HomeMy WebLinkAbout#3916-variances-1997 r
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b - CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
SII 0 NO. 3 9 16
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (B) AND
SECTION 10.03, SUBDIVISION 9 (C)
FILE NO. 2233
WHEREAS, Walter Holzer (hereinafter "the applicant") is the owner of the
property located at 1130 North Shore Drive West within the City of Orono (hereinafter "the
City") and legally described as follows:
That part of the W 1/2 of the NW 1/4 of Section 7, Township 117, Range 23
West of the Fifth Principal meridian described as follows: Commencing at the
Northwest comer of said Section; thence Easterly along the Northerly line
thereof a distance of 402.5 feet; thence Southerly a distance of 2,124.4 feet
along the North and South line that will intersect the East and West.Quarter
Section line of said Section 7, 396.5 feet East of the West Quarter post of said
Section 7 which shall be the point of beginning; thence continuing Southerly
along said line a distance of 100 feet; thence Westerly and parallel with the
Northerly line of said Section to the Westerly line of said Section; thence
Northerly along said Westerly line to the intersection with a line drawn from the
point of beginning parallel with the North line of said Section; thence East along
parallel line to the point of beginning, according to the U.S. Government Survey
thereof, Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.03, Subdivision 9-Accessory Buildings, (B)-Height Restrictions and ,
Section 10.03, Subdivision 9-Accessory Buildings, (C-2)-Area Restrictions to permit the
construction of an accessory structure 1,000 sq. ft. in size and 30' in height where 11' 6" in
height is required. Variances for the height of an accessory structure to exceed the height of
the principal residence are required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
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O
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b CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�9kESH0 NO. 31 9 16
FINDINGS
1. This application was reviewed as Zoning File #2233.
2. The property is located in the LR-1B Single Family Lak_shore Residential
Zoning District where the minimum lot area required is one acre.
3. The Orono Planning Commission reviewed this application on June 2, 1997 and
June 16, 1997 and recommended approval of the proposed variance(s) based
upon the following unique findings and hardships:
A. The zoning lot is .91 acres and does not meet the lot area or width
requirements.
B. The proposed accessory structure meets the yard setback requirement.
C. The height of the principal structure is 11' 6".
D. The Zoning Code limits accessory structures to 1,000 sq. ft. on zoning
lots less than two acres in size.
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 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 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 proposed variance on the health, safety and
welfare of the community.
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O
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b CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
S1 NO. 8 9 1 6
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a height variance for a 1,000 sq. ft. accessory structure not to exceed a maximum height
of 30' per Municipal Zoning Code Section 10.03, Subdivision 9 (B) and Section 10.03,
Subdivision 9 (C) to permit construction of a 1,000 sq. ft. accessory structure not to exceed
a maximum height of 30', 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 (June 23, 1998).
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.
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 City Council of the City of Orono, Minnesota at a regular
meeting held on the 23rd day of June, 1997.
A ST:
Dorothy INV U. H lin, City Clerk Gabrie Jabbour, Mayor
Property Owner
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� O _Y
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CITYof ORONO
b
RESOLUTION OF THE CITY COUNCIL
,suog� NO. 3916
STATE OF MINNESOTA )
ss.
COUNTY OF.HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of June,
1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono,
a Minnesota municipal co oration and said instrument was executed on behalf of the City.
JAMIELGEMM
• My Comb""iftal.20
Notary. ub is
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of 199 before me a Notary Public within
and for said county, personally ap ed - '- nom-'
known to me to be the persons described in and who exe6dtedthe for ` ing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
e
T"'• JAMIE L GEMAR
• NO Mr MUC-MINNMA �i�
•'�" W CWff 6 N .20W N ARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_ before me a Notary Public within
and for said county, personally appeared
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.
NOTARY PUBLIC
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