HomeMy WebLinkAboutResolution 3945 . . r,
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'� RESOLUTION OF THE CITY COUNCIL
. �L`�kEsxo�`�� No. � 9 4 5 x
A RESOLUTION GRANTING�
A VARIANCE TO
MUNICIPAL ZOI�TING CODE
SECTION 10.24, SUBDIVISION 5 (B)
FILE #2255
WHEREAS, Richard B. Rice and Deborah Rice (hereinafter "the applicants")
are owners of the properry located at 2700 Kelly Avenue within the City of Orono (hereinafter
"City") and legally described as follows: �
Lot 8, Vern-Mar Manor, Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a variance from
� Municipal Zoning Code Section 10.24, Subdivision 5 (B) to build a deck on the west and north
side of an existing residence. Variances for a reaz yard setback to reduce the required yard
from 25' to 21' where 30' is required; and a side yard adjacent to a street (Lydiard Avenue)
setback to reduce the required corner side yard from 30' to 21' where 30' is existing are
required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2255.
2. The property is located in the LR-1B, One Family Lakeshore Residential Zoning
District where the minimum lot area requirement is 1 acre. The lot area is
22,324 s.f. (.512 acres).
3. The Orono Planning Commission�reviewed this application on August 18, 1997,
and recommended unanimous approval of the proposed variances based upon the
following unique findings and hardships:
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'� RESOLUTION OF THE CITY COUNCIL
��`�.kE H.o��� No. � !� 4 5' ��
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A. The lot does not meet the minimum lot area requirements.
B. �The existing residence is 30' from the property line adjacent to Lydiard
Avenue. .
C. The topography of the lot slopes 8-10' from the rear yard to the front
yard. The adjacent property to the north is 6-8' higher in elevation than
the subject lot.
D. The proposed deck will be partially screened by existing vegetation.
E. A kitchen addition in 1988 included a patio door that leads to the area
where the deck is proposed.
• 4. The City Council fmds 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 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 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 following above findings, the Orono City Council
hereby grants a cornez side and rear yard setback variances to allow for construction of a deck .
. to be located 21' from the rear property line and 21' from the Lydiard Avenue property line
per Municipal Zoning Code Section 10.24, Subdivision 5 (B), subject to the following �
conditions:
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� �'ti RESOLUTION OF THE CITY COUNCIL
� �`9kESH�4��' NO. :� � � �
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 (August 25, 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 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 25th day of August, 1997.
A ST:
,
, Dorothy M lin, City Clerk Gabri Jabbour, Mayor
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Property Owner(s) � ,
STATE OF MINNESOTA ) � ,
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 25th day of
August, 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.
� � � ��.
� LINDA S.VEE Notary Public
O �����
� "" �` NOTARY PUBLIC-PrIINNESOTA
, ''�•�;k`'�7' HENNEPIN COUNTY ,
� �"��`f My Cammission Expires Jan.31,2000 �
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�b. - C ITY of ORONO
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�� G'� RESOLUTION OF THE CITY COUNCIL
��kEsKO�`� No. � 9 4 5 ��
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
. On this � day of ,����yy�b�'� , 199 7 , before me a Notary
Public within and for said County,personally appeared �, h'� �,`�e� ,�J a r'i'%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.
o .�,, IN A ��i'2G� �/ � (/--�
, ,^,:, ,., .� L D S.VEE
��V��� NOTARYPUBLIC-MINNESOTA Notary Public
5' '`�.� HENNEPIN COUNTY
��.VJ ^My Cammission�pires Jan.31,20t!0 �; .
.."�:�. ..r.ss_.:�.:J
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) � _
�
On this � � day of �c�-D 1(�-2.v , 199 7 , before me a Notary Public
withinandfor said County,personally appeared �(�„YQ,h i2�c=�
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.
(,6��'1 Q.� � �.l'.�.�f�--
''�°'"`�`. MARTHA P.WILLIAMS Notary Public
�Abt�� �.
v�e�'' NDTARY PUBLIC•MINNESOTA
My Commssioo Ex�res hn.31.2000
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