HomeMy WebLinkAboutResolution 3016CITY,of ORONO
RESOLUTION OF THE CITY COUNCIL
3016
A RESOLUTION GRANTING
A VARIANCE TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (D)
FILE #1673
WHEREAS, Daniel J. Kluth (hereinafter "the applicant")
is the owner of the property located at 2801 Fox Street within
the City of Orono (hereinafter "City") and legally described as
Lot 1, Block 3, Farview, Hennepin County, Minnesota (hereinafter
"'the property") ; and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.03, Subdivision 9
(D) to permit a detached garage to be located in front of the
front lire of the principal structure located 100' from the
street lot line where the existing principal structure is located
116' 6".
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1673.
2. The property is located in the LR-lA Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on August 19, 1991 and recommended approval of the
proposed variance based upon the following findings:
a. House has been placed to the extreme rear of the
lot.
b: House has been placed at an angle to the front
street setback line.
C. To locate garage either behind the front street
setback line of the house or to the south end of
the driveway would require the removal of dense
foilage and a mature black walnut tree.
d. The garage will be shielded by mature vegetation
in the proposed location to both the west and
• south lot lines.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3016
4. 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.
5. 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 variance on the
hea 1 th; safety and welfare of the community.
• 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
Section 10.03, Subdivision 9 (D) to permit construction of a
detached garage to be placed in front of the front line of the
residence for the property located at 2801 Fox Street 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 Council
approval, or this variance will expire on that date
(September 9, 1992).
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.
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Minnesota
199
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3016
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,
at a regular meeting held on the 9th day of September,
llin, City Clerk
s
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
Barbara A. Peterson, Mayor
--t�&
The foregoing instrument was acknowledged before me on
this 9th day of September, 1991, 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.
EVLINDA S. VEE
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My commission expires 8.12-8
Nota y Public
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STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3016
On this q 4 day of 5�ea -more-r , 199j
before me a Notary Public within and for said county, personally
appeared p nr21 T KILA, '10,1 v1+ 0W;1err 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.
LINDA S. VEE
RNOTARY
COUNTY TA
mission expires &12-96
q
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
�% I N , &Z�
NOTARY PUBLIC
On this %/ 'A day of SeD71fM,d•2,'-- , 1991, before me
a Notary Public within and for Said County, personally appeared
onna- HIUM ; a int 00)"(7r -r 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.
LINDA S. VEE
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My commission expires 812-96
0
OT RY PUBLIC
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