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Home My WebLink AboutResolution 4318 f � � O� . . � O O ��b - CITY of ORONO � � � '� RESOLUTION OF THE CITY COUNCIL , ��kE I�p4'�G � � . NO: � � �. � .. . . . S . . . . . . A R�SOLU�'ION G�RANTING VA23IA1VCES TO li�YUNICIPAL ZO1o1ING CODE . SECTION 10.03, SiT�IDIVISIONS 12 ANID 15 (F') � AND S�CTgON 10.25, SUBIDIVISION 6 (B) �Id�E #2496 � W�EREAS, Patrick D. O'Flanagan and Jeanne L. O'Flanagan (hereinafter "the applicants") axe owners of the property located at 3895 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: That part of Government Lot 2, Section 17, Township 117, Range 23, described as beginning at a point on the North line of said Government Lot 2 distant 1179.75 feet � West from the meander. corner on said North line; thence West along said North line • � 52 feet; thence South at a right angle 148.5 feet; thence East at a right angle 52 feet; � thence North at a right angle 148.5 feet to the point of beginning, Hennepin County, Minnesota (hereinafter "the property"); and WHEI2EAS, 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 7une 21, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and W��2EAS, the applicants have applied to the City for variances to Municipal � Zoning Code Section 10.03, Subdivision 12 to permit construction of a 6' wide deck between the e�sting residence and the detached garage where 10' is required between an accessory and � main structure; Section 10.03, Subdivision 15 (F) to permit the detached gazage to be located 6' from the side lot line where 10' is required; and Section 10.25, Subdivision 6 (B) to pernut the construction of a deck 24' from the rear lot line where 30' is required. � NOW, T��FOl�, BE IT 1tESOI.�IED by the City Council of Orono, Minnesota: � Page 1 of 6 � °� . � � • � � . ��e - . CITY of ORONO � � ,� G'� RESOLUTION OF THE CITY COUNCIL � � ��kESI�OS�c� � � � � � � NQ �� . . . � �INDING3 1. This application was reviewed as Zoning File #2496: � 2. The property is located in the LR-1C Zoning District, where .5 acre or 21,780 s.f. is the minimum lot area. The property consists of .28 acre or 6,032 s.f. 3. The Planning Commission reviewed this application on June 21, 1999 and recommended approval on a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A. The lot is unusually small and narrow for the LR-1C zoning district. � . B. .The property is not currently served by a garage and there is not another • � location for it on the property. � 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 trai�ic 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 this application including the. findings and � , recommendations of the Planning Commission, reports by City sta.ff, comments : by the applicants and the effect of the proposed variance on the health, safety and welfaxe of the community. � • Page 2 of 6 �-- � O� • O O ��e. - CITY of ORONO � � ti �,� G'� RESOLUTION OF THE CITY COUNCIL � . ��kESI3�� . � � � �NO. �.e� �' � °" . . CONCI,USIOIVS, ORDER ANl➢ COl�TIDI'TIOl�S Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivisions 12 and 15 (F) and Section 10.25, Subdivision 6 (B) to permit construction of a 6' deck between the detached garage and residence. Section 10.03, Subdivision 15 (F) to permit the detached garage to be 6' from the side lot line. Section 10.25, Subdivision 6 (B) to permit the construction of a rear deck to be 24' from the rear lot 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 Fxhibit A. Any amendments to the site plan and/or � hardcover 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 pemut within one year of the date of Council approval, or this�variance � will expire on that date (7uly 12, 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 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 3 of 6 � °.�,. � � . � � � ��,. - CITY of ORONO . � F '�' RESOLUTION OF THE CITY COUNCIL � ��.kE p4��'� �: , . NO. � 4�� .�� .- . � � . SI3 . . . . . . Adopted by the Orono City Council on this 12th day of July, 1999. ATTEST: �� . . Linda S. Vee, City Clerk Gabn �7abbour, May . �_ i�� Property Owner(s) STATE OF NlINNESOTA ) ) ss. � • COUNTY�OF HENNEPIN ) . . . . The foregoing instrument was acknowledged before me on this 12th day of July, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ��l/y�o J ( �. �i��J CAROLE A.HASEMAN Notary Public NOTARY P1�LIC-MtNNESOTA e,�y�prtpn�bn Exp�Jan.31,2005 . � • . • Page 4 of 6 . I . �_ � O� � . ' ., � O O , ' � - � ��. - C ITY of ORONO ; � � ti � ' • ' �'� .. ��: G'� � : _ � . �� RESOWTION OF THE C1TY�COUNCfL ..� '.' � � . � .� �� kESH�4�' � � .. . � � . , � �NO.: 4 0`� 1�� '� � �� STATE OF 1VIINNESOTA ) . . ) ss. ' COUNTY OF HENNEPIN ) . • ,Zoao • � On this�nc� day of l�-(�re ti _, 1�9 before me'a Notary Public withi_n and for said county,personally appeazed_.�-�-(-r.;�I C D. O'T l�H��, M rr� , � known to me to be the person(s) described in and who executed e foregoing instrument,and aclaiowledged th�t he (they) executed the same as his (their) free act and deed. � �.-�.--�::.�--..�.s � � GAROLE A.HASEMAN ' . �� NOT Y PUBLIC STATE OF MINNESOTA ) . � � � , . � . � � � � , � . . ) ss. . . . � . � . COUNTY OF HENNEPIN ) . � � On this �d day of � , 1-�99 a before me a Notary Public within and for said counry,personally appeared ` �a h 'ed known to me to be the person(s) described in and who execute` the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. •>�. � CAROLE A.HASEMAN 1�ti��( / • �V °D��-�'`� . — �. nror�rtY wsuc-r�Nr�soTA � NOTARY�PUBLIC� . . . � ' Aly Carrrnbsion Eicp(r�Jan.31,200.5 . : � � ' . ' � • � Page 5 of 6 . � .. . � 'r � . . .. . � , .. � � � � 4 3 1 � -�� . M � . NMj � . . . . .. :�' , . . , . • • �� . . - WEST 52.00 __ __ � 1179.75 ------------- r;'�oo : . ;�i=-- ,t------------ . . � , -N. Line of Gov' t. � . �. � . � : � � � . �NORTH �. � � =� SHORE � �.�. .� bRIy.E� .� �� : . . . se�.. ,�-,��-23 . .. . � .. (COUNTY ROAD NO.:.19) - � � � . • � • . ' M M _ ..... _._ _ . . . M ... . ..... . ..... . ... _ .. .. . . � . . . . 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'' . � .... . . ..._... ..LE'S'S� ��'�D S' ,RiPTiON: �. . ... •••• - �fhat•�-par�••of• Government Lot 2, Sec�ion 17� Township 1 t':'. �Range�23, described as beginning at point�on the North line of said G��vernment Lot 2 distant 1179.75 feet West from the meander corner�on said North line; thenc�; West along said North line 52 feet; thence South at a rig h t angle�. 148.5 feet; thence East al: a right an�le 52 feet; thence North at a right angle 148.5 #� to the_point of, beginning, Hennepin County, .tvlmnesota.