HomeMy WebLinkAboutResolution 2722 , �F;�
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Clty o� ORONO .
� �� RESOLUTION OF THE CITY COUNCIL
� NO. 2722
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A R$SOLIITION GRANTING
A VARIANC$ TO
MONICIPAL ZONING CODS
SECTION 10.27, StJBDIVISION 5 (B)
FII,E #1466
WHER$AS, Dan Rokesh (hereinafter "the applicant") is
the owner of the property 1 ocated at 4 0 4 0 Watertown Road within
the City of Orono (hereinafter "City") and 1ega1].y described as
f o1.lows:
Exhibit A, attached (hereinafter "the property"); and
� WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.27, Subdivision 5
(B) to permit the construction of a screen porch addition to be
located 25.7' from the front 1ot line where a 100' front setback
is normal.ly required, and 46.8' from the si�de 1ot line where a
50' side ].ot line setback is normally required, and for
� construction of a proposed deck to be constructed 42' from the
f ront 1.ot 1 ine and 2 9' f rom the side 1.ot 1 ine where 10 0' and 5 0'
setbacks are norma].1y required respectiveZy.
NOW, THER$FORE, BE IT R$SOLVED by the City Counci 1 of
Orono, Minnesota: .
� FINDINGS `� ,
, l. This appZication was reviewed as Zoning File #1466.
2. The property is located in the RR-lA Single Famil.y
RuraZ Residential. Zoning District.
t
3. The Orono Planning Commission reviewed this application
on October 16 , 1989 , and recominended approval of the
proposed variance based upon the fol.lowing findings:
A) The entire existing residence is l.ocated less than
the required 10 0' f rom the f ront 1 ot 1 ine. Thi s house
was constructed before the 100' setback requirement was
in ef f ect.
B) The proposed screen porch addition extends along
the existing front line of the house, and is suitabZy
_ screened from the roadway by existing topography and
L� vegetation conditions.
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• � � RESOLUTION OF THE CITY COUNCIL
i(� NO. 2722
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C) Likewise, the proposed deck at the rear of the
house is technically adjacent to a side lot line and
requires a 50' side setback. The adjacent lot line
abuts an open area of pasture and no neighboring
� property owners will be significantly effected by this
encroachment. The proposed deck is expected to have a
platform height 4' above grade with a 3' railing.
4. The City Council has considered this application
, inc].uding 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 hea7.th,
safety and welfare of the community.
5. The City C.ouncil finds that the conditions existing on
this property are peculiar to it and do not apply general Zy
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.
CONCLIISIONS, ORDER 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 construction
of a screen porch located 25.7' from the front lot line and a .
deck 1 ocated 42' f rom the f ront 1 ot 1 ine where a 10 0' f ront
setback is normally required, and such porch being 46.8' from the
side lot line and such deck being 29' from the side lot line,
where a 50' setback is normally required for both structures,
subject to the folJ.owing conditions:
l. The proposed deck shall never be enclosed. Future
enclosure of that deck would require an additional setback
variance.
2. Authorities granted by this reso].ution run with the
property not with the applicant, but are permissive only and
� must be exercised by app7.ication for a building permit
�� within one year of the date of Council approval , or this
variance will expire on that date (October 23, 1990).
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Cit� o� ORONO .
• � RESOLUTION OF THE CITY COUNCIL �
� NO. 2722
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3. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shal 1 automatically terminate any authority
granted herein, and shall 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 heZd on the 23rd day of October,
1989.
AT ST:
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� orothy allin, City Cler Jame R. Grabek, ayor
��
� Property wne (s)
STATE OF MINNESOTA )
) � ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 23rd day of October, 1989, by James R. Grabek & 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.
No ry Public
��`;y�'����' LAURIf K. SCHEFFLER
�',.z���t, NOTARY PUBLIC—MINNESOTA
%= i,�is
��;:,�•.�'�;,< HENNEPIN COUNTY
My Commission '"-�;��2 Y��mmiswon expv s �
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`� �{ � Clt� o� ORONO
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�► .. �_� ,� Y� � .
,�� ` RESOLUTION OF THE CITY COUNCIL
;�' �'a.',�'F�+'; ,
":; ��, '� NO. 2722
a,..
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STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN )
On this ��Q,(� day of p(���}�. , 198�
before me a N tary blic within and for said county, personalYy
appeared �A�/ ���{� 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 PUB ,�w � � , SCHEfFLER `
�6 � NOTARY PUBLIC—MINNESOTA
1'e�'`�'!�'�' HENNEPIN COUNTY
� `� ' My commission expiros6•8-93
'<y,'r:r..'=�
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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�` � ,'"�'`"'�~ RESOLUTION OF THE CITY COUNCIL
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�� �.�.:; ��-� NO. 2722
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rR�t.�aN 2?22, . : .
� FILE N0. 1466 . � . . . • I ;
LEGAL DESGR1PT10N$ � � �
•, .� � That part of Northeast 1/4 of South.east_ 1/4 of Sect�.on ; _ . ;- i
� . 31 , Township 118�, North Range 23;- WesC o� the 5th . ;
Pri_nci.pal. Meridian, described as ��ollows c . � -- -� `� �
� � Commencing . a� a point �on the. North .I.i-ne of 'the �� . .
Southeast .�1/4 of said 5ection �distant . 7��3. S feet� West � _ ;'; `
� oE .the Northeast coxner of�,said . 1/4 �.secti.on; thence ��'.;;. � �
`� East to said Northeast corner; thence SvuCh. on 'the� .:•.�._,:�� ,
East line of said..�l/4 Section�� a ' distance.�o�f. 303:: feet;''.'� i
� thence� Northwesterly� in a straight� line' to��.the poin� '�:'�� � �
�L be�inr�ing , said tract lying North �f the center �. : � „ • �
.Lii�e ot the S�uth ��latertown �R^-.ad (so �called) . . , -, -:. �-
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