HomeMy WebLinkAboutResolution 4339 , ,
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'� RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING A VARIANCE
TO MiJNICIPAL ZOI�TING CODE
SECTION 10.28, SUBDIVISION 5(B)
FILE NO. 2517
WHEREAS, Scc�tt Bittman and Lisa Bittman, husband and wife, (hereinafter "the
applicants") aze owners of the property located at 25 Brown Road South within the City of Orono
(hereinafter"the City") and legally described as follows:
The East 330.00 feet of the North.11 acres of the East 25 acres of the North 55 acres
of the Northwest Quarter of Section 3, Township 117 North, Range 23 West of the
Sth Principal Meridian,Hennepin County, Minnesota.
(hereinafter"the property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.28, Subd. 5(B) for a front yard setback variance to a11ow the construction
of an addition to the second story of the existing home.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#2517.
2. This property is located in the RR-1B Zoning District where the minimum lot area
requirement is 2 Acres. The property consists of approximately 3 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:
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A. The existing home cannot be viewed from Brown Road South due to heavy
vegetation.
B. The addition of the second story will not increase the building envelope
on the property.
C. The existing house currently meets the side and rear yazd setbacks.
D. Construction was started without the issuance of a building permit.
4. The City Council fmds that the conditions existing on this property aze 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 hazdship
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
welfaze of the community.
CONCLUSIONS,ORDER,AND CONDITIONS
Based upon one or more of the above findings,the Orono City Council hereby grants a front
yazd setback variance per Municipal Zoning Code Section 10.28, Subdivision 5(B) to permit the
construction of an addition to the second story of an existing home. Approval was subject to the
following conditions:
1. 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 yeaz of the date of Council approval, or this variance will expire on that date
(August 23, 2000).
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2. 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.
3. 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 recarding of this resolution in the Chain of Title of the property.
Adopted by the City Council of the City ar Orono, Minnesota at a regular meeting held on the 23rd
day of August, 1999. �
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Linda . Vee, City Clerk Gabriel bbour, Mayor
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Property Owner (
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The f�regoing ii�str�ne�i+��•as ackr�c�iv?,�dged b��re rr.:, en t�.is ?3rd day �f�ugust,
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.
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�` Notary Pu`blic
MARY ANN,lOHPti��^;��I
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Page 3 of 4
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this -��'�h day of �' �' �>��E' �����' , 199��, before me a Notary Public
within and for said Counry, personally appeazed 5� �� t� f � � -f���` E'1 i���� ; ����fi r�'�� ��'�.
� ____.___.—_____.._____.___._ known to me to be the person(sl described in and
who executed the foregoing instrument, and acknowledged that he (they) executed the same as his
(their) free act and deed.
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STATE OF MINNESOTA )
) ss.
COLTNTY OF HENNEPIN )
On this � f-i� day of `�`"�'`� E'�'� �t' 2 , 199`�, before me a Notary Public
within and for said County, personally appeared �_� �� �s� -I--f `�'? n r �'�% �c �'�'r +�.�:�
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.
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
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CITY OF ORONO )
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I, Linda S. Vee, 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 Au�ust 23. 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 25th day of
Au�ust , 19 99 .
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L,inda S. Vee, Lity Cierk
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