HomeMy WebLinkAboutResolution 2720 ,
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��- �-� Clt� o� ORONO
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• ,,�;, �� � RESOLUTION OF THE CITY COUNCIL
� � NO. 2720
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A RESOLIITION GI2ANTING
A VARIANCE TO
MONICIPAL ZONING CODE .
SECTION 10.27, SDBDIVISION 5 (B)
FII,$ #1462
WHER$AS, Richard Schmidt (hereinafter "the applicant")
is the owner of the property located at 3980 Watertown Road
within the City of Orono (hereinafter "City") and legally
described as follows:
Exhibit A attached (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.27, Subdivision 5
• (B) to permit the construction of a second story addition to the
existing residence which is located 35' from the front lot line
where a front yard setback of 100' is normalZy required. .
NOW, THEREFORE, BE IT RESOLV$D by the City Council of
Orono, Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #1462.
2. The property is located in the RR-lA Single Family Rural
Residential Zoning Distri:ct.
3. The Orono Planning Commission reviewed this application
on October 16 , 1989 , and recommended approval of the
proposed variance based upon the following findings:
A) The existing residence was constructed in 1954 and
met setback requirements in ef f ect at that time. The
property was rezoned from a 1 acre status to a 5 acre
minimum lot size in 1975, requiring a 100' front yard
setback for any new construction occuring after 1/1/75.
B) The proposed second story addition will encroach no
• closer to the front lot line than the existing
residence, which is 35' from the front lot line.
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��=l Cit� o� ORONO .
• RESOLUTION OF THE CITY COUNCIL '
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� � NO. 2720
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C) The proposed addition converts the existing two
bedroom house into a three bedroom residence.
Applicant proposes concurrent replacement of the
existing septic system to accommodate the house
expansion, hence the proposal meets the requirements of
the on-site sewage treatment ordinance.
4. The City Council has considered this application
including the findings and recommendations of the P].anning
Commission, reports by City staff, comments by the applicant
and the effect of the proposed variance on the health,
safety and welfare of the community.
5. The City Council finds that the conditions existing on
this property are peculiar to it and do not apply generally
to other property i:n this zoning district; that granting the �
variance wou].d 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.
CONCLDSIONS, 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 second story addition to the existing residence, located 35'
f rom the f ront 1 ot 1 ine where a 10 0' f ront yard s etback i s
normal ly required, subject to the following conditions:
1. The existing septic system shall be replaced with a
conforming septic system to accommodate the expansion to a
three bedroom use.
2. Authorities granted by this resolution run with the
property not with the applicant, but are permissive onZy 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 (October 23, 1990).
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� Clty o� ORONO ,
• = � ��` RESOLUTION OF THE CITY COUNCIL
� NO. 2720
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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, shall 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 prope•rty.
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 23rd day of October,
1989.
ATT ST:
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• D othy Hallin, City C1� Jame R. Grabek, ayor
'� ` ' �✓ � �.. �
.r. /k/ �
Property Owner(s)
- S 7 �'�►--_ ,
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.
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� `'� LAURIf K. SCHEFFLER
� No ary Public
�� �'� NOTAAY PU���C-MINN650TA
`{' �``r HENNEPIN COUNTY
•���;�' �� My commi�qion�xptn�b•8•99
,+
. • My Commission Expires �
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,,: . . C�t� o� ORONO .
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• :,' � - � � RESOLUTION OF THE CITY COUNCIL
� . NO. 2720
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
' On this �3�p day of �(°���� ► 198g
before me a N ary Public ithin and for said county, persona1ly
appeared �4���-� .�Ct�l�� 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.
0 ARY PUBL "'' RIE K. SCHEF�LER
• <:*;, NOTARY DUIUC-MINN�SO�A
�� ` HENNBPIN COUNTY
.;��; :;r'• My eommlaolAn ex�lre4�����'�
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this �� day of �d(��.j'Yti�x�.Y , 198�, before me
a Notary Pub1 ' c wit in and for said County, personally appeared
pers��� �� � known to me to be the
o�n(��described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
� (their) free act and deed.
�
�EpESA �MINNESOrA NOTAR PUBL C
� pEpj�j COUNTY
�HEN����exPiraa e�-s2
����
• MY COMMISSION EXP RES
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Cit o� ORONO .
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� � RESOWTION OF THE CITY COUNCIL
� NO. 2720
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STATE OF MINNESOTA ) ��
) ss.
COUNTY OF HENNEPIN )
On this 7th day of November ► 1989
before me a Notary Public within and for said county, personally
appeared Stephen D. Towle, Part Owner 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.
• R�gp �•MNNESOTA NO ARY PUBLIC
�O?A�pUB1.IC C��NTY
, Ires 9-a-92
Mt{E�NNn,�EPoN exp .
9/8/92
' MY COMMISSION EXPIRES
- STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this 7th day of November , 198 g, before me
a Notary Public within and for said County, personally appeared
Janet S. Gilbert, Part Owner known to me to be the
person(s) described in and who executed the foregoing instrument,
and acknowl�edged that he (they) executed the same as his
(their) free act and deed. �
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4�� ; NOTARY PUBLIC
THEREBA L. NAA�3�
� NOTARY PUBUC�MINNESOTA �
HENNEPIN COUNTY 9/8/9 2
������92 MY COMMISSION EXPIRES
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EXHIBIT A
' RESOLUTION NO. 2720
LEGAL DESCRIPTION: ' �
that pest oP f.he Northvest quarter� of ths. � .
• . . � ' Southt�+eat qusrter of Section 32� Tcwnship 118 DTorth, Range 23.West of '
.:��..tha Sth Prindpa1"1�4sridiaa,_. deacribed��.as follows s Beginning:at-tha Iliiorth- .
� .. .. .:vest corner nf tlis .Southvest quarter.•o��the aforesaid S�actioa;:�.Tovnship,.
. . �°.'� � FanBe;_thenca��ast a].ong the •$orth line of sa3d Sogthxest �quarter-a �
� : �:. dist.snce cf 495��eet; thsace�Saut,h parallel �rith.the.Wsst line of �said
� . .:.° Southvest'quar.ter. a:distaace of l�39.3I�YQet;_;thence S�fest garallel vith
' � �� said�,�Kcrt,h lina.:ta•sai� �lest line;�•�.thaace�North�to-tha��.poin.t.of;begin-� �. .
• .. �'_'`:ning�°E3DCEPT thst�portioa�of said�•premises=lying South��ana 1�est':bY-:ceaterline oY
� .. .•':_�; Minneapolis a.nd �iatertava Rnad . , �
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