HomeMy WebLinkAboutResolution 2830 u ' '�
� . C�t o� ORONO
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• (�? RESOWTION OF THE CITY COUNCIL
� NO. 2830
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A RESOLIITION GRANTING
A VARIANCE TO
MDNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE #1541 �
WHEREAS, Dr. Roby & Jane .Thompson (hereinafter "the
applicants" ) are owners of the property located at 1520
Tanglewood Road within the City of Orono (hereinafter "City") and
legally described as follows:
Lot l, Block 1, Tanglewood, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the app licant has app lied to the City for a
variance to Municipal Zoning Code Section 10.28, Subdivision 5
(B) to permit the construction of room additions located less
than 50' from the rear lot line where a 50' rear yard is norm�lly
required. �
� NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1 . This application was reviewed as Zoning File #1541.
� 2. The property is located in the RR-1B Single Family
Rura1 Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on June 18, 1990, and recommended approval of the proposed
variance based upon the following findings:
A) Variance application #470 was approved in 1979';
allowing the house to be constructed 20' from the north
lot line. The house was actually constructed 26' from
the north lot line. The currently proposed additions
will at their closest point be 21.9' from the narth lot
1ine, meeting the intent of tYie original variance `
approval.
B) The original variance was granted because of
extremely limited drainfield sites, topogrpahy, and
wetland on the site. Neither of the currently proposed
additions encroach into existing or potential
� drainfield sites or wetland areas.
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�t;''r�a�. ����� �it� o� ORONO
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. ,� �, RESOLUTION OF THE CITY COUNCIL
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� �'' NO. 2830
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C) The property adjacent to the north 1ot line is
owned by the Department of Natural Resources as a
� preserved wood land, and it is not anticipated that any
new construction will occur in that area, hence the
visual density of the neighborhood is not an issue.
None of the neighboring residences will be able to see
the proposed additions.
4 . The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by City staff , comments by the
applicants 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 applicants , but is necessary to
alleviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the
applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive P1an 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 10.28, Subdivision 5 (B) to permit the construction
of additions to the existing residence as proposed, such
additions being located as near as 21.9' from the north lot line
� where a 50' rear 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 �xercised by application for a building permit
within one year of the date of Council approval, or this .
variance wi11 expire on that date (July 9, 1991).
2. Violation. of or non-compliance with any of the terms and
conditions� of this variance sha11 constitute a violation of
the zoning code, shal 1 automatically terminate any authority
• granted herein, and shal 1 be punishable as a misdemeanor.
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Cit� o� ORONO
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RESOLUTION OF THE CITY COUNCIL
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4,.2.
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3. The undersigned app licants have read, understood and
., hereby agree to the terms of this resolution and on behalf
of themselves, their heirs, successors and assigns, hereby
'� agree to the recording of this resolution in the chain of
tit le of the property.
Adopted by the City Council of the City of Orono,
Min sota at a regular meeting held on the 9th day of July, 1990.
ATT T:
Dorothy allin, City C1er Jame R. GrabekZ�Ma�or
�..� �1�-Y� -
Propert Owner(s
• STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 9th day of July, 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 behalf
of the City.
� � .
Notary Public
THERE3A L NAAB � �
NOTARY PUBUC�MINNESOTA
HENNEPIN COUNTY
IMy Commisslan expires 8-8-92
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�.��a c�t� o� oR,oNo
� RESOLUTION OF THE CITY COUNCIL
3�,�'�..• NO. 2 8 3 0
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,;
STATE OF MINNESOTA )
) ss.
COUIJTY OF HENNEPIN )
On this �� day of �w��_ _ , 199 �
before me a Notary Public within and foi� said county, personally
appeared /Q�b�� (��� �'r. �I-� S. �iovn��'1,,� l�inf ��Q�r�
known to me t be the person(s) descri ed in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
THERESA L. NAAB Q�
•: NOTARY PUBLIC - MINNESOTA
My cEommEssioNexpi�ras s-TeY-s2 NOTA Y PUBLIC
• STATE OF MINNESOTA )
)ss .
COUNTY OF HENNEPIN )
On this day of , 199_, 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
,
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