HomeMy WebLinkAboutResolution 3913 y .
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�b. - C ITY of ORONO
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. �� �,'ti RESOLUTION OF THE CITY COUNCIL
� ��kEsH.�4�' . NO. � � � :�
A R�50LUTION GRAI�ITING
. A V�Al�CE �'O �
10�[JNICIPAL�ZOI�IING COI)E
� SECTIOl� 10.22, SU�DIVISION 1
�ILE #2241
W�iEREAS, Kyle Hunt & Partners on behalf of owners, Cheryl J. Costley and
Gary E. Costley (hereinafter "the applicant") of the property located at 1185 Ferndale Road
West within the City of Orono (hereinafter "City") and legally described as follows:
See Exhibit A; and ,
• WHEREAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.22, Subdivision 1 to allow an exercise room to be added under an
existing deck that encroaches 4' into the required 75' lakeshore setback. Variances for
encroachment into the required 75' lakeshore setback are required. ,
NOW, TH�REFORE, �E IT RESOLVED by the City Council of Orono,
� Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2241.
2. The property is located in the LR-lA, One Family Lakeshore Residential Zoning
District where the minimum lot azea requirement is 2 acres.
3. The Orono Planning Commission reviewed this application on May 19, 1997,
and recommended approval of the proposed variance based upon the following
� � unique findings and hardships: . � . .
A. A lakeshore setback of 71' where 71' is existing and 75' is required.
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�6. - CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
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� 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 traffic conditions, light, a'ir nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenier.ce to the applicant, but is necessary to alleviate a
demonstrable hardship or di�culty; is necessary to preserve a substantial
. property right of the applicant; 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 applicant and the effect of the proposed variance on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER ANID CONDITIONS . �
� .
Based upon one or more of the above findings, the Orono City Council hereby
grants a lakeshore setback variance of 4' per Municipal Zoning Code Section 10.22, Subdivision
1 to allow an exercise room to be added under an existing deck that encroaches 4' within the '
required 75' lakeshore setback, subject to the following conditions:
l. Authorities granted by this variance run with the property not with the applicant,
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 (June 9, 1998).
2. 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. .
3. The undersigned applicant has read, understood,and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
hereby agrees to the recording of this resolution in the chain of title of the �
property.
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��b. - C ITY of ORONO .
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'� RESOLUTION OF THE CITY COUNCIL
�L�I�E Hp4L�'� , NO. � � � �
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� Adopted by the Orono City Council on this 9th day of June, 1997.
. . A EST: ' � �
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� orothy M. al in, City Clerk Gabri Jabbour, Ma r
,
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 9th day of June,
1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & Ciiy Clerk of the City of Orono, a
Minnesota municipal corporation and�said instrument was executed on behalf of the City.
� ,� /��
�'°��. LINDA S.VEE Notary Public
r` " NOTARY PUBLIGt�AINNESOTA
� '4 ' ' HENNEPIN COUNTY
�`,u�•'`� My Commisslon Expires Jan.31,2Q00
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�6. - CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
. ���kESH�4��'G . �NO. � � 1 � .
�STATE OF MINNESOTA ) � .
� ) ss.
COUNTY OF HENNEPIN ) � � ��
On this /� day of v�✓-� , 199�, before me a Notary �
Public within and for said County,personally appeared CQS
known to me to be the person(s) described in and who execut d the foregoi instruinent, and
acknowledged that he (they) executed the same as his (their) free act and deed.
..+�«
,.i,,, THOMAS A HAISLET
NOTAAYPUBL�C-MINNESOTA N ry Public
�1y Comm�ss�an Expires Jan.31,2000 .
- � STATE OF MINNESOTA )
) ss. .
COUNTY Ur H�NNEPIN )
� /�
On this S day of U�� , 199�, before me a Nota�y Public
� within and for said County,per onally appeared j L D ��
' known to me to.be the person(s) described in and who exe uted the forego' g instrument, and.:
acknowledged that he (they) executed the same as his (tlieir) free act and deed.
.� G-G�-�
��
,.�-�. 'tNOMAS A HAISLET otary Public
s' NpTpRY PIJBLIC-MINNESOTd
MY����ExpkesJan.31,2000
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