HomeMy WebLinkAbout#4044-variance-1998 . �e
` 'Q�' ��I'
O O
�b�- CITY of OROND
,� �., ii
ti
�� �'�' RESOLUTION OF THE CITY COUNCIL
�9kESH�S�`� NO. e4 (1 1B. �1
A RESOLUTION GRANTING A VARIANCE
TO NIUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6(B),
FILE NO. #2336
WHEREAS, Bruce Newton (hereinafter "the applicant") is the owner of the
property located at 3580 Frederick Street within the City of Orono (hereinafter "the City") and
legally described as follows:
Lots 17 and 18, Block 2, Navarre (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for an after-the-fact variance
to Municipal Zoning Code Section 10.25, Subdivision 6(B) to permit the retention of a deck
replacement on the north side of the residence that encroaches into the required rear yard
setback.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2336.
2. The property is located in the LR-1C Single Family Rural Residential Zoning
District requiring .5 acre in area. The property consists of 14,000 s.f. or .32
acre.
3. The Orono Planning Commission reviewed this application on February 17, 1998
and recommended approval of the proposed variance based upon the following
findings:
1. The deck w�as a replacement of a previously existing one of similar size.
2. The rear yard functionally serves as the side yard.
Pa�e 1 of 4
r� �.
� O�
O O
��b- - 1'� CITY o� ORONO
I � � I
1
�� �,�' RESOLUTION OF THE CITY COUNCIL
t9kESH�4� NO. 4 {� � �
3. Allowing the deck to remain does not further encroach on the rear setback
line.
4. The City Council finds that the conditions existin� on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variances 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 applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; 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 applicants and the effect of the proposed variance on the health, 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 an after-the-fact variance to Municipal Zoning Code Section 10.25, Subdivision 6(B) to
allow a rear setback variance of 7.5" where 30' is required and 14.77' is existing to permit the
retention of a replacement of a previous deck.
1. Authorities granted by this variance run with the property not with the
applicants, 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 9, 1999).
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
� o�
0 0
�ab - CITY of ORONO
� ,� �. )
` ti ,
�� G'�' � RESOLUTION OF THE CITY COUNCIL
�9kESH�4� NO. a� � � �
4. The undersigned applicant has read, understood and hereby agree to the terms
of this resolution and on behalf of themself, their 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 9th day of March, 1998.
ATTEST:
-, _
`�� ^ �� �
(��yZG��✓ � �
Linda S. Vee, City Clerk Gabriel abbour, Mayor .
,�i�i�A���� , i.�� �� �G C�� ' �� �� _ - �• �:
Property O�vner (s)
STATE OF MNNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 9th day of March
1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
�`"t�i='.�� �� \ /.C�����./�`L�/l/.!-�YY'�
, �--� CAROLE A.NASEMAN Notary Public
� :4r :�� NOTAAY PUBUC-MINNESOTA
•� �i�.�;• HENNEPIN COUNTY
` My Commission Expires Jan.31,2�00
`,_�
Page 3 of 4
. _ �.
� O ' V
O O
�b - '� C ITY of ORONO
,� � ,
�� �'�' RESOLUTION OF THE CITY COUNCIL
�9kESH�4� NO. 4 � 4 4
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) /
On this��day of �'1/ , 199�before me a Notary Public within and
for said county, personally appeare . �
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.
�.,��, U��, �
NOTARY �UBLIC � <-��
c�'
' ��"•• ALYCE R STEFFEL
�'; r r` �; NOTARYPU�IC-MlNNE�OTA '
\o-ia :�`.• HENNEPIN COUMY
�'�',�� ° My Commiss!on Expires Jan.31,2C0;) ,
- -: :�
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN
On this�_day of��,(,�,�� , 199�before me Notary Public within and
for said county, personally appeared {��U�cu /��c:cu , v�
known to me to be the person(s) described in and who ex uted the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
��,
(
n � � � �— ; �
NOT Y BLI
t> ..:r, ; ALYCE R.STEFFEL ,
,
`' ' NOTARYPl�1�AINNESOU t
,3 .. �
'' e� - ' HBr1�M COUNTY
,: .
��_..�•°� My C�nmiss!on Fxpires Jan.31.2000
,_ . ��
Page 4 of 4