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Home My WebLink About#3905-variance-1997 � °� . � 0 0 � ! ��b. - CITY of URONO � � � RESOLUTION OF THE CITY COUNCIL �'� G~ . L�kESH�� . NO. � � O � A R�SOLUTION GRANTYNG A VARIANCE TO MUNICIPAL ZONYNG CODE SECTION 10.24, SUBDIVISION 5 AI�D SEC'�ION 10.22, SUBDIVISION 2 � FILE #2231 WHEREAS, Evan Anderson (hereinafter "the applicant") is owner of the property located at 1260 Spruce Place within the City of Orono (hereinafter "City") and legally described as follows: _ Lot 1, Block 10, Saga Hill Revised, together with that part of vacated Lake Street adjoining said Lot 1, Block 10 as shown on the survey attached to the notice of vacation in Book 848 of Miscellaneous, page 596, Doc. No. 3213583, filed in the office • of the Register of Deeds, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance from Municipal Zoning Code Section 10.24, Subdivision 5 and Section 10.22, Subdivision 2 to add a roof over existing non-structural hardcover, a concrete slab, at the front entrance. A variance in the 75- 250' setback area to increase hardcover from 3,683.95 s.f. (48.3%) to 3,723.95 s.f. (48.83%) where 1,906.5 s.f. (25%) is required. NOW, T�REFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: . - FINDIl\TGS l. This application was reviewed as Zoning File #2231. 2. The property is located in the LR-1B, One Family Lakeshore Residential Zoning . District where the minimum lot area requirement is 1 acre. � � 3. The Orono Planning Commission reviewed this application on May 19, 1997, and recommended unanimous approval of the proposed variance(s) based upon � the following unique fmdings and hardships: • Page 1 of 4 � � � O� O O � �b. - . CITY of ORONO � F '� RESOLUTION OF THE CITY COUNCIL . ��kE HOSti`�'G . N O. 3 � O � - � S � A. The property does not meet minimum lot area or lot width requirements. � B. The proposed improvements aze to the street side of the existing residence. � C. The improvements will be placed over existing non-structural hardcover. D. Due to the climate, a roof over an entryway is reasonable. 4. The City Council fmds that the conditions existing on this property are peculiar to it and do not apply generally to other properiy 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 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a hardcover variance per Municipal Zoning Code Section 10.22, Subdivision 2 to pernut the addition of a roof over e�sting non-structural hardcover, a concrete slab, at the front entrance, 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 (May 28, 1997). • Page 2 of 4 � ' r , , � O ' v O O � . ��b. - C ITY of ORONO � ' ti � '� RESOLUTION OF THE CITY COUNCIL . ��kE H�4�'� . NO. � A.��— . � S � 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 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 27th day of May, 199'7. A EST: . � , � . Dorothy M. lin, City Clerk Ga el abbo , Mayor 1 . /- Properry Own r(s) STATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of May, 1997, by Gabriel Jabbour & 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. . �� . �.• JAMIE L.GEMAR '��O N�pTARYP�INNESOTA No ubliC � • . ' 1�!liEPl�l GaUNTY , �•,�.•r My CommissiOn 6�ites Jan.31,2000 • . Page 3 of 4 , .--� � O� O O • ��b. - CITY of ORONO - � ' � ti '� RESOLUTION OF THE CITY COUNCIL ��`q.kE p4�'� . N O. � � � .'ra � SH STATE OF MINN�SOTA ) ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on flus 28th day of April, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � � On this 1� day of��(�.n� , 199Z before me a Notary Public within and for said county, personally appeared �f �� ., n��erSo� I'1�Q.rT:e known to me to be the person(s) described in an who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. ° '�'•; LINDA S.VEE :`-' `�' • NOTARY PUBLIC-��IINNESOTA - � �'� '' � HENNEPIN COUNTY � �_ .. `�°��'`• My Commissian Expires Jan.31,2000 � �Z�� ' NOTARY PUBLIC STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this 5� day of 199� before me a Notary Public witluil and for said county, personally app •ed �'�� ,a�v�r,Q 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. � . � � ,,:_ MOTJW�1rlI�l1C-MNNNESOTA • ��Y NO Y PUBLIC �!►.C�M�liew 8epii�,�n.31,ZOOo Page 4 of 4