HomeMy WebLinkAboutResolution 2706 . ,��• ::� .�
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�� Cit� o� ORONO � .
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� , NO. 2706 � �,
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A RESOLDTION GRANTING �.��:, �
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A VARIANCS TO �':'� °��'�
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MQNICIPAL ZONING COD$ «� •�. �..s�
SECTION 10.28, SIJBDIVISION 5 (B) AND ���i".? �'��`�
S$CTION 10.75, SDBDIVISION 4 (B) AND �F� v��
� GRANTING A CONDITIONAL IISL PERMIT PER
S$CTION 10.03, SUBDIVISION 10 �
FILE #1445 �
WHER$AS, Gregory C. Peterson (hereinafter "the
app 1 i cant") i s the owner of the property 1 ocated at 13 5 5 Arbor
Street within the City of Orono (hereinafter "City"� and legally
described as Lot 2 , Block 2 , Markville, Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has made application to the City
of Orono per Section 10.03, Subdivision 10 seeking the approval
of a conditional use permit to allow the installation of a pool
on the property defined as a through lot and in addition seeks a
• setback variance'to Section 10.75, Subdivision 4 (B) that would
require a 50' setback from the rear street lot line, applicant
has proposed a 24'9" setback requiring approval of a 25'3" or 50�
setback variance. Per Section 10.28 , Subdivision 5 (B) ,
applicant seeks a side setback variance for a proposed addition
to the rear of the existing residence to be located 19' from the
north side property line instead of 30' as required by the
ordinance. �
NOW, TH$REFORE, BB IT R$SOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1445
2. The property is located in the RR-1B Single Family Rural
Residential. Zoning District requiring a minimum of 2 acres
of dry contiguous land.
3. The property is approximately .32 acres or 14,000 square
"feet and is served by municipal sewer.
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�� RESOLUTION OF THE CITY COUNCIL ``��.3r'�,, ���� � �
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4.
The Orono Planning Commission reviewed this application ���
on September 6, 1989 and recommended approval of the
proposed variances per Zoning Code Section 10.28 ,
Subdivision 5 (B) and Sectin 10.75, Subdivision 4 (B) and
per Section 10.03, Subdivision 10 recommends approval of a
conditional use permit based on the following findings:
A) The proposed pool would be in line with the house
on the adjacent lot that fronts on Briar Street.
B) The proposed pool meets the required side yard
setback for an accessory structure.
C) The total lot coverage with the addition remains
' below the allowed 15$ at 2,068 square feet or 14.7�.
D) The existing principal structure is located 12'9"
f rom the north side lot Iine. The proposed addition
wi 11 be 19' f rom the north 1 ot 1 ine and wi Z 1 not
encroach any further into the substandard side yard
• setback area.
5. The existing sewer line within the street rear yard
prevents the pool structure from being placed• on the
property meeting all required setbacks of the zoning
district.
6. The City Counci 1 f inds that the conditions exi sting 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 properties ; 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.
7. The City Council finds that granting a conditional use
. permit to aZlow the installation of a pool in the street
rear yard will not be detrimental to the health, safety or �
general welfare of the public, would not adversely affect
light, air nor pose a fire hazard or other danger to
neighboring properties, nor will it depreciate surrounding
property values and that the proposed level of use of the
• property will be in keeping with the intent and objectives
of the Zoning Code and Comprehensive Plan of the City.
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CONCLDSIONS, ORD$R AND CONDITIONS E��'`�� �
Based upon one or more of the above findings, the Orono �°�
City Council hereby grants variances to Municipal Zoning Code
Section 10.28, Subdivision 5 (B) and Section 10.75, Subdivision
• 4 (B) , and grants a conditional use permit per Sectiori 10.03,
Subdivision 10, to allow the installation of a pool on a through �
lot to be placed 24'9" from the rear street lot line instead of
50' and a rear addition to the principal structure that will be
located 19' from the north side Zot line instead of 30', subject
to the following conditions:
l. Per Section 10.03, Subdivision 4 (C) the applicant and/or
future owner is placecl on notice that if a fence of 6' or
• greater is installed around the pool, such improvement would
require variance approval from the City of Orono.
2. 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 for
the retaining walls within one year of the date of Council
approval, or the special conditions of this resolution will
expire on that date (September 25, 1990).
3. Violation of� or non-compliance with any of the terms and
conditions of this resolution shal 1 constitute a violation
of the zoning code, shall automatically terminate any
authority granted herein, and shal 1 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.
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RESOWTION OF THE CITY COUNCIL °°�.�;>�;,_ ��r'��'�
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Adopted by the Orono City Council on� this 25th day of ���
September, 1989. • ��
ATT ST:
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0 othy Ha n, City Clerk Edward J. Call an, Jr. , Acti g Mayor
Propef 0 ner(s)
STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 25th day of September, 1989, by Edward J. Callahan, Jr. &
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.
•
No y Public
�'° URIE K. SCHEFFLER"
�`:t: NOTARY PUBLIC—MINNFSOTA
�;:sp., '�s.-i U
My Commi s s i on E �'��,. . �' My commiaeion �xpir��6• •
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� �� �' �� Cit� o� ORONO .
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�. : � , `; RESOLUTION OF THE CITY COUNCIL �
� NO. 2706 �,
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STATE OF MINNESOTA ) ;:s ,f;�'. �;'��
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COUNTY OF HENNEPIN ) •
On this o���"/-� day of �� , 1989
before me Notary u ic wit �i d for sa d county personally
appeared �C �C. •
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. ,
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• NOTARY PUB
• ���� LAURIE . HEFFLER
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'' `�� NOTARY PUBUC-MINNESOTq
``° '�`"?'�z HEPINEPIN COUNTY
E��{ My commission axpiras6•8-93
�u`�,
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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