HomeMy WebLinkAboutResolution 4103 �-• . _ ' .
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��b. - CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
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. A ���I,UT�lON G�tANTING A VARIANCE
�'O 1�LTPII�IPAIL �ONING CODE
S�CTION 1Q.@3, S�T�D. �5 (�} AND (I.➢)
FIL� PdO. #2378
'b�1�iLItEAS, William Z. and Lisa J. Mernik, (hereinafter "the applicants"1 arP
the o�u��ers of the property lacated at 1R40 Lakeview Terrace witlrin the City oi Oror.�
(hereir�a�ter "the City") and legally descrioed as follows:
Lot 5, Block 1, ".Long Lake Couiitry Club f�ddition, Heiv�epin County, MN" �
(hereinafter "the property"); and .
W�I�REA�, after due puUlished and mailed notice in accorda�lce with Minnesata
Statt:tes and the City of Orono Zoning and Plannii�g Codes, the Orono Plar�iing Commissi��n
held a ruUlic Iiearing on June 15, 1998, at wl�ick� time all persons desi�ing to be heard
• concert�in g this a p plication were g�ven the opportunity to speak thereoi2; arid
V6���lEIa.�AS, the applicants have applied to ihe City for varia.nces to Municipal •
Zoning Code Section 10.03, Subd. 15 (C) and (D) to perrr�it the construction of a. fenc� in fhe
side and rear yards of a tlirough lot to be 4 ft. in height where 3.5' is allowed.
� l�'OW, THEIt�FO�, BE Y'I' R�;S�L�ED by the City Council of Oror�o, • �
Minnesota: �
� �'INDII`dGS :
1. This application .was reviewed as Zoning File #2378.
2: The property is located in the LR-1A, Qiie Family Lakesllore l2.esidential Zoning
District where 2 acres is the miniintun loi area. The property consists of .994
acres or 43,328 sq. ft. ':
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3. 1'he Orono Planiung Cominission reviewed this application on June 15, 1998 and
recommended approval by a vote of 7 to 0.
. 4. The Planning Commission made the i'ollowing findings of fact:
• A. The subject lot does not meet 1ot area requirements. .
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'� RESOLUTION bF THE CITY COUNCIL
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B. The lot is a flzrough lofi with the house facing Lakeview Terrace and the
rear of the property adjacent to Sixth Avenue North, also lcnown as
County Road 6.�
G There is mature landscaping and trees along County Road 6.
D. The praposed fence will not create a tunnel effect alor�g Coi.urty Road 6
nor impact the view from tlie rear of adjacent properties.
5. The City Council finds t11at the conditions existing on this property are peculiar
to it and do not apply generally �to other property in this zoning district; tl�at
granting the variances 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 har�lship or difficulty; is necessary to preserve a substuitial '
property right of t1_?e applicants; and would be in keeping witli the spirit and �
intent of the Zoning Code and Coinprehensive Plan of the City. i`
6. The City Council has considered this application including the rndings aild
recoirunendations of the Planning Con:unission, reports Uy City staff, comme�its .
by the applicants and the effect of the proposed variance on the health, safet�j
� and welfare of the community. .
COl\TCY��JSi�NS, OI21��TiZ Ala1A C�I�1DI�'IOI��S
Based upon one or more of the above Fndiiigs, the Orono City Council liereby ;
grants variances to Municipal Zoning Code Section 10.03, Subdivision 15 (C) and (D) to
permit �onstruction of a fence in the side and rear yard of a tl�rough lot where 3.5' in fence
height is allowed and 4' is proposed. . .. �
1. Authorities granted by tlus variance nin with the property not �v:th the ;
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. applicants, but are permissive only and must be exercised by applic;ation for a ;
building permit withui one year of the date of Council approval, or tlus variance
� will expire on that date (June 22, 1999).
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'� RESOLUTtON OF THE CITY COUNCIL
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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 recording of this resolution in the Chain of Title of
the property. �
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 22nd day of June, 1998.
ATTEST: �
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Linda S. Vee, City Clerk Gabriel bbour, Mayor
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Property er (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
� The foregoing instrument was acknowledged before me on this 22nd day of June,
1998 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. �
,
::;�:T;, JAMIE L GEMAR No Public
��; NOTA�RYpI�LiC.M�NNESOTA
'.,...�' HENNEPIN COUNTY
�'�I�ExAj�eS Jan.31,200o page 3 of 4
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. � ��b. - CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this a/`� day of , 199�before me a Notary Public withi.n
and for said county,personally a ared Z `'y��,� � .
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.
° '"`• JAMIE L.GEMAR '
=�� NOTARYPUBLIC-MINNESOTA
�" � FIE�INEPIN COUNTY
= "' NO Y PUBLIC
`,�•••• My Commission Expires Jan.31,2000
STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN )
On this �S�'day of , 199�before me a Notary Public within
� and for said county,personally appeared �
known to me to be the person(s) describe in and who xecuted the foregoing instrument,and�
acknowledged that he (they) executed the same as his (their) free act and deed. _
.���^�• JAMIE L.GEMAR
9 i° ` 4 NOTARY PUBUC-MINNESOTA —
• : HENNEPIN COUNTY
'•,�.•�' M y Commission E x pires Jan.31,200o N O T `P U B L I C
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_before me a Notary Public within
and for said county,personally appeared � �
kno�•n to me to be the person(s) described in and�who executed the foregoing instrument,and .
acknow?edged that he (they) executed the same as his (their) free act and deed. �
NOTARY PUBLIC
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