . Code Section 10.28, Subdivision 5 (B) to permit the �
construction of an attached garage located 15.2' from the side .
lot line where a 30' side yard setback is normally required, .
subject to the following conditions: .
� . 1. Authorities 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 (July 24, 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. <;
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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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�: : A c�t o� oR,oNo .
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• RESOLUTION OF THE CITY COUNCIL
` �
� NO. 2666
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Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 24th day of July,
1989.
ATTE T:
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o�othy M. llin, City Clerk Edward Callaha , cting Mayor
�C�L��- ,
Pro wn (s)
STATE OF MINNESOTA ) �
) ss.
• COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 24th day of July, 1989, by Edward Callahan & Dorothy M.
� Hallin, Acting Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed
on behalf of the City. "
G �
Notary Public
?NERE3A 4 NAAB ���-9a
�� P�� COUNTYTA
H�pN�EPI�N�� My Commission Expires
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. Cit� o� ORONO
• - � - • � --- - - - -��- - --- - -�- - � - - � � • -RESOLUTION OF��'WE CITY COUNCI L� ' � rt �
�� NO. 2666
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this � day of �� , 198q
before me a Not ry Public it 'n and for said county, personally
appeared �• G known to me to be
the person(s) escribed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
• ARY PUB
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��� �� LAURIE K. C EFFLER
;�F= a + NOTARY f�UBLIC—MINNESOTA
..��'r^.:I-
""�'="�'c HENNEPIN COUNTY
�,��;��,..;,
q;j,.k,�vsi My commission expires6-8-93
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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EXHIBIT A RESOLUTION N0. 2666
LEGA L DESGRI PTION g
'tl�ac part of the yorLliwest l2uarter of Che Suuthwest (luarter uE Sectioi� (?.8) ,
� Tuwnship ( 118) North', Range (23) � WeSt of tlie CiEtli (Sth) Principal P1erLdian
described as "Eollows: Commencitt� .�t Che �Southeast corner oE tl�e Nor.thw�est
Quarter oC Southwest Quarter oL Sei:,tinn (28) , Townshi.p (l lf�) , ttau�;e (27) ; thence
lJest nn Clie Soutl� .Li.ne of suid Nurthwc4t Quartcr oE SouChwc�st Quar.ter dis`tant
187.7 feet; thence North and par�111e1 wi[h tt�e East line c�t said Nor.ChveS[
Quarter of SuuthaeGt Quarter distant �457..7 Eeet to tlie center line of County
� Road No. Six (G) ; Ctience Northeasterly on saiJ center li��, �list�nC 188.8 Leet
to ttie e�sC Llne of' si:icl Nortliwest QuarCer ot Soutfiwest (�uarter tlie�icc SouCli
on snid L'ast line distcu�t G76. 1 feeC to the place of be�lnning.
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