HomeMy WebLinkAbout#2309-variance-1987 � �
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�� ���� `� Cit� of ORONO
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` � R�SOLUTION OF THE CITY COUNCIL
NO. 2309
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A RSSOLOTIOAI GRANTYNG
A VARIANCE TO
' F4QNICIPAL ZONING CODE
SEC7PION 10.23, SIIBDIVISION 6 (B)
FIL$ #�220 � �
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WHEREAS, Robert Koehnen (hereinafter "the applican£`��' 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
WHEFdEAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the
construction of an addition to fhe existing residence located 22.1' from
the front lot line where a 50 ' front setback is normally required.
NOW, TB:EREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FIY�DINGS
1. This application was reviewed as Zoning Fil� #1220.
2 . The property is located in the RR-1B Single Family Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
November 16, 1987, and recommended approval of the proposed variance
based upon the foilowing findings:
A) No location abutting the house is allowable for constructing
an addition without a va�iance.
B) The proposed addition continues the front and rear lines of
• the existing house.
C) The nature of the proposed addition is not out of character
with the surrot�nding neighborhood.
D) The addition W� i1 result in no additional encroachment on
light, air or open space in the neighborhood and will have no
effect on neighboring properties.
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.
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1��"�� ��'i�� ' RESOLUTION OF THE CITY COUNCIL
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*� NO. 2309
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5.' """'The' City Council finds that �he 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 c�eman-
strable hardship or difficultyo is necessary to preserve a sub�tantial
property right of the applicant; and would be in keeping i�ith the
spirit and intent of the Zoning Code and Comprehensive Plan of the
City.
COIdCL�SYO2iS, ORDER AIdA CONDITIOAiS
Based upon one or more of the findings no�ed above, the Orono
City Council hereby grants a variance per Municipal Zoning Code Section
10.23, Subdivision 6 (B) to permit the cons�ruction of an addition to the
existing residence, such addition to be located 22.1' from the front lot
line where a 50' front setback is normally required, subject to the
following conditions:
l. Authorities granted with this resolution run with the property not
with the applicants, but are permissive only and must be exercised by
appiication for a building permit within one year of the date of
Council approval, or this variance will expire on that date (November
23, 1988 ).
2 . Violation of or non-compliance with any of the terms and
conditions of this resolution shall constitute a violation of the
zoning code, shall automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
3. The undersigned applicant have 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 23rd day of November,
1987 . ,
ATT�IT:
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D thy M allin, City Clerk Jam s R. Grabe , ayor
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Property Owner( s ) _
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-: ..,;� RESOLUTION OF THE CITY COUNCIL
'�' ���°� NO. 2309
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN ) �.. / �" �
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On this �d`� day of �� ► 19�
before me a Notary Public within and for said county, person ,lly
a p p e a r e d �O b-e.r'-�- `� VY1 i C'h.o � �� 0�{'1 rt4 Yl �l�S�O�9l_.Yl c�1 � �i� _
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.
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THERE3A L NAAB
�AqY pUeUC- MINNESOTA NOTARY PUBLIC
�E�dEsaPl'on'�O�N�s2
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MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 198 , before me
a Notary Public within and for said County, pe�sonally appeared
known to me to be the
person(s) described in and who executed the foregoinginstrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
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