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Home My WebLink AboutResolution 4531 i� /� �� • � .. � , ��b. - CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��`qltE p4�'� NO. � � � `�' .�. . . sx . A�RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZQNING CODE , SECTION 10.27. SUBDIVISION 5(B), ' ' FILE NO. 2608 WHEREAS,Philip A. Skoog and Kaxen S. Skoog,(hereinafter"the applicants")are the owners of the property located at 280 Tonka Avenue within the City of Orono (hereinafter "the City") and legally described as follows: Lots 9 and 10, Block 2, Lot 18, Block 5, "Bayside Addition to Lake Minnetonka", and that part of Hill Street vacated which lies between the Southerly extensions of the East and West lines of said Lot 9,Hennepin County,Minnesota(hereinafter"the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal . Zoning Code Section 10.27, Subdivision 5(B) to allow a�rear yard setback of 39' where SO' is required for a dining room addition to the rear of the residence and MunicivaLZonin�C_o.de_S.e.c.tion I � ► , , . i 5IGNATURE WITNESS AFFIDAVIT("witness jurat") State of � County of �Q ` �� o� � �.D I, �,� � ��BD� , certify that � .� � �� signed the foregoing document willingly and freely in my presence and that the signature is genuinely his/hers. SigIIStuie Of Elfflant(and address if necessary) Subscribed and sworn to before me this Co�h day of �'t.es'✓►hG2 ,20 !�/ , by �l�C f-l�L �/�� . RAt�ffl DOD('E ��-� �� ,�7c��-e, NO�ARYPU6tlC•I�NE.'�TA Notary Signature Yf►C,amifwbnE�btdsn.31�2005 , � Attribution Clause:This Certifzcate is prepared for,and exclusively belongs to, the accompanying document entitled _,which consists of page(s)and is dated If this Certifccate is appropriated to any document other than the one described herein, it shall be deemed null and void. � Copyright 2001 by the Notary Law Insdtute. Unauthorized reproducdon of any kind of Uris form is strictly prohibited. �� \ - , i ��_ � O� � O O ��b. - . CITY of OROND � � '� RESOLUTION OF THE CITY COUNCIL ��`�kE Hp4L�'G NO. � � Q� �. S and recommended approval by a vote of 7 to 0. , 4. The Planning Commission made the following findings of fact: ' A. The %2 acre lot is small compared to the LR-lA zoning district 2-acre � standard. B. Hardcover in the 500-1000'zone will increase to 13.3%,remaining below the allowed 35%. C. Structural coverage on the property will increase to 9.9%,remaining below the allowed 15%. D. The residence was built prior to current zoning standards. • � E. The neighboring residence adjacent to the proposed setback encroachments are su�ciently distant so as to be not negatively impacted by the encroachment. 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 will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring properly; 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 this application including'the findings and recomtnendations of the Planning Commission,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 5 � °� . • � ° ��6. - CITY of URON4 � ti � '� RESOLUTION OF THE CITY COUNCIL ��9.kE p4�'G NO. � � � �.� ��. SII . CONCLUSIONS, 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 10.27, Subdivision 5(B)to allow a rear yazd setback of 39' where 50' is required for a dining room addition to the rear of the residence and Municipal Zoning Code Section 10.27, Subdivision 5(B) to allow a front yard setback of 43' where 50' is required to allow a two stall detached garage to the south side of the residence. Approval is subj ect to the following conditions: 1. Council approval is based on the site plan submitted by the applicant 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 approval,or these varianees will expire on that � � � date (October 9, 2001). 3. Violation of or non-compliance with any� of the terms and conditions of this variance shall constitute aviolation ofthe 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 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. Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 9th day of October, 2000. � . • Page 3 of 5 /� q � O� . s � � ��b - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��`qkE p4�G . � NO. � L�. � � � SH ATTEST: y,. L,inda S. Vee, City Clerk Gabrie abbour, Mayor �`..k° � -� Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was�acknowledged before me on this 9th day of October,2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed o behalf of the City. � ' 'c STATE OF MINNESOTA ) ifElDt N.STURMqry ) ss. . No�r�RY�.e,�,p,�sor� COUNTY OF HENNEPIN � ��p6saJan.31,2oos On this ��7�h day of �� 7�`��'e , 2000, before me a Notary Public within and for said County,personally appeared � �• .S 6 o a a� Xa r2�N 5•SK�o vna�e�rP�known to me to be the person(s)described in and who executed t foregoing instrument,and acknowledged that he (they) executed the same as his (their)free act and deed. . ��'� t� . . STATE OF MINNESOTA ) �Y�� • ) ss. tro�t'NnrntieuC•Mtat�,sot� COUNTY OF HENNEPIN ) M'��"�'"'��'� On this day of ,2000,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 Page 4 of 5 � ' ' Exhibit A • '� G �j � � I . , � • � �: . 5f?'�°48'f )25.25 -.. 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