HomeMy WebLinkAbout#2873-variance-1990 . r. �;
- C�ty o� ORONO
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RESOLUTION OF THE CITY COUNCIL
� NO. 2873
• - • •
A R$SOLIITION GRANTIPG
A VARIANC$ TO
MUNICIPAL ZONIPG CODE
S$CTIONS 10.28, SIIBDIVISION 5 (B)
AND 10.03, SIIBDIVISIOP 14 (C)
FILE 1581
WHEREAS, Robert Roehnen (hereinafter "the applicant") is
the owner of the property located at 537 Hanlon Avenue within the City
of Orono (hereinafter "City") and legally described as follows:
Lots 4 , 5 and 6 , Block 14 , Minnetonka Bluffs, Hennepin County,
Minnesota (hereinafter "the property") ; and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Sections 10.28 , Subdivision 5 (B)
and 10.03, Subdivision 14 (C) to permit the construction of deck and a
gazebo, such improvements being located less than the required 50'
setback from the front street lot line, and . such improvements
increasing lot coverage above the 15� lot coverage limit normally
required.
NOW, THER$FORE, BE IT RESOLVED by the City Council of Orono,
Minnesota :
FINDINGS
1. This application was reviewed as Zoning File 1581.
2. The property is located in the RR-1B Single Family Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
August 20, 1990 , and recommended approval of the proposed
variance based upon the following findings:
a) The deck and gazebo locations wi 11 not tend to be out of
character with this neighborhood of small lots, and will be
essentially in line with the front line of the existing
house.
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, _ _ ,� _ Cit� of ORONO
1��., �
� ., RESOLUTION OF THE CITY COUNCIL
• NO. 2873
• - • �
b) The proposed deck and gazebo will not have an impact on
the visual density of the neighborhood, therefore approval
of the lot coverage variance is appropriate, the hardship
being the size of the lot.
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.
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 s.pirit and intent of
the Zoning Code and Comprehensive Plan of the City.
CONCLIISIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Sections 10.28, Subdivision
5 (B) and 10.03, Subdivision 14 (C) to permit the construction of a
deck located 17' from the street lot line and a gazebo located 33'
from the street lot line, where a 50' street lot line setback is
normally required, and which improvements will increase lot coverage
to 15.35$ of the property where only 15$ lot coverage is normally
allowed, subject to the following conditions:
l. 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 10, 1991).
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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._ � Clt� of ORONO
RESOLUTION OF THE CITY COUNCIL
• NO. 2873
• - • •
3. 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 Orono City Council on this lOth day of
Sept mber, 1990.
ATTEI T: _ ,^� /^ �'� ��
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orothy allin, City Clerk JamQs R. Grabek, yor
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Property Owner(s ) L
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
lOth day of September, 1990 , by James R. Grabek & 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.
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b.�c� Nry�mNdss�o� exP ;
y=-, My Commission Expires '
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p .=� Clt� of OR,ONO
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�fr' �,�' .. RESOLUTION OF THE CITY COUNCI L
a NO. 2873
• - • •
STATE OF MINNESOTA )
) ss.
COiTNTY OF HENNEPIN )
On this �� � day of �S� �P�;^ �'� � , 19 9�
before me a Notary Public within and f r said county, personally
appeared ��p�e�'f d- 1�1�1 � � N p � �n-� h�n ��t� ' v''''r�e� known to me to be
the person( s ) descr�bed in and who executed the foregoing
instrument, and ac!cnowledged that he (they) executed the same as
his (their) free act and deed-
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NOTAR P
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MY COMMISSION EXPIRES
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
da of , 199 , before me
On this y ersonally appeared
a Notary Public within and ror said Cok ow�n Pto me to be the
person(s ) describea that dheh ( they) texecuted thel same tasm hi s
and acknowledge
(their) f ree act and deed.
NOTARY PIIBLIC
MY COMMISSION EXPIRES
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