HomeMy WebLinkAboutResolution 2857 ,, `��
�t C�t o� ORONO
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� '`.' C�l � RESOLUTION OF THE CITY COUNCI L
� � �'`. NO. 2857
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A RESOLIITION GRANTING
A VARIANCE TO '
MiJNICIPAL ZONING CODE ,.
S$CTION 10.28, SIIBDNISION 5 (B)
FII,$ #1554
WHEREAS, Timothy Gramentz (hereinafter "the applicant") is
the owner of property located at 4680 North Arm Drive within the City
of Orono (hereinafter "City") and legally described as follows:
The west 140.00' of the east 567.86' of the south 311.15' of
the southwest quarter of the northwest quarter of Section 6,
Township 117, North Range 23 west of the 5th principal
meridian, Hennepin County, MN, (hereinafter "the property");
and .
WH$REAS, the applicant has applied to the City of Orono for
a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B)
to� permit the construction of an addition above the pre-existing
attached garage, such addition and attached garage being located 19.3'
from the side lot line where a 30' side setback is normally required.
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NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono,
� Minnesota:
. FINDINGS
1. This application was reviewed as Zoning File #1554.
2. The property is located in the RR-1B Single Family Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
August 20, 1990 and recommended approval of the proposed
variance on a vote of 5 to 0 based upon the following findings:
a. The property has contained a single family residence
for many years. The residence � was destroyed by fire in
February 1990, with the foundation remaining and still
useable. Applicant proposes to reconstruct the house using
the existing foundation. The need for the variance stems •
from a proposed story above the pre-existing one story
attached garage having been located 19.3' from the side lot
line.
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�, � `• � RESOLUTION OF THE CITY COUNCIL
�. NO. 2857
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b. Neighboring residences to the east are sufficiently
distant so that addition of a story above the attached
garage will have no detrimental visual impact in the
neighborhood.
' 4. The City Council has considered this application including
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.
6. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply general ly 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 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 the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.28, Subdivision
5 (B) to permit the construction of an addition above the pre-existing
• attached garage located 19.3' from the side lot line where a 30'
setback is normally required, subject to the following conditions:
l. Authorities granted by this variance 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 Gounci 1 approva 1, or this variance wi 11 expire on
that date August 27, 1991.
2. 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.
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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RESOLUTION OF THE CITY COUNCIL
," • . NO. 2857
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�, Adopted by the Orono City Council on this 27th day of
� Aug t, 1990.
' ATT T: ,
�
Doroth llin, Ci Clerk Jam�s R. Grabek�i�ayor
�
1.
Property Owner(s) �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) ' .
The foregoing instrument was acknowledged before me on this
27th day of� August 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.
•
R �, NOTARE pUe C�',M NESOTA NOt ry PUJ�ZIC
My wmmEsstoN e��'sT-a sz
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� �'I�I '� RESOLUTION OF THE CITY COUNCIL
� � �, NO. 2857
• - � • �
STATE OF MINNESOTA )
) ss.
COIINTY OF HENNEPIN )
On this � S� day of �vC7 G./ 7 � 199�
before me a Notary P}� b�l,r}' c wit�n an�for said county, personal ly
appeared 7 /�• �i /`� /�0� `� lsnown 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 C
ROQER : REED
NOTARY PUBI.IC-MINNE30TA
� HENNEPIN COUNTY
, Iu1y oo�r�rr►taston exMros to-t�e2
MY CO
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 f oregoing instrument,
and acknowledged that he (they) executed the same as his
(their) fxee act and deed.
NOTARY PIIBLIC
MY COMMISSION EXPIRES �
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