Loading...
HomeMy WebLinkAbout#3521-variance-1995 � . ' 1: �' ��' CITY of ORONO O : O >> �:.'^�.--� ; RESOLUTION OF THE CITY COLTNCIL ��f � � e� � � � ,�" �::�� NO. � � �� . r , � �ti 19 �; i , �� kEsBo�`' A RESOLUTION GR.ANTING A VARIANCE TO MUNICIPAI- ZONING CODE SECTIOti 10.25, SUBDIVISION 6 (B) FILE NO. 1987 �rHEREAS, Larry D. Pillar (hereinafter "the applicant") is the owner of the property located at 2705 Ethel Avenue within the City of Orono and leQall}� described as follows: Lots 1 and 2, Block 3, Casco HeiQhts, Hennepin Counry, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit construction of a 10.9' x 1�.3' three season porch to the rear of the residence that will be located 6' from the side lot line where the code would require a 10' setback. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1987. ?. The property is located in the LR-1C Lakeshore Residential Zoning District requirir.j 21,780 s.f. or one-half acre in area. Tlie prcpeny consists of 15,000 s.f. 3. The Orono Plannina Commission reviewed this application on January 17, 199� and recommended approval of the variance as proposed based upon the following unique findinas and hardships: A. The location of the 50 year old house on the propem� that was installed prior to current zoning standards. B. The principal residence is located 4.7' from the side lot line. The three season porch addition is located 6' from the side lot line and will encroach no closer. Paae 1 of 4 Fwm 5005 Olsw G ; t <. � ��' CITY of ORONO O ��� O �;;.`�.-�_� RESOLUTION OF THE CITY COLINCIL � ���'*'����� � NO. � � � � .., ti, ���, �� � �1��G kEsBog' C. There is no visual impact on the adjacent residence to the north. D. The 14' ununproved alley provides an additional buffer to the residence to the north receiving most irnpact from the structure located 6' from the side lot line. E. If unimproved 14' alley was vacated, this property would receive the benefit of the entire 14' right-of-way because the alley was dedicated with the plattin� of the Casco Heiahts plat in 1911. F. Structure has existed on the property for over 50 years. G. The structure provides an internal/enclosed access to the rear of the residence and to the basement. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply aenerally to other property in this zonin� district; that aranting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danaer 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 Zonina Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Plannin� Commission, repor[s by City staff, cominents by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER Al\TD CO�tDITIOi�'S Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdi��ision 6 (B) to permit the construction of a 10.9' x 1�.3' three season porch addition to the rear of the existin' residence, subject to the following conditions: l. Applicant shall make application for a building permit for a three season porch by Monday, February 20, 199�. The buildina permit fee shall be subject to an additional penalty fee as original construction was commenced without a permit. Page 2 of 4 G�rm 5005 D��Y 0�^� . �r �' ��' CITY of ORONO �: O � � �'i.`,-�_� I� RESOLtTTION OF THE CIT'Y COiTNCIL � '�������. ti� No. 3 � � � ti ��9�� i og�G ESII 2. Authorities aranted by this variance run with the propem� not with the applicant, but are permissive only. ;. 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 authoriry aranted herein, and shall be punishable as a misdemeanor. 4. The undersijned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby aarees to the recording of this resolution in the Chain of Title of the property. Adopted by the Ciry Council of the City of Orono, Minnesota at a reaular meetin� held on the 13th day of February, 1995. AT EST: � � � � � Cit Clerk � / �X�XC§�����X �X�X��A� Dor h M. lin, y ,3.� . � C Diann Goett n, Acting Mayor ;'V" operty Owner (s) STATE OF I��1I�TNESOTA ) ) ss. COUNTY OF HENNEPIN ) The fore�oing instrument was acknowled�ed before me on this 13th day of February, 199� by Edward J. Callahan, Jr. and Dorothy� M. Hallin, Mayor and City Clerk of the Ciry of Orono, a Minnesota municipal corporation and said instrument �;�as executed on behalf of the Ciry. .�' - , �1 �/�� °• LINDA S.VEE � � � � �/� � V e o��` NOTARY PUBIiC-MINNESOTA Notary Public : HENNEPiN COUNTY `-�� ' My Commission Expires Jan.31,2000 Paae 3 of 4 ro�soos o�,� ; �� � �`�' CI'I'� of ORONO O .: O\ ��°�����> I�� RESOLUTION OF THE CITY COUNCIL +:•�•. � � �j�'�,�;"��� �i No. `� � `� � r � ��9 �' , ���G kESHog' STATE OF MINNESOTA ) ) ss. COUNTY OF HE\'NEPIN ) � On this j r' day of Fz b�u�2%� , 199 ,� , before me a Notary Public within and for said Counry, personally appeared / �.�;�r��ce D �'1/a r ��ma rr,F.� l:nown to me to be the person(s) described in and who executed the foregoing instrument, and acl:no�vledaed that he (they) e:cecuted the same as his (their) free act and deed. - - �::��G�..��-�'.•' _ � `' `� � .�' U�2/ LINDA S.VEt" ��h ct a.� � NOTARY PUBLIC-MINNESOTA rJat�ry public �.e,C��7' HENNEPINCOUNTY 'L+' �res Jan.31.2000 �,�.�' �y�pmmissiat Exp' STATE OF MINr�TESOTA ) ) ss. COUNTY OF HEti'NEPIN ) On this day of , 199 . before me a Nctary Public within and for said County,personally appeared l:nown to me to be the person(s) described in and who executed the foregoina in�trument, and acicnowledged that he (they) executed the same as his (their) free act and deed. Notary Public PaQe 4 of 4 Form 5005 CnM!