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HomeMy WebLinkAbout1987-07-11 Resolution #2186I I mm City of OROIVO p-'m RESOLUTION OF THE CITY COUNCIL fe. vrsj ?fiRpNC NO. 2186 ii’"' i A RBSOLOTION GRANTING A VARIANCE TO municipal zoning code SECTION 10.25, SUBDIVISKm 6 (B) file #1140 "the applicants"/are the ^owners of Kachenmelster (hereinafter Point Road within the City of Oro^n«*^fh*^ located at 3035 Casco described as follows: ^ (herexnafter "City") and legally Northerly of^the^^follo^wing"de^s^cri^bed% 1 ^ lying Southeasterly corner of Tract b <n n Beginning at the Southwesterly along a line drawn throuah^fSurvey; thence shown on said Registered Land Survey 80 VI ®® intersection with the Southeasterly line°o/ A - of Lake Minnetonka, and there terminannshore Titles, County of Hennepin state nf files of Registrar of property"); and ^ ' ®^® Minnesota, (hereinafter "the Municipal Zoning Code *Section^ 1^0 City for a variance to construction of a second 4^ Subdivision 6 (B) to permit the which is located 7.1* from the side existing attached garage normally required. *'®>^® ® 10’ side setback il Minnesota:"^' THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning Pile #1140. “"’I* lake.hor. thtiV^ ‘5^* application on May t. following finding.. 'P'’"''** ‘"a Pfopo.«l variance based upon thi Une.’"* 9««9a 1« l-l' from the south eide property Mthod"to*e*pf!!d’the hone ”given thWAati appropriate lot end the exiatin, liXUr'^pircint.'^iV/Vo^™*" ““ Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. __^86 ____ C) There will be no resultant encroachment on any lake views from any neighboring property. D) There will be no significant impact on the quality or quantity of run-off to the lake as a result of this upward expansion. 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, rafety 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 demon­ strable 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. CONCLOSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance per Municipal Zoning Codr f.ection 10.25, ^>^?vdivi8ion 6 (B) to permit the construction of a second stc . addit^ n ov.: r the existing attached garage which is located 7.1^ from 'e ... .<t line where a 10' side setback is normally requir<j--i, subject to the following conditions: 1. Authorities granted with this resolution run with the property not with the applicants, 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 26# 1986). 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 applicants have read, understood and hereby agrees to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 2 of 4 I I t 1 pCIT^ roRowy f City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2186 ORONO ATTE ^pted by the Orono City Council on this 26th day of Mav, 1987 llin. City Clerk Property Owner(s Jamels R. GrabelT7 Mayor Page 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL MO. 2186 STATE OF MINNESOTA ) ) SS. COUNTY OP HENNEPIN ) On this _ day of _ _—_ _ _ _ _ _ _, 198'^ before me a Notary Public within and for said county^ personally appeared Hi A,#///,.../^ a- _ _ _ _ _ _ _ _ _ _ __ known to me to be thd person(s) described in and who executed the fore9oing instrument^ and acknowled9ed that he (they) executed the same as his (their) free act and deed. 9 THERtSA L. NAAB MOrrAMV AUMIO • MNMESOTA WeWMEWM COUNTY MY COMMISSION EXPIRES STATE OP MINNESOTA ) )S8. COUNTY OP HENNEPIN ) On this„ ^ M ,__ day of vTI l at_ _ _ _ _, 1987, before me a ^tary Public within and for said County, personally appeared __77>t;>->•>A t\ C><iT •fhi.-j.nt >yjg known to me to be the person(s) described in and who executed the fore9oin9instrument, and acknowled9ed that he (they) executed the same as his (their) free act and deed. CQUWTY f-(f' 9=3 MY COMMISSION EXPIRES Pa90 4 of 4