HomeMy WebLinkAboutResolution 3193 �� � '�-^
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�� G'�'F RESOLUTION OF THE CITY COUNCIL
��kESH�g'� NO. 319 3
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- A RESOLDTION GRANTING
A VARIANCE TO MIINICIPAL ZONING COD$
SECTION 10.27, SIIBDIVISION 5 (B) ,
FILS #1772
WH$REAS, James Brooks (hereinafter "the applicant") is
owner of the property located at 3785 Watertown Road within the
City of Orono (hereinafter "City") and legally described as
� follows:
Refer to Exhibit A, attached (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 reconstruction of a three-season porch at the
• southwest corner of the principal structure.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota: �
FINDINGS
1. This application was reviewed as Zoning File #1772.
2. The property is located in the RR-lA, Single Family
Rural Residential Zoning District requiring 5 acres . in
� - area.
3. The Orono Planning Commission reviewed this application
on October 19, 1992 and recommended approval of the
proposed variance based upon the following findings and
hardships:
A. The zoning standards of the RR-lA zoning district
require a 300' width. The subject property
measures 109.1' and is severly restricted by 5
acre setback standards.
B. The zoning district requires a 50' side setback.
The principal structure is located 33' from the
side lot line. The three-season porch extends no
• closer into the substandard side setback yard.
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�� t,'�' RESOLUTION OF THE CITY COUNCIL
L�kESH�4� NO. 319 3
C. The existing building envelope of the three-season
porch W� 1i not be expanded upon but will be
rebuilt within the same building envelope.
4. 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.
• 5. The City Counci� 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 variances on the
health, safety and welfare of the community.
CONCLIISIONS, ORDffit 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
reconstruction of a three-season porch located at the southwest
corner of the existing principal structure, subject to the
following conditions:
1. Drainfield area located to the west and south of the
existing residence must be staked prior to construction
to assure that no traffic will disturb drainfield area.
2. Authorities granted by this variance run with the
property not with the applicant, but are permissive
only and must be exercised by app�ication for a
building permit within one year of the date of Council
approval, or this variance W�ii expire on that date
• (October 26, 1993).
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��� ��'�' RESOLUTION OF THE CITY COUNCIL
�kESH.�g' NO. 319 3
3. 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 sha 11 be
punishable as a misdemeanor.
4. 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 26th day of October,
1992.
• AT ST:
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D othy . allin,� City Clerk Barbara A. Peterson, Mayor
Prope y Owner(s)
STATE OF MINNESOTA )
' ) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 26th day of October 1992, by Barbara A. Peterson & 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.
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CAROLE A. HASEMAN Notary Public
' wor�av weuc-.�,�a�rdesoT� �
l HENNEPIN Cp()(Vly
• Mr co�aMiss�Dcpir�e e.xi.�e
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��L �L'�' RESOLUTION OF THE CITY COUNCIL
�kESHOg' NO. . 319 3
STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN )
On this o��o'�� day of � G•� ��� , 199 2
before me a Notary Public within and for said county, personally
appeared ���n�Ps Qr'oo KS , �'ol�e �W h��' known to me to be
the person(s ) described in and who executed the foregoing
instrument, and acknow ledged that he (they) executed the same as
his (their) free act and deed.
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� � NOT RY PUBLIC
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 199 , 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
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• � EXHIBIT A .
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� That part of the Southwest quarter of the Southwest quarter of Section
32, Township 118 North, Range 23 West of the 5th Principal Meridian
described as follows: Beginning at the Southeast corner of said
Southwest quarter of the Southwest quarter; thence north along the
East line of said Southwest quarter of the Southwest quarter a
distance of 1197.83 feet to the centerline of Watertown Road (formerly
�-�County Road 45) ; thence northwesterly along said centerline of
t�latertown Road a distance of � 118.8 feet; thence south and paral lel to
: the East line of said Southwest quarter of the Southwest quarter a
distance of 1242.93 feet more or less to the South line of said
Section 32; thence east along the South line of said Section 32, a
distance of 109.1 feet to the point of beginning.
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