HomeMy WebLinkAboutResolution 3921 F_i . � � '
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'�' RESOLUTION OF THE CITY COUNCIL
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� �i RESOLIT�IOI�T G�1�TTIIleIG
� A VARIAI�TC� a0
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SECTION 10.28, S�JBD�ISION 5
F'II.E #2250
�V�iE�AS, Steve Polansky and Ellen Polansky (hereinafter "the applicants")
are owners of the property located at 1900 Fox Ridge Road within the City of Orono �
(hereinafter "City") and legally described as follows:
Lot 5, Block 1, Fox Ridge, Hennepin County, Minnesota. (hereinafter "the property");
and
• . . WgiEREAS, the applicants have applied to the City for a variance from
Municipal Zoning Code Section 10.28, Subdivision 5 to add a third stall to an existing garage
and to extend an existing porch 5'. A variance to reduce the required rear yard from 50' to
38' (porch) and 35' (garage) is required. �
1VOW, TIi��FOR�, BE I7C RESOI,V�D by the City Council of Orono,
Minnesota: �
. FgNDIl�TGS
1. This application was reviewed as Zoning File #2250.
2. The properly is located in the RR 1B, where the minunum lot area requirement
is 2 acres.
3. The Orono Planning Commission reviewed this application on June 16, 1997 and
recommended approval of the proposed variance based upon the following
� unique findings and hardships: � � . �
A. The zoning lot does not meet the minimum lot area, front or rear yard
requirements. .
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'�' RESOLUTION OF THE CITY�COUNCIL
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� B. The zoning lot is an irregular shape.
� � C. � Tlie topography of the lot is steep at the rear and side yard.
D. There are utility poles and easements on the zoning lot where new
conshuction cannot occur. �
E. Septic sites on the zoning lot must be protected. �
4. The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to other properly 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.
CONCI.�JSIOI�S, 0��� AI�tD CONDI'I'IONS
Based upon one or more of the followi.ng above findings, the Orono City Council
hereby grants a rear yard variance to add a third sta11 to the gazage and a 5' addition to an
existing porch to reduce the rear yard to 35' and 38' where 50' is required per Municipal
Zoning Code Section 10.28, Subdivision 5, subject to the following conditions:
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 (June 23, 1998).
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'�' RESOLUTION OF THE CITY COUNCIL
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' 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 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 23th day of June, 1997.
A EST:
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Dorothy llin, City Clerk Gabri Jabbour, Ma r
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Property 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 & 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.
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�a.�.�•., LINDA S.VEE Not Public
�'�' ``�` � NOTARY PUBLMC-MINNESOTA �'
'.;;� :-,: HENNEPINCOUNTY
�-��••° My Commission Expires Jan.31,2000
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'� RESOLUTION OF THE CITY COUNCIL
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STATE OF MIIVNESOTA ) �
. ) � � ss.� . � .
COUNTY DF HENNEPIN )
On this ? � day of �u �� , 199 � , before me a Notary Public
within and for said C�unty, rersonally arreared �//�n �/t1, Pa/a�.s�y , r1'lQ�'�'��e .
� known to me to be the person(s) described in and who executed th foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
p tN��� ' �/Y/.IhGV :V V✓ � .
, LINDA S:VEE Notary Public
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NOTARY PUBUC-MINNESOTA
=,,����,•• HENNEPIN COUNTY
My Commission Expires Jan.31,20pp
STATE OF MINNESOTA ) . � � . � .
� � �) ss. � . . � ' '
COUNTY OF HENNEPIN )
On this ��' day of �u. I�l , 199� , before me a Notary Public
within and for said County, personally appeared Sf-e�e�� /V� � �o/a��s k�, �r�ar�%e�/ �
known to me to be the person(s) described in and who executed the foregoing instrunient, and .
acknowledged that he (they) executed the same as his (their) free act and deed.
. ��� ,� U�.�� .
LINDA S.VEE Notary Public
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7'` ' NOTARY PUBUC-MINNESOTA .
� Y ; HENNEPIN COUNTY
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'� � " MY Commission ExPires Jan.31,2000 • .
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