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Home My WebLink AboutResolution 2893 . � . � . � 5'730996 ,AC=.� � . �,� Cit o� ORONO � �� "� � .� > RESOLUTION OF THE CITY COUNCIL '�,a� A ° �t'•��:,;J� • NO. 2 8 9 3 �..��.:�'' �,;,..�,�� • - • • ,� � - _�x�;, �; , F:•:;:.•'a �` :'a� > �:�;';',:�s A RBSOLIITION GRANTING +``' � ,� A VARIANCES TO � MDNICIPAL ZONING CODE SECTION 10.28, SIIBDIVISION 5 (B) FILE #1593 WHER$AS, Philip F. Ka�.ey (hereinafter "the appl.icant" ) is the owner of the property located at 1395 Brown Road South within the City of Orono (hereinafter "City") and legally described as fol.lows: Lot 5 , B�ock l , Markville, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal. Zoning Code Section 10.28 , Subdivision 5 (B) to permit the construction of a 10' addition to the north side of the exisitng residence requiring a street setback variance to South Brown Road at a 20' setback instead of the required 50' and a street setback variance to Arbor Street proposed at 43' instead of the required 50'. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This appl.ication was reviewed as Zoning Fil.e #1593 . 2. The property is I.ocated in the RR-1B Rural ResidentiaZ Zoning District requiring 2 acres in area. The subject property consists of 18 ,182 s.f . or . 4 acres. 3. The Orono Pxanning Commission reviewed this application on October I5 , i990 , and recommendect approval ot tne proposed variances based based upon the fo�I.owing findings: a. The house was placed on the property prior to the current 2 acre zoning standards. b. The property is surrounded by streets on three sides. c. The property is .4 acres in area and subject to 2 acre zoning standards. .�.,� TRANSPER &N1ERi� Page 1 of 4 DEP1.OF PROPERTY TA%b PU9LIC RECORDS OEC 11 L99p ,N+ r� ". 8Y �� , , . � � ' � . � C�t� of ORONO � , i RESOLUTION OF THE CITY COUNCIL , �°' j � • NO. 2893 � • - • • ! , ; � d. The improvement would be consistent with similar � improvement projects of adjacent properties consistent in ; size. � � e. The property is served with sewer. i 4. The City Council has considered this appl.ication incl.uding the findings and recommendations of the P1.anning Commission, reports by City staff, comments by the appl.icant and the effect of tre propased variance �n the health, safety and we�fare of t1-ie community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generail.y to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, I.ight, air nor pose a fire hazard or other danger to neighboring property; woul.d not merely serve as a convenience to the applicant, but is necessary to a1 leviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appl.icant; and wou�d be in keeping with the spirit and intent of the Zoning Code and Comprehensive Pl.an of the City. CONCLDSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to the MunicipaZ Zoning Code Section 10.28, Subdivision 5 (B) to permit construction of an addition to the north side of the house requiring street setback variances to both South Brown Road (County Road 146 ) and Arbor Street, subject to the following conditions: 1. Appl.icant is advised that a buil.ding permit wil.1 be required for grade 1eve1 deck. Appl.icant sha1l. provide a survey locating deck on property and buil.ding plans for deck construction. 2. Authorities c�ranted by this variance run with the property not with the appl.icant, but are permissive only and must be exercised by appl.ication for a buil.ding permit within one year of the date of Council. approval, or this variance will. expire on that date (October 22, 1991). Page 2 of 4 . � ►� � Cit� of ORONO RESOLUTION OF THE CITY COUNCIL .� • NO. 2893 • - • • � :s� 3. VioYation of or non-compl.iance with any of the terms and conditions of this variance sha11 constitute a viol.ation of the zoning code, sha1,1 automaticaJ.I.y terminate any authority granted herein, and shal.l be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behal.f 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 Orono City Council. on this 22nd day of Octo �r, 1990. �::,,, e. � ATTES �� f � or thy M H 1l.in, City C�erk ... James R. Grabek� Mayqr 'i�.t � � r % '�� ' .. _ '1 l ��" i� � � roper � Owner(s) ,�� ' � „ � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Th� foregoing instr:zment was ackr.owledged before me on this 22nd day of October, 1990, 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 behaXf of the City. � �. �� l / ,� -� �� THERESA L. NAAB '� ° ,�d/►� v� /LG�-GL MpTARY PUBLIC - MINNE30TA N tary Pl1b�.1C �y�mmiEssPfonJ eCpO�N9'8's2 A � � .-��-, � >�� My Commission Expires Page 3 of 4 , . � , • e . . � czt� o� oR,oNo � RESOLUTION OF THE CITY COUNCIL - � '�� ( NO. 2893 � -�,` ~.• � ., �, , :.,, � STATE OF MINNESOTA ) ` � � ) s s. .. j COUNTY OF HENNEPIN ) w � � - � On thi s ��C'� day of �z C .:� �,�� _, 19 9� before me - Notary �u lic within and for said county, personal ly appeared (�, � . �� U � � ��', �� known to me to be the person(s ) describ d in �and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �_;�� - J' i `�� i_t_, i � i��;- NOTAR THERE8A L NAAB �HENNEP N COUNTYTA _. �ppmmitalon exPiros 9�8-92 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss . . COUNTY OF HENNEPIN ) On this �`�� day of �� , � ;�' , 199�� before me a ,Notary Public within and for said County, persona l ly ap peared l_n�� r �, ,� f� . 't�/ ';.� ; 1�>,r� f-�C �Gti.��u r� _ k n o w n t o m e t o b e t h e 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. � `' /��-- �-� %' .�'�-/ �. ��Gt-x' NOT THERESA L. NAAB � NOHENNEPIN COUNTYTA My opmmission expi ss 9-8-92 MY COMMISSION EXPIRES Page 4 of 4 . . . . � • . . �' RESOLUTION #2893 � w.._ ',�' ..� i.sa'i�ti:a��W STATE OE MINNESOTA ) � . --) '� � , '� � � �:� COUNTY OF HENNEPIN ) � � ) CITY OF ORONO ) � I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin County , i�innesota , do hereby certify that I have compared the fore�going copy of a resolution of the City Council of the City of Orono wiih the original record of suc;� resolution ir. ��,e Mi;.�tes of �he proceedings of said City Council at a meeting of said City Council held on October 22 , 1990 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting . , In Witness Whereof , I have hereunto set my hand and seal this ^ 26th , day of October � 19 90 ��.��is thy M. llin , City Clerk � ' 7 C� .,�,. ,,�,� � -t , � ,c. -�, � :„ , , , U 1�' , (SEAL) ` " � . *��`�;� cr�,�, h'��.�,�,=�;y' k..-: ,. x y. �# �� ra�^�� ,•Tp� l� � ' �.`' > ��`�• ��.,�ar ' ��j�� 1.. r{Y �� . . , . � . :) _ . . .. . .. j � . _ � s . �, �. �� ' 5'730996 , , � � �� i l DEC9014=�? 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