HomeMy WebLinkAboutResolution 3910 - ' C 1 - � 1�,(�
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'� RESOLUTION OF THE CITY COUNCiL
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A R�SOLUTION GRANTING�A VARIANCE TO
� - MU1vICIPAL ZONING CODE �
SECTION 10.22, SUBDIVISION 2 AND
S�CTION 10.24, SUBDIVISION 5 (B)
. FILE #2237
WHEREAS, James Stasik and Roxanne Stasik (hereinafter "the applicants") are
owners of the property located at 1270 Wildhurst Trail within the City of Orono (hereinafter
"City") and legally described as follows:
Tract A, Registered Land Survey Number 1132, files of Registrar of Titles, Hennepin
County, Minnesota (hereinafter "the property"); and
� WHEREAS, the applicants have applied to the City �for a variance from
Municipal Zoning Code Secfion 10.22, Subdivision 2 and Section 10.24, Subdivision 5 (B) to
replace an existing deck. A hardcover variance of 24.01% to allow 13,174 s.f. (49.01%) to
remain where 6,720 s.f. (25%) is allowed. � �
NOW, TI�REFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2237. �
� 2. The property is located in the LR-1B, One Family Lakeshore Residential Zoning
District where the minimuxn lot area requirement is 1 acre.
3. The Orono Planning Commission reviewed this application on May 19, 1997,
and recommended unanimous approval of the proposed variance�based upon the
following unique findings and hardships: .
A. The amount of hardcover will not be increased.
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B. The deck will be replaced over non-structural hardcover.
C. The current condition of the deck is unsafe.
4. The City Council finds that the conditions e�cisting 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 tr�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 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, ORDER AND CONDITIONS �
Based upon one or more of the above findings, the Orono City Council hereby
grants a hardcover variance to replace an existing deck over non-structural hazdcover per
Municipal Zoning Code Section 10.22, Subdivision 2 to replace an existing deck, subject to the
following conditions:
1. Applicant to remove 125 s.f. of plastic under landscaping to reduce the amount
� of hardcover.
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 one year of the date of Council approval, or this variance
will expire on that date (May 27, 1998). .
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3. 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.
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 property.
� Adopted by the Orono City Council on this 27th day of May, 1997.
A EST: .
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Dorothy M. H llin, City Clerk Gabr 1 Jabbour yor
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Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
� . � The foregoing instnunent was acknowledged before me on this 27th day of May,
1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City. . �
p ���• LINDA S.VEE . � , / �
:�'�' "` � NOTARYPUBLIC-WIINNESOTA � U�� '
•,:Y ;- ; HENNEPINCOUNTY -
�,��••' My Commission Fxp�res Jan.31,2000 Notary Public
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STATE OF MINNESOTA ) _
) ss. ,
COUNTY OF HENNEPIN ) . - � � . .
On this a 4`�- day of ��,�.n e , 199 7 before me a Notary
Public within and for said county,personally appeared ��,�,PS �us%K 2ud �a Kcc hn�
J�''.�q�;{(, ,y��v�r'e ,,� 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.
.�. LINDA S.VEE � � U.�-Q.�
��....,.�
NOTARY PUBIIC-NIINNESOT
:.��4 ,.0; HENNEPINCOUNTY
• •,��.• My Commission Expires Jan.31,2000 � 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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