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CITY of ORONO
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o� RESOLUTION OF THE CITY COUNAl
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\9kESH04/ NO. 2970
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A RESOLUTION GRANTING A VARIANCE 00
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBD. 12
FILE NO. #2297
WHEREAS, Daryl E. Hansen, architect on behalf of Mrs. Robert Keith
-o (hereinafter "the applicant") representing the owner of the property located at 1045 Edgewood
Hill Road within the City of Orono (hereinafter "the City") and legally described as follows:
Tract D, Registered Land Survey No. 1098 (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.03, Subd. 12 to permit an addition to the existing residence to be
located 5.17' from an existing swimming pool where a 10' separation is required and a 5.17'
separation exists. A swimming pool is considered an accessory structure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 2297.
2. The property is located in the RR-113 Single Family Rural Residential Zoning
District requiring 2 acres in area. The property consists of 82,969 s.f. or 1.9
acres.
3. The Orono Planning Commission reviewed this application on September 15,
1997 and recommended approval of the proposed variance based upon the
following findings:
1. The proposed addition would not increase encroachment by the residence
on the swimming pool beyond what is existing.
Page 1 of 5
/O O
ri CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
\�t9kESH0 NO. 9970
4. The City Council finds 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 variances 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 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 variance to Municipal Zoning Code Section 10.03, Subdivision 12 to allow the
construction of an addition to the existing residence that would continue the 4.83' encroachment
into the required 10' separation between a principal and accessory structure as shown on Exhibit
A.
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 (September 22, 1998).
2. Violation of or non-compliance with any of the terms and conditions of this
variance 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.
Page 2 of 5
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ti
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�t9kE Kp44'G NO. 3970 -:�
S
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the
22nd day of September, 1997.
AT EST:
'(e - /.4'.
Do othy lin, City Clerk Gabriel abbour, Mayor
Property Owner (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 22nd day of
September, 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.
LINDA S.VEE
NOTARY PUBLIC-MINNESOTA Notary Public
HENNEPIN COUNTY
my commission Expires Jan.31,2000
Page 3 of 5
, o 0
CITY of ORONO
ti
RESOLUTION OF THE CITY COUNCIL
4kESH04�t'G NO. _ 7
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this " day of , 199' before me a Notary Public within and for
said county, personally appeared ,4 i, n r-, J/-, �_ :r� i, . '/
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
/��' NOTARY PUBLIC-MINNESOTA `
�"=�r = NOTARY PUBLIC
.�,�,. HENNEPIN COUNTY
My Commission Expires Jan.31,2000
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
Page 4 of 5
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RESOLUTION # 3 9 7 0
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
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CITY OF ORONO )
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City
Council of the City of Orono with the original record of such resolution in the Minutes of the
proceedings of tbed 22 City Council at a 1997eting, and ofsaid
the same is aotrueil held on
and correct
Sepe
copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 24th ,
day of September 1997
XDoroth�yM7. a ,
City Clerk
(SEAL)