HomeMy WebLinkAboutResolution 43687223038
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RESOLUTION# .4 3 6 8
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STATE OF MI}rJ'ESOTA )
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COUNTY OF HENNEPIN )
CITY OF ORONO
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7223038 ();~:.~ ',. . .. ,. , ..
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I , Carole A. Haseman, Deputy City Clerk of the City of Orono, Hennepin County, Minnesota,
do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the
City of Orono with the original record of such resolution in the Minutes of the proceedings of said
City Council at a meeting of said City Council held on October 25 1999 , and that the
same is a true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this _ _,le...<.9 ..... th"---day of
November , 19 ----2.2_.
Carole A. Haseman, Deputy City Clerk
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
il \." '. .·.·:. NO. ... '-..) ( .. ~ ~ :
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE #2538
WHEREAS, Robert T . Jaffray and Victoria H. Jaffray (hereinafter "the
applicants") are owners of the property located at 540 Barrett Avenue within the City of Orono
(hereinafter "City") and legally described as follows:
Lots 16, 17, 18 , 19 , 20 and 21, Block 14 , Minnetonka Bluffs, Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, after due published notice and mailed notice in accordance wi th
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on October 18 , 199 9, at which times a ll persons desiring
to be heard concerning this app li cation were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10 .28, Subdivision 5 (B) to permit construction of dormers on the second
story of an existing residence , changing the roof line , loc ated 25' from the front/stre et lot line
instead of meeting the required 50' setback.
NOW, THEREFORE, BE IT RESOLVED b y the City Coun cil of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #25 38.
2 . The property is lo cated in the RR-1B, Lakeshore Residential Zoning District
requiring 2 acres in area. The property with combined Lots 19 , 20, and 21 and
separate ly owned Lo ts 15 , 16 , 17 and 18 consists of .88 acres or 38 ,700 s.f.
Page 1 of 6
CITY of ORONO
~ .• >..
~~< ~i>~ RESOLUTION 0 ~ T~~E-~l:Y COUNCIL
~~ NO. "Z i) {'r. 1 ;
3. The Planning Commission reviewed this application on October 18 , 1999 and
recommended approval on a vote of 7 to 0.
4. The Planning Commission made the following findings of fact:
A. The existing structure is located 25' from the street line.
B. Total lot area at 38 ,700 s .f. would allow 5,805 s.f. or 15% of lot
coverage. The proposed application remains at 1,667.69 s.f. or 8.6% of
lot coverage.
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 applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
6. The City Council has considered thi s application including the findings and
recommendations of the Planning Commiss ion, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
Page 2 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4: i:_ ,, -~
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings , the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit
construction of dormers on the second story of an existing residence, changing the roof line.
Approval was subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicants attached
to this resolution as Exhibit A. Any amendments to the site plan may require
further Planning Commission and City Council review.
2. Authorities granted by this variance 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 appro v al, or this variance
will expire on that date (October 25, 2000).
3. 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.
4. The undersigned applicants have read, understood and hereby agree to the terms
of this re solution 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 prope rty.
Page 3 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
4 ~3 f;. ~~~ NO. ______ _
Adopted by the Orono City Council on this 25th day of October, 1999.
Property Owner(
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrume nt was acknowledge d before me on thi s 25th day of
October, 1999, by Gabriel Jabbour & Linda S. Vee, Mayo r & City Clerk of the City of
Orono , a Minnesota municipal corporation and said instrument was executed on b ehalf of the
City.
Page 4 of 6
CITY of ORONO
RESOLUT ION OF THE CITY COUNCIL 4 ~~) ,.,. Q NO. a-· .z."3 ,i_"; ~--1
)
) ss.
COUNTY OF HENNEPIN )
On this c;2r1cl day of f Jo \le OJ her , 199~ before me a Notary Public within
and for said county, personally appeared /;1he cT T, .:T~y. Yh a r r-,·e.d .
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.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this J.J.~I) day of , 199 q b ore me a Notary Public within t -and for said county , personally appeared c... ii a_, 1 m ())vi I f.:
known to me to be the person(s) described in and who executed the oregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
Page 5 of 6
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