HomeMy WebLinkAboutResolution 2873 ` Cit� o� ORONO
� � RESOLUTION OF THE CITY COUNCIL �
• NO. 2873
• - � •
,�4M
A RSSOI�IITION GRANTIPG
A VARIANC$ TO
MUNICIPAL ZONING CODE
SECTIONS 10.28, SUBDIVISION 5 (B)
AND 10.03, SIIBDIVISION 14 (C)
FII�E 1581
WHER$AS, Robert Roehnen (hereinafter "the applicant") is
� the owner of the property located at 537 Hanlon Avenue within the City
of Orono (hereinafter "City") and legally described as follows:
Lots 4 , 5 and 6, Block 14, Minnetonka Bluffs, Hennepin County,
Minnesota (hereinafter "the property"); and
J
WH$REAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Sections 10.28, Subdivision 5 (B)
and 10.03, Subdivision 14 (C) to permit the construction of deck and a
gazebo, such improvements being located less than the required 50'
• setback from the front street lot line, and .such improvements
increasing lot coverage above the 15� lot coverage limit normally
required. •
�
NOW, THER$FOR$, B$ IT R13SOLVED by the City Counci 1 of Orono,
Minnesota:
. FINDINGS
1. This application was reviewed as Zoning File 1581.
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 based upon the following findings:
a) The deck and gazebo �locations will not tend to be out of
character with this neighborhood of small lots, and will be
. essentially in line with the front line of the existing
house.
Page 1 of 4 .
•
� .
• �.
clt� o� oR,oNo
RESOLUTION OF THE CITY COUNCIL
• NO. 2873 .
• - • •
b) The proposed deck and gazebo wil 1 not have an impact on
the visual density of the neighborhood, therefore approval
of the lot coverage variance is appropriate, the hardship
being the size of the lot.
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.
5. 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 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 s.pirit 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 Sections 10.28, Subdivision
5 (B) and 10.03, Subdivision 14 (C) to permit the construction of a
deck located 17' from the street lot line and a gazebo located 33'
from the street lot line, where a 50' street lot line setback is
normal ly required, and which improvements wil 1 increase lot coverage
to 15.35� of the property where only 15� lot coverage is normally
allowed, subject to the following conditions:
1. 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 Counci 1 approva 1, or this variance wi 11 expire on
that date (September 10, 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.
• Page 2 of 4
Clt� o� ORONO
• RESOLUTION OF THE CITY COUNCI L
• NO. 2873
• - • •
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.
Adopted by the Orono City Council on this lOth day of
, September, 1990.
ATT ST:
�
orothy M allin, City Clerk Jam s R. Grabe afyor
�
���� ��
Property Owner(s )
• _ '
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
lOth day of September, 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.
_ % ,,� .
/ ���
�H��ESu�1..MNNEB SA Notary Public
< ��jjEN mE�iw��►0c"`O°u'N�92 "f�-(1 � 9a
►1'y`� My Commission Expires
Page 3 of 4
•
i . ,. ,�' �' . � . ... .
� � cit o� oR,oNO �
�
� RESOLUTION OF THE CITY COUNCIL
� • NO. 2873
• - • • . �
. ,.t .
STATE OF MINNESOTA )
- ) ss.
COIINTY OF HENNEPIN )
On this ��� day of �'���Nnt ersonall�
before me a Notary Public within and f r said co y, p
appeared'Rp1�Q,�'�t- �' 1MiC�.k.Q I I�O��v�P.n r�Y1 -�'✓'►2c� ]cnown 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.
' ��Q.c�.��� - G�C
NOTARY PUBLIC
THERESA L. NAA9
KQTApY pUBLIC-MINNESOTA
HENNEPIN COUNTY
� My�omrnlaslpn•Oxp6'aa 8-8-92
MY CO PIRES '
� _...._ ...
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) f.ree act and deed. �
~ NOTARY PQBLIC . .
. MY COMMISSION EXPIRES � � � �
� . . ' � .
Page 4 of 4