HomeMy WebLinkAboutResolution 2719 w � ' .
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Clt� o� ORONO .
� � � RESOLUTION OF THE CITY COUNCIL
� NO. 2719
• ' • •
A RSSOLIITION GRANTING
• A VARIANC$ TO
MIINICIPAL" ZONING COD$
SECTION 10.28, SDBDIVISION 5 (B)
FII,$ #1461
WH$R$AS, Rev. Paul W. Berggren (hereinafter "the
applicant") is the owner of the property located at 585 Old
Crystal Bay Road South within the City of Orono (hereinafter
"City") and legally described as follows:
The south 307' of. Lot 23, Auditors Subdivision #230,
Hennepin County, Minnesota, lying east of the west 436'
thereof (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.28, Subdivision 5
(B) to permit the construction of an enclosed porch addition
located 15' from the side lot line where a 30' side yard setback
• is normal ly required.
NOW, THER$FORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota: x
FINDINGS
1. This app].ication was reviewed as Zoning File #1461.
2. The property is located in the RR-1B Single Family Rural
� Residential Zoning District.
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 house is located at its closest point
14.4' from the side lot line. The proposed porch
addition continues the side line of the house .extending
no closer to the side lot line than the existing house.
The house was constructed in 1970 when the property was
� zoned to require only a 10' side setback.
B) The location of the septic system at the southwest
corner of the house, the driveway location near the
south end of the house, and the location of the living
. room centered on the east end of the house, are
additional hardships which make other conforming
locations for this addition less feasible.
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Clt� o� ORONO
� (�]�f RESOLUTION OF THE CITY COUNCIL
� NO. � 2719
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C) The neighboring residence to the north is more
than 100' from the property line, hence the proposed
addition would not result in greater visuaZ density in
the neighborhood.
4. The City Council has considered this application
incJ.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 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 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 alleviate
a demonstrable hardship or difficulty; is necessary to
• preserve a substantial property right of the applicant; and
wouZd be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
CONCLDSIONS, ORDffi2 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 10.28, Subdivision 5 (B) to permit the construction
of an enclosed porch addition located 15' from the side lot 3ine
where a 30' side yard setback is normally required, subject to
the following conditions: .
1. 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
within one year of the date of Council approval, or this
variance will expire on that date (October 23, 1990).
2. 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 automatical ly terminate any authority
granted herein, and shall be punishable as a misdemeanor.
3. 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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C�t� o� ORONO ,
� RESOLUTION OF THE CITY COUNCIL
�
� NO. 2719
• � • •
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 23rd day of October,
1989.
A EST:
�
D roth M Hallin, City Cle Jame R. Grabek, r
� � � � � �
Pr perty Owner(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 ary Public t ks.�, URIE K. SCHEFFLER
���,u.�
�"`°�°�-
���"z..<_ NOTAR� DUBUC—M�NNESOTA
•.�� �,�:::� NNEPIN COUNTY
My Commi s s i on Y`e�Y�omfmssion exp�res • ,
�.�
•
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� Clt� o� ORONO .
� � RESOLUTION OF THE CITY COUNCIL �
Q�
� NO. 2719
• � � •
STATE OF MINNESOTA )
' ) ss.
COUNTY OF HENNEPIN ) .
On this �� da of (X , 198 /
Y
before me a N tary Public within and for said county, personally
appeared ��p,�J, � l,c�• d-1�e�✓�o�l-P�2a. � �..rq4✓"2.v� known to me to be
the person(s) described in and wh executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed. •
�
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� NOTARY PUBLIC .
' NO AREPUBLIC L. NAAB
HENNEPI M�NNESOTq
MY comm�sstoNexPOQS 9.TB 92
��=9a
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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