HomeMy WebLinkAboutResolution 4336 1 � � �• , r
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_ �� G'� . RESOLUTION.OF THE CITY COUNCIL .
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A RESOLU�IOla1 GRAN'Y'ING A VARIANC�
TO MiTNICIP�,ZONING CODE
_ SECTION 10.25, SiJBDIVISION 6(B)
FILE NO.2508
. WHEREAS, James Erler and Mary Erler, husband and wife, (hereinafter "the
applicants")are owners of the property located at 3448 North Shore Drive within the City of Orono �
(hereinafter "the City") and legally described as follows: � �
Lot 18,Lydiard's Park,Hennepin County,Minnesota. �
(hereinafter"the property"); and
. WHEREAS, the applicants have applied to the City for a variance to Municipal
� Zoning Code Section 10.25, Subd. 6(B) for a side yard setback variance of 7.6' to allow the
� �• construction of a second story addition to the e�cisting home 2.4' from the property line. �
NOW, �'H�R��'ORE BE IT RESOLVED by the City Council of Orono, .
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#2508. . �
2. This property is located in the LR-1C Zoning District where the minimum lot area
requirement is 1/2 Acre. The property consists of approximately 12,632 square feet
or.29 acres. .
� 3. The Orono Planning Commission reviewed this application on August 16, 1999 and. �
recommended approval by a vote of 5-0 on the proposed variance based upon the
following findings of fact:
A. The existing home was constructed prior to the adoption of the Zoning
Code. �
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B. The addition of the second story will not increase the building envelope �
on the ro e nor will it increase the hardcover on the lot. �
P P rtY�
C. The existing house currently meets both the 75' lakeshore setback as well
as the average lakeshore setback.
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D. Two-story homes are located on either side of the applicants home. I
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4. The City Council finds that the conditions e�sting 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 traff'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. . � � :
� 5. The City Council has considered this application including the findings and
. recommendations 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.
CONCLUSIONS, O�ER,�iND CONDITIONS
Based upon one or more of the above findings,the Orono City Council hereby grants a front �
yard setback variance per Municipal Zoning Code Section 10.25, Subdivision 6(B) to permit the ;
. construction of a second story to an existing 1 1/2 story home. Approval was subject to the . ' ,
� following conditions: � � � � - � � �
1. No requests for additional hardcover on the lot will be approved without removal of
existing hardcover on the property. .
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 , �
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one year of the date of Council approval, or this variance will expire on that date
(August 23, 2000).
' 3. Violation of or non-compliance with any of the terms and conditions of this variance
shall constitute a violation of the zoning code, sha11 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 properry.
Adopted by the City Council of the City or Orono,Minnesota.at a regular meeting held on the 23rd
day of August, 1999.
ATTEST: �
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G��ti • (/�-'v ,
Linda S. Vee, City Clerk Gab 'el Jabbour, Mayor
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P operty Owner(s)
STATE OF n�1INNESOTA ) , �
) ss. �
COUNTY OF HENNEPIN )
� The foregoing instrument was acknowledged before me on this 23rd day of August,
1999 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 on behalf of the City.
C"�:r_.-".t';Ci.ti'rr:'�t'-,�, ' `° ""_�:'7
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``�j r. CRROLE A.HASE�;�P.N
�„ E�.:q,�� NOTAflYPU6LiC-MlhahESOTA
�^••��.
;j �•�;���o�: HENNEFIN COUNTY
�; ,��•• My Commission Expires Jan.31,200o Notary Public
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�� G'� . . RESOLUTION .OF THE CITY COUNCIL : .
. � �9k'ES�I�g'� . . � � NO,. :'4 � `� � � . . . . .
STATE OF MINNESOTA ) �
) ss. '
COUNTY OF HENNEPIN )
On this _3�� day of �- �av5f , 199�, before me a Notary Public
within and for said County,personally appeared��,,.P� �w(���c. �c�--� �r�e_w; h„��
ac����P 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. . � � �
�=.. . ._«��..,�%���.c`s�::�•.�c.�u:.�:"'�:��.i��'.��':.=�' �('� , �, �•.si�J2�.a. �
a�� • ~-'� CAa6L-�A HA�EMp.N
f. �'�:o.:��� N�T�f�Y�U�LIC•MIN�,ESO'fA Notary Public
� 7 F16NWEPIN COUNTY
��.,� ��:�- ' My Cart�m�sslon Erplres J2n.31,2000 �
d��u�'"��^•,' .
STATE OF MINNESOTA � )� :
• � ) ss. . . _ . �
� COUNTY OF HENNEPIN ) �
On this day of � , 199_, 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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