HomeMy WebLinkAbout#2949-variance-1991 „ . .*.
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� f�'"��J�;1� �, G' RESOLUTION OF THE CITY COUNCIL
�`91kES�H.p4�� NO. 2 9 4 9
A RESOLDTION GRANTING
A VARIANCE TO
MIINICIPAL ZONING CODE
SECTION 10.24, SUBDIVISION 5(B)
FII.B #1622
WHSREAS, F. John Hardin (hereinafter "the applicant") is the
, owner � ere naf tere"City�) andd legal ly descr bed as f l lows:he City of
Orono (h
Lots 4 and 5, Block 14, Saga Hill Revised, Hennepin County,
Minnesota also commencing at the Southwest corner of Lot 4, Block
14, Saga Hill Revised, Hennepin County, Minnesota; thence South
to the Northeast corner of Lot 6, Block 14; thence 54.4 feet East
to the West line of Lot 94, Highwood Lake Minnetonka; thence
North to the intersection with the Northerly line of Lot 4, Block
14 extended; thence Northwesterly to the point of beginning,
(hereinafter "the property"); and
WHERSAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.24, Subdivision 5(B) to
permit the construction of room and porch additions to the existing
residence, such additions being located 28' from the front lot line
where a 35' front yard setback is normally required.
NOW, THEREFORE, BE IT RESOLV$D by the City Counci 1 of Orono,
Minnesota:
FINDINGS '
1. This application was reviewed as Zoning File #1622.
� 2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
March 18 and 20, 1991, and recommended approval of the proposed
variance based upon the following findings:
�
a) The proposed variance will have no impact on the
neighborhood, and the proposed setback is not out of
character with other houses in the neighborhood.
b) The existing house was built prior to current Codes
requiring 35 ' front setback.
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c ) The existing house location and room layout are
hardships to the property which justify the granting of a
variance.
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 difficu lty; 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 the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.24, Subdivision
5 (B) to permit the construction of porch and room additions per the
proposed plan, allowing a front yard setback of 28' where a 35' front
yard setback would normally be required, subject to the following
conditions:
1. In granting this variance, it is the intent of the Council
that no further encroachments toward the road be allowed for this
property.
2. 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 Counci 1 approva 1, or this variance wi 1 I expire on
that date ( April 8, 1992).
3. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of the
zoning code, shal 1 automatically terminate any authority• granted
herein, and shall be punishable as a misdemeanor.
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�`9�ES�Kp4� NO. 2 9 4 9
4. 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 Sth day of April,
1991.
AT ST:
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Do othy M. allin, City Clerk Barbara A. Peterson, Mayor
Prop ty Owner(s )
STA•TE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
8th day of April, 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.
� THERE3A L NAAB G���
�dCfARY PUBUO.MINNESpTA
�q��;,y�;,�N� Notary Public
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� f i `;� I� ��,�, `��' RESOLUTION OF THE CITY COUNCI L
,j� �,.���_. �e�G. ` NO. 2949
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On thi s ��'j "'�' day o f �� , 19 9�
before me Notary Public within and r said county, personally
appeared . � � ' / , , known to me to be
the person(s) described i 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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TFIERE3q /VG4 C�a%"
�NEPIH��NAB L�'�_
00�on��� NOTAR PUBLIC
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 199 , before me
a Notary Public within and for said County, personal ly 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
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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