HomeMy WebLinkAbout1997-06-23 Resolution 3921,a a
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CITY of ORONO
RE'14CLUTION OF THE CITY COUNCIL
A RESOLUTION GRANTING
A VARIANCE f'l
MTJNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5
FILE 02250
WHEREAS, 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 d-scribed as follows:
Lot 5, Block 1, Fox Ridge, Hennepin Cour,' Minnesota (hereinafter 'Y31e property");
and
WHEREAS, 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 e- end an existing porch 5'. A variance to reduce the required rear yard from 50' to
38' (porch,) and 3Y (garage) is required.
Minnesota:
NOW, THE , B. _ f RESOLVED by the City Council of Orono,
FINDINGS
1. This appl' ' !n was reviewed as Zoning File 1� 7.250.
2. The property is located in the RR-lB, where the minimum lot a! ca requirement
is 2 acres.
The Orono Pla. g Commission reviewed this ; 1,cation on June 16, 199' and
recommended approval of the proposed variant . ased 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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B.
C.
D.
E.
CITY of IDR()NO
RESOLUTION OF THE CITY COUNCIL
NO. 3921 .4
The zoning lot is an irregular shape.
The topography of the lot is steep at the rear and side yard.
There are utility poles and easements on the zoning lot where new
construction cannot occur.
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 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 mE -ely
serve as a convenience to the applicants, but is necessary to allevia 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 e'1;"-,wing above fit. ;s, the Orono City Council
hereby grants a rear yard variance to add a uiird stall to the garage and a 5' addition to an
existing porch to reduce the r-lar yard to 35' and 38' where 50' is required per Municipal
Zoning Code Section 10.28, Su,,C1,ision 5, subject to the following conditions:
1. Authorities granted by th. • ,riar_ce run with the property not with the
applicants, but are permiss; only ari, must be exercised by application a
building permit within one ;,ear of the date of t ,uncil an^r- -11. G, this va ;e
will expire on that date (Jtr :e 23, 1998).
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CITY of ORONO
RESOLUT N OF THE CITY COUNCIL
NO. 3 9- 21
2. Violation or or non-compliance tivith 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 -y Council on this 23th day of June, 1997.
Gabriel abbour, Mayor
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. Hall*r, Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said i:i�-timent was executed on behalf of the City.
LINDA S. VEE
NOTARY PUBLIVAINN_SOTA
a = HENNEPIN COOTY
MY Commission ExPiW jan Ti. 20M
Notary Public
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04
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9kESH0
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 9 L 1
On this '1 ' day of 1 t , / Ij , 199 7 , before me a Notary Public
ithin and for said County, personally appeared r i► r,, W t A s K V
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.
4.
l�
LINDA S. VEE �-4
NOIAFY PUBLIC• niNESOIA
"EN: EPIN C00 1 2C AD
STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIN )
Notary Public
On this 1 day of 199 , before me a Notary Public
within and for said County, personally appeared t /), k ., .11 a , F Z4
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
NENNEPIN COUNiY
My Commission Estirzs Jan,3-- s
Notary Public
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