HomeMy WebLinkAboutResolution 4548 .
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'�' RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING A VARIANCE
TO MLTNICIPAL ZO1vING CODE
SECTION 10.03. SUBDIVISION 9(D), .
SECTION 10.25, SUBDIVISION 6(B), �
� FILE NO.2620
WHEREAS, Paul J. Pascuzzi, (hereinafter "the applicant") is the owner of the
property located at 3320 Navarre Lane within the City of Orono(hereinafter"the City")and iegally
described as follows:
Lot 1,WILEY'S NAVAItRE ADDITION, Hennepin County,Minnesota(hereinafter
. "the property"); and
WHEREAS,the applicant has applied to the City for a variance to Municipal Zoning
Code Section 10.03, Subdivision 9 (D)and Section 10.25, Subdivision 6(B)to allow placement of
• an accessory structure between the principal building and the front lot line where no accessory
structures are normally allowed and 15' from the front lot line where 30' is required; and
WHEREAS, �after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on October 16, 2000, at which time all persons desiring to be
heard concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
• FINDINGS
� 1. This application was reviewed as Zoning File#2620.
2. The property is located in the LR-1C Zoning District,where '/2 acre or 21,780 s.f.is
the minimum required lot area. The property consists of approximately .16 acres or
. 7,139 s.f.
3. The Orono Planning Commission reviewed this application on October 16,2000 and
recommended approval by a vote of 6 to 0. ,
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. 4. The Planning Commission made the following findings of fact:
A. The topography of the lot limits where the accessory structure can be located.
The front yard is flat for approximately 25 feet and then becomes very steep.
B. The properly does not have access from the rear. Navarre Lane is not a
. heavily traveled street and is the only access to the property.
� C. The location of 15'from the front properry line and 10'from the side properry
line will not impact neighboring properties.
5. The City Council finds that the conditions existing on this properiy 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
hazazd or other danger to neighboring properry; 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.
6. 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
variance to Municipal Zoning Code Section 10.03,Subdivision 9(D)and Section 10.25,Subdivision
� 6(B) to allow the proposed accessory structure to be �located nearer the front lot line than the
. principal building where no accessory structure is allowed and 15'from the front lot line where 30'
is required. Approval is subject 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.
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2. Authorities granted by this variance run with the properry not with the applicant,
but are permissive only and must be exercised by application for a building pernut
within one year of the date of Council approval,or these variances will expire on that
date (October 23, 2001).
3. Violation of or non-compliance with any of the terms and conditions of this
variance 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 applicant has read, understood and hereby agrees to the terms of
this resolution and on behalf of himself, his heirs, and his successors and assigns,
hereby agrees 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 23rd day of October, 2000. � � .
ATTEST: �
�
Linda S. Vee, City Clerk Ga ' ur, ayor
Property Owner(s) /
STATE OF MINNESOTA � ) �
. ) ss. .
� COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd 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 exeeuted on behalf of the City.
No Pu ic
MARY ANN JOHNSON
• ��v�usuc•MUV►�sou Page 3 of 5
�Cam�laion ExPlrea Jan.31,2005
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,� G'� RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
. ) ss.
COUNTY OF HENNEPIN )
On this .S�" day of �o ��' rrt�C>� , 2000,before me a Notary Public withiri and
for said County,personally appeared -�q ct./ � . �G 5 c a Z�-i , Si`nalP known
to me to be the person(s)described in and who executed the foregoing instrument,`�nd acknowledged
that he (they) executed the same as his (their) free act and deed.
Notary Pu ic
STATE OF MINNESOTA ) ���
) ss. MARY ANN JQ}iNSON
COUNTY OF HENNEPIN ) �������
y►co�o�+�,�rn�,an.3�,zcos
� . 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
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