HomeMy WebLinkAboutResolution 4136 _ . , ,. ,
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OO EPtN GQUNTY T�XPAY�R SERVICES
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��� �G'� �'' CP�ESOLUTION O�F T�HEeCI�TY COUNCIL
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A RES U ON GRANTING VARIANCES
TO ICIPAL Z01�1ING CODE
SECTION 10.23, SLBDIVISION 6(B)
FILE NO. #2397
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4'4HEREAS, Joe I,ucas and Leslee Lucas (hereinafter "the applicants") are
o��ners ar thr: property i:���tz� �.�t 106� r?�rt?� �r.^,.r.�z �'„a� with;n the C'ity of �3ror.•o
(her�inaft�r "the City') and legally described as follo��;s:
The North 200 feet of the South 1,752.04 feet of the West 430 feet of the
Southeast Quarter of Section 27, Township 118, Range 23, Hennepin County,
Minnesota (hereinafter "property"); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the Ciry of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on July 20, 1998, at which times all persons desiring to
be heard concerning this application were given the opportunity to speak thereon; and
VVHEREAS, the applicant has applied to the City for a variance to Municipal
7.oning Code Section 10.23, Subdivision 6(B) to permit the construction of an addition to the
principal structure located 9 feet from the side lot line where 30 feet is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDfNGS
1. This application was reviewed as Zoning File #2397.
2. The property is located in the LR-lA One Family Lakeshore Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on July 20, 1998 and
recommended approval on a vote of 6 to 0 for a variance based upon the
following findings:
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'� RESOLUTION OF THE CITY COUNCIL
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A. The residence is currently 9.4 feet from the side lot line.
B. The proposed addition would be 9 feet from the side lot line.
C. The size and style of the residence, with the proposed addition, is similar
to other homes in the azea.
D. The basement with drain tile is necessary to support the existing basement
and addition to the residence.
4. The City Council fmds 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 variances would not adversely affect trai�c 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 fmdings 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.
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�� G�'%i" RESOLUTION OF THE CITY COUNCIL
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/ CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants ti�ariances to Municipal Zoning Code Section 10.23, Subdivision 6(B) to permit the
construction of an addition, with basement and drain tile to the fesidence located 9 feet from
the sidz lot line.
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 year of the date of Council approval, or this variance
will expire on that date (July 27, 1999).
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 agrees 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
me�tir�g held on the 27th day of July, 1998.
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�inda S. �1ez, Gity Clerk Gab 1 Jabbour, Mayor
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Prq erty Owner (s)
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ST.�TE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 27th day of July, 1998,
by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipai corporation ar,d sa.n� in�tnu���nt �t-as ex::Lute� o� behal` of s-1�� C,i���.
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CAROLE A.HASEMP,N
` AE�,� NOTARY PUBUC-MIN(�ESOTA �jJ��.�� �� � ��a��r�-�---�
�' ,,c��• HENNFPIN COUNTY C
� � =��• My Cnmmission Expires�zn.3t,2noo � Notary Public
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /�day of �.� c.a.{ _, 199�befare me a Notary Public within
and for said county, personally app ed ' � '. ' ��c.e� � a��
kno��n to me to be the person(s) described� n and who executed the foregoing instrument, and
ackn � t t he he � x te he same as his (their) free act and deed.
" � � � /� �
;��, ��< • MARY ANN JOHNSON ��
�..y�� NOTARY PUBLIGMINNESOTA � 'Z lt ��' r''G�� "�'L__
,�,� My Commission�Cpires J2n.31,200o Notary ublic �. '�
STA ,,�;_�-.-�,�,.�s
) ss.
�OUNZ'Y UF` HENNEI'IT�f )
On this "�� day of •:r , 199�_ before me a Notary Public within
and for said county, personally appeare �,�;l�� L t r�C:, ►Y,a rr'� r c�.
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknou�ledged that he (they) executed the same as his (their) free act and deed.
CAROLEA.HASEMAN ��;G��C_.vt' i• ��.�:=�j.�,�,,�.-
� '�1: NOTARY PUBLIC-MINPIESOTA Notary Public
e��'��p'�.' HENNEPIN COUNTY
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�•-._��•� My Gommission Explres Jan.31.200� ��)
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RESOLUTION# � � `"' ��'
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
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CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify_that I_have_ compared the fore�oin� co�y of_a resolution of the City Council of the Citv of __ _ _,a
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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 JuIY 27, 1998 , 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 29th day of
July , 19 98 .
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W��: �%j �;.� .2�°�- �,� y',�-
�������� x;� ,��,,• Linda S. Vee, City Clerk
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