The URL can be used to link to this page

Home My WebLink About#3970-variance-1997 �(, _ • , . � O ' V O O ��b. - C ITY of ORONO � � �� t,'�' RESOLUTION OF THE CITY COUNCIL ��kESH��'� NO. 3 9 "7 O - A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBD. 12 FILE NO. #2297 WHEREAS, Daryl E. Hansen, architect on behalf of Mrs. Robert Keith (hereinafter "the applicant") representing the owner of the property located at 1045 Edgewood Hill Road within the City of Orono (hereinafter "the City") and legally described as follows: Tract D, Registered Land Survey No. 1098 (hereinafter "the property"); and WI�REAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subd. 12 to permit an addition to the existing residence to be located 5.17' from an existing swimming pool where a 10' separation is required and a 5.17' separation exists. A swimming pool is considered an accessory structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 2297. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District requiring 2 acres in area. The property consists of 82,969 s.f. or 1.9 acres. • 3. The Orono Planning Commission reviewed this application on September 15, 1997 and recommended approval of the proposed variance based upon the following findings: , 1. The proposed addition would not increase encroachment by the residence on the swimming pool beyond what is existing. Page 1 of 5 � � � , k � O� O O �,b. - C ITY of ORONO � � �.� �'� RESOLUTION OF THE CITY COUNCIL t9kESH�4� rvo. 3 9 7 p - 4. The City Council finds that the conditions e�cisting on this property are peculiaz to it and do not apply generally to other property in this zoning district; that granting the variances 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby . grants a variance to Municipal Zoning Code Section 10.03, Subdivision 12 to allow the construction of an addition to the existing residence that would continue the 4.83' encroachment into the required 10' separation between a principal and accessory structure as shown on Exhibit A. 1. Authorities granted by this variance run with the property not with the applicants, 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 22, 1998). 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 applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 2 of 5 .� ' . � O ' V O _O �e� - C ITY of ORONO I ,� � ti RESOLUTION OF THE CITY COUNCIL �t9kESH�4�G NO. � 9 "7 � � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 22nd day of September, 1997. ATTEST: ��/ . Dorothy M. lin, City Clerk Gabrie abbour, Mayor Y�� . �� - . � �, P perty Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of September, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � ��'L �� ,a • �� C � 0 �10 Notary Public 2750 Ke� arkwa.y P.O. 66 Crystal6 , 55323 - %�' LINDA S.VEE a`o.�� NOTAAY PUBLIC-MINNESOTA .,,,�.• HENNEP►NCOUNTY M7'�ommission 6rpires Jan.31,200p Page 3 of 5 � o� 0 0 �d - CITY of ORONO I ,� � ti �� G'�' RESOLUTION OF THE CITY COUNCIL . l�xESH�g'� NO. e� 9 � 0 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this�'�day of �h =Y � �F� , 1992 before me a Notary Public within and for said county, personally ppeared �rs, j�ob P/'� �l r � �� c'tvr�� 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. LINDA S.VEE ,f �� // 'T`'•' NOTARY PUBIIC-MINNESOTA G;'�L(�✓ �. V�� .e.� ,_ ' HENNEPIN COUNTY NOTARY PUBLIC , �:...•°' Ny Commission Ezpires Jan.31,2000 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 Page 4 of 5 / ~ n ' - ' �� h�� b� � A �o _ zr � b 8 � - � � � � 9 � � � �' � ti e g� � �' -�$ x . / 1°a � 4�.�S ' � � 0 N X .� h� � g�`�[`c'� $� �-~ a'' ,r? , �s� O I P � P � ` � � 16� £ X� . � F _ � b8 � CJ�� — , � � �. w C � - - / r 1 � � : �� 1 0 0. / s�, P �: 1 � oo . I ry ' ` ' I O 6P f � �,� / � � : / , �o cs o .ci / �°o / �� x / 9� / J / �e � � �o ' � � � � � I �'S S' N ,t � 1 I ` N' ' � �' ' � • � / �. N j/ — ` /� / 5$ / � n � � � � / / � / � : � w e �`�� / � / =' a \ �da;�c� �� /� // � g a ' / / / � / �� / �� / � � � � � /o�� - � � � $ + � � \ � w � i I C!/ / 0 G / � \ 4 / � / ^ � / � � / � �� / � � , n \ � � / �J '` / � I / / o�'� � � I l .� / �� - -� i � � ` � a' � � � / / o � � / � � t� � ` / ��3 0� �� J� O \ b / n\ !` "' y.33 0 /7� // o � � , . o ,�,. ,� o � - , - � X� . � � , , , , c.� '`� '� I -� � � _ O � - - - - ' _ _ _ _ — � � � , � � — `� c - - I � \�� ! $ I � v ' s.