HomeMy WebLinkAboutResolution 4163 .� 01V.
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b CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
�9kESH0 NO. 4 1
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (A)
FILE #2401
WHEREAS, Thomas Radke and Margaret Radke (hereinafter "the applicants")
have an interest in the property located adjacent to their residence at 3424 Eastlake Street
within the City of Orono (hereinafter "City") and legally described as follows: Outlot B,
Bayside Beach, Hennepin County, Minnesota, (hereinafter "the property") and is owned jointly
by the adjacent property owners at 3424, 3444, and 3464 Eastlake Street;
WHEREAS, after due published 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 September 21, 1998, at which times all persons desiring to be heard
concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for variance to Municipal
Zoning Code Section 10.03, Subdivision 9 (A) to permit construction of an accessory structure
where no such accessory structure is normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2401.
2. The property is located in the LR-lA Single Family Lakeshore Residential
Zoning District.
3. The Orono Planning Commission reviewed this application on September 21,
1998 and recommended approval on a vote of 3 to 2.
4. The Planning Commission made the following findings of fact:
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RESOLUTION OF THE CITY COUNCIL
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A. The City Council approved after-the-fact variances to allow an accessory
structure on the lot, with the condition that future proposals for additional
accessory structures on the property may result in the requirement to
remove the existing shed.
B. The outlot was created for the purposes of holding a gray water septic
system to serve the three adjacent properties, although sanitary sewer has
been provided and the septic system is no longer necessary.
C. The outlot is jointly owned by the adjacent property owners located at
3424, 3444 and 3464 Eastlake Street.
D. All property owners support the applicant's proposal.
E. The size of the accessory structure shall not exceed 140 s.f.
F. The proposed location of the accessory structure has sufficient screening
to reduce the visual impact from Bayside Road.
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 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 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 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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CITY of ORONO
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
grant a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (A) to allow an
accessory structure on property with no principal structure where no such structure is normally
allowed. Approval was subject to the following conditions:
1. All persons with interest in Outlot B shall sign this resolution.
2. The accessory structure shall not exceed 12' X 15' (180 s.f.).
3. One additional accessory structure shall be allowed on Outlot B, Bayside Beach
to serve Lot 2, not exceeding 12' X 15' (180 s.f.).
4. 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 (September 28, 1999).
5. 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.
6. 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 Orono City Council on this 28th day of September, 1998.
ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4163
Property Owners)
p.
Prope Owner(s)
Property Owner(s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of
September, 1998, 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.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this f/t day of Cc / G Ci2, 199 Ybefore me a Notary Public within
and for said county, personally appeared y,,, / a,,� '�f apt�c�t,e l� & 1w c 444-eW
known to me to be the person(s) described in and who executed the foWgoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
MARY ANN JOHNSON
• NOTARYPUBLIC-MINNESOTA Notaryublic
'.,, �• My Commission Expires Jan.31,2000
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RESOLUTION OF THE CITY COUNCIL
�L`gkE Hp4��'G NO. 4 1 6
S
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
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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RESOLUTION OF THE CITY COUNCIL
��9kE gp4�'G NO. _ A Ira 20
S
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
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
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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RESOLUTION# 4 1 f
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
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 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 September 28, 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 5th day of
October , 19 98
Lmda S. Vee, City Clerk
(SEAL)