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HomeMy WebLinkAbout#2991-variances-1991 ' ' � � �1�\ , � � .� � \ . ;, O �_ O �;, �. . �� � � - �.� C ITY of 4RON0 �� ,� ,���r� �, �� �\�� �, � ^��� �����" �ti ,; V\� ����I���.�,��_ �'�' � RESOLUTION OF THE CITY COUNCIL � ����'�'����ti-L�,�'��j �kES�H�g N O. 2 9 91 A RESOLDTION GRANTING VARIANCES TO MUNICIPAI� ZONING CODE SECTION 10.24, SIIBDIVISION 5 (B) AND SECTION 10.03, SIIBDIVISION 12 FILE #1656 WHEREAS, Donald L. Meyer (hereinafter "the applicant") is the owner of the property located at 485 Park Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 5, 6 , 7 and 8, Block 2, Minnetonka Summit Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit an addition to the rear/west side of structure to be located 7' instead of the required 10' from the side lot line and a variance to Zoning Code Section 10.03, Subdivision 12 as addition wil 1 be located 9' from an existing detached accessory structure rather than the required 10' separation. NOW, THEREFORE, BE IT R$SOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File �1656. 2. The property is located in the LR-1B Zoning District. 3. The Orono Planning Commission reviewed this application on July 15, 1991 and recommended approval of the proposed variances based upon the following findings: A. Building in any other direction would require even more severe variances. The existing residence is located 7' 2" from north side lot line, 13' from street lot line and 9' from the existing detached garage. Page 1 of 4 � � � o � � o ::, o � - _ _. ���:�a� CITY of ORONO �� � � � ��r�����. � . � }, �b ✓— �����t�";�;-` �`�,, G'�' RESOLUTION OF THE CITY COUNCIL �kESfI��� N O. 2 9 91 B. Existing house was placed on property prior to zoning standards . C. The existing residence structure is located 7' 2" from the north side lot line. The proposed addition will extend no closer than 7' . 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 we 1 f are 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 grantinc� the variance would not adversely affect traffic conditions, Zight, 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. 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 10.24, Subdivision 5 (B) and Section 10.03, Subdivision 12 to permit the construction of a 26' x 26.2' single story addition to west or rear side of existing residence approving a setback variance of 3' or 30$. The addition will be located 9' from a detached accessory garage instead of the required 10' separation approving a 1' or 10$ setback variance, 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 (July 22, 1992). � _ , Page 2 of 4 � o� o_ ;� o - �_ .. ���;�� C ITY of OROl�O �.� �, �''������=� ti `:9.. h�... � � � ` �`� �'�' RESOLUTION OF THE CITY COUNCI L ���kESII�4� NO. 2991 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 hereb ayrees to the terms of this resolution and on behalf o� 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 22nd day of July, 1991. ATT T: � • . 0 othy M. H llin, City Clerk Barbara A. Peterson, riayor � � I�\ roperty wner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of July, 1991, by Barbara A. Peterson & 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. i THERESA �» WNE OTA �l� • NOTARY PUBUC M ' �E�,�;,��,��r;N9.TeY-sz Nota �Public � Page 3 of 4 � _ , . � � . � O ' V � �„a�. � � � .. .. `�'-� ��- � C ITY of ORONO �}� � ��������, � �` �7g � � ,j�� ti "`�'�' '.;p3,` r Y, :6'"`" �'�, ''��'�� �:�. RESOLUTION OF THE CITY COUNCIL ��kES8�4� N O. 2 9 91 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this o��n� day of � � , 199I before me Notary Public within and for aid county, per onal�y �PPeared 0. / L-. �- �C2�i . 1 �� �- S known to me to be the person(s described a d wno execute tne foregoing instrument, �nd acknowledged that he (they) executed the same as his (their) free act and deed. � NOTARY 'iHERESA 1.. NAAB � _ ARY P�18UC'MINNESOTA =� �HENNEP�N COUN'TY :��'�,: My�",,,issloe exPiros aa-92 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COIINTY OF HENNEPIN ) On this d�y of , 199 , before me a Notary Public within �nd for said County, personally appeared known to me to be the person ( s describe in and who executed the . foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION -•EXPIRES � Page 4 of 4