HomeMy WebLinkAboutResolution 30341�
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3034
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE #1694
WHEREAS, Douglas Merz (hereinafter "the applicant") is the
owner of the property located at 3195 Watertown Road within the City
of Orono (hereinafter "City") and legally described as follows:
Lot 1, Auditor's Subdivision No. 230, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances
to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit
the construction of a 161x23' addition to the re r or the south side
of the existing residence now located 1' off the ktreet side or east
lot line. The addition will extend no closer to the street lot line
than the existing residence. The improvement will require approval of
a street setback variance of 49' or 98%.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1694.
2. The property is located in the RR -1B Single Family Rural
Residential Zoning District requiring 2 acres in area. The
property consists of approximately 47,349 s.f. or 1.08
acres.
3. The Orono Planning Commission reviewed this application on
October 21, 1991 and recommended approval of the variance as
proposed based upon the following findings:
a) The house was built at current 1' setback prior to
current zoning standards.
b) The interior layout of existing residence would prevent
addition being placed to east side of residence.
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CITY of ORONO
�~ RESOLUTION OF THE CITY COUNCIL
_ES10 IVO. 3034
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c) Location of doors on detached garage requiring room
for turnaround prevents placing addition along east
side.
d) No other variances are required as a result of this
improvement.
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 recommendation 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.
CONCLDSIONS, 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,
10.28, Subdivision 5 (B) to permit the construction of a 161x23'
addition to the rear or south side of the existing residence located
at 3195 Watertown Road, subject to the following conditions:
1. Applicant to include structural modification of entrance
door to former first floor bedroom to be converted to den
with building plans for new construction. The structural
modification shall consist of the conversion of the standard
door entrance to an arched entrance.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3034
2. 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 (October 28, 1992).
3. 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.
4. 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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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3034
Adopted by the Orono City Council on this 28th day of
October, 1991.
1234
• ..- M - -
STATE OF MINNESOTA
• )
ss.
COUNTY OF HENNEPIN )
Barbara A. Peterson, Mayor
The foregoing instrument was acknowledged before me on this
28th day of October, 1991, by Barbara A. Peterson & �NKX)H& 11h01
Mayor & 96 tClerk of the City of Orono, a Minneso a municipal
corporation acii'dlS'aid instrument was executed on behalf of the City.
a. 44e'��
Notary Public
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Cr
OLS A. HASEMAN
NOY pumm— MNESOTA
J NNEPIN COUNTY
MY COMMissION EXPIRES a 2389do
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��kESH�g/
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. - 3034
On this o� day of (J der , 199 L
before me—a Notary Public within and for said county, personally
appeared boua 1 a S erz 61rii- 01Uj h ger known to me to be
the person(s) escribed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
NOTARY P
LINDA S. VEE
NOTARY PUBLIC -MINNESOTA
HENNEPIN COUNTY
My commission expires 8-12-8
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this 9� day of �G� /��� 199/, before me
a Notary Public within and for said County, personally appeared
iQ 2 erz `asnf ow er known to me to be the
ed in and who executed the foregoing instrument,
person (s) descri
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY EU -46
Le
MY COMMISSION
Page 5 of 5
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LINDA S. VEE
NOTARYHENNEPIN COUNTY MINNESOTA
My commission expires 8-12-96