HomeMy WebLinkAboutResolution 3917 �' -� e,
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'�' RESOLUTION OF THE CITY COUNCIL
��`q.t�E p4`�'G . . � � NO. i; � � "�' �
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A RESOILU�'ION GRANTING VARIANCES
TO MUNICIPAIL ZONING COD�
SECTION 10.28, SUBDIVISION 5
FILE NO. 2242 •
W�REAS, Wayne A. Johnson (hereinafter "the applicant") is the owner of the
property located at 1225 Lakeview Avenue within the City of Orono (hereinafter "the City")
and legally described as follows:
Lots 14, 15, and 16, Block 1, Maxwell's Addition to Crystal Bay, Hennepin
Coluity, Minnesota (hereinafter "the property"); and
� WI�ER�EAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.28, Subdivision 5 to allow a 569.88 sq. ft. garage addition to an
existing residence. A variance of 15.94' is required for a front yard setback where 34.06' is
• existing and 50' is required. � �
NOVV, �'HEREFORE, BE I'I' RESOLVED by the City Council of Orono,
Minnesota: �
FINDIP+TGS
1. This application was reviewed'as Zoning File #2242.
2. The property is located in the RR-1B One Family Rural Residential Zoiiing
District where the minimum lot area requirecl is two acres.
3. The Orono Plaiuzing Coirunission reviewed this application on June 16, 1997 and �
recommended approval of the proposed variance based upon the following
uiiique findings and hardships:
A. The zoning lot is .4G9 acres and does not ineet the lot area or lot width �
requirements.
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'� � RESOLUTION OF THE CITY COUNCIL
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� B. The existing residence does not meet front and side yard setback
requirements. The residence is 34.06' from the front property line.
C. The proposed addition will not further encroach into the front yard than
the existing residence.
D. The� topography of the zoning lot slopes down towards the existing
garage.
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, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicant, but is necessary to alleviate a .
• . demonstrable hardship or difficulty; 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.
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5. The City Council has considered this application including the fmdings 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.
CO1�Ca.�JSIOIVS, ORDE�2 �I) COT�ITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to reduce the required front yard from 50' to 34.06' where 34.06' is existing
per Municipal Zoning Code Section 10.28, Subdivision 5 to pernut a 569.88 sq. ft. garage
addition to an existing residence, 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 23, 1998).
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'ti RESOLUTION OF THE CITY COUNCIL
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� 2. Violation of or non-compliance with any of the terms and conditions of this
variance sha11 constitute a violation of the zoning code, sha11 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.
Adopted Uy the City Council of the City of Orono, Minnesota at a regular
meeting held on the 23rd day of June, 1997.
ATTEST:
• � � , . . . .
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,
Doro 1Vr lin, City Cler Gab 1 Jabbour, May
� C�M���-e
Prope Owner (s) .
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of June,
1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono,
� a Minnesota municipal corporation and said instrument was executed on behalf of the City. .
�-
�a�.��• JAMIE L.GEMAR
:"' r` � NOTARY Pl�L6CrMINNESOTA �
• •.'- . FtENNEPINCOUNTY
�,�•�•' Mv Co+nmfss�on ExPiresJan.3�,200o No Public
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�b. - CITY of ORONO
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'�' RESOLUTION OF THE CITY COUNCIL
�L�kE HOg'�� NO. � � 1 "�' .
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�STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN ) �
On this �Z day of , 199 7 , before me a Notary
Public within and for said County,p s ally appeared
known to me to be the person(s) described in and who e cuted foregoing uistrum t, and
acknowledged that he (they) executed the same as his (their) free act and deed.
�� "�� JAMIE L.GEMAR � .
°"' ` • NOTARY PU�IC-MINN�,SOTA
• � ' t%tN�N cautrmr No blic
' 4� Iy�/�/�
1�IIMM{�• My Commissian Expires Jan��1/.�I{I�/
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
�
. On this o��� day of �//,�h,p , 199 , , before me a Notary Public
within and for said County,personally appeared ,�y� /yjQ,��`e ��r�'h�I a Pvr, 5'�nq/�
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
e..,��., LINDA S.VEE
:�'�' "` NOTARYPUBLIC-t�IINNESOTA • _
• =� - ' HENNEPIN COUNTY
'�w•d°� N��Commission Expires Jan.31,2000
:�.i��'�s�°��c'i P .
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