HomeMy WebLinkAboutResolution 3096O�
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RESOLUTION OF THE CITY COUNCIL
�kESH0 NO_ 3096
A RESOLUTION GRANTING
A VARIANCE TO MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE #1719
WHEREAS, Henry Brantingham (hereinafter "the
applicant") is owner of the property located at 3185 County Road
6 within the City of Orono (hereinafter "City") and legally
described as follows:
That part of the west 371.31 feet of the Northwest Quarter
of the Southwest Quarter of Section 28, Township 118 North,
Range 23 West of the 5th Principal Meridian, lying south of
the centerline of Hennepin County State Aid Highway Number
6, Plat 5, per Document Number 3844152.
• (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 the addition to the south side
of the existing residence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1719.
2. The property is located in the RR -1B Zoning District.
3. The Orono Planning Commission reviewed this application
on March 16, 1992, and recommended approval of the
proposed variance based upon the following findings:
A. The existing house does not meet the 50' rear lot
line setback and no other add-on space is
available for this structure.
B. Expansion is limited to the north by the septic
system and limited to the east and west by mature
• vegetation. The existing water supply well limits
expansion to the west also.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3096
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 variances "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 would be in
keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono
City Council hereby grants a variance to Municipal Zoning Code
Sections 10.28, Subdivision 5 (B) to permit the construction of
the proposed addition to the existing residence, subject to the
following conditions:
1. Upon the filing of the building permit for the proposed
construction, applicant shall provide a final survey
including the proposed addition and existing water
supply well location.
2. Prior to the issuance of a building permit, applicant
shall provide proof that the well pit has been
abandoned and inspected by the Minnesota Department of
Health or evidence submitted indicating that the well
has already been abandoned and inspected.
3. 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
(March 23, 1993).
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3096
4. 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.
5. 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 City Council of the City of Orono,
Minnesota at a regular meeting held on the 23rd day of March,
1992.
ATST:
/b&i16thy M alli
rop t r(s
STATE OF MINNESO
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on
this 23rd day of March 1992, by Barbara A. Peterson & 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-UgWE3pTA ,
HENNEPIN COUNTY Notary Public
MY COMMISSION EXPIRES 8.2398
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STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ' 3096
On this A 3 -r--d-- day of M arch
before me a Notary Public within and for said county,
appeared Pen 1,,V Q ran-z`n a h ag--1 known
the person(s)—described and who executed th
instrument, and acknowledged that he (they) executed
his (their) free act and deed.
LINDA S. VEE
NOTARY PUBLIC -MINNESOTA
my commssion e'C`P���& aA9Y PUBLIC `
is
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
#1 19 9 �
personally
to me to be
e foregoing
the same as
On this /.S± day of Oar; / , 199_2, before me
a Notary Public within and for said County, personally appeared
Nancy A. 'erall -kli1 q r✓, known to me to be the
persons) described DY and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
LINDA S. VEE U
NOTARY PUBLIC -MINNESOTA NOTARY PUBLIC
HENNEPIN COUNTY
My commission expires a-12-98
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