HomeMy WebLinkAboutResolution 1510 � t;�s
` �� C�t� o� ORONO
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RESOLUTION OFTHE CITY COUNCIL
N0. 1510 '
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Granting A Variance to Municipal
� � � Zoning Code Section 34.452 - File .756
Whereas, De E11 Pugh (hereafter "applicant") is the owner of
a property located at 692 Tonkawa Road within the City of Orono
(hereafter "City") and legallydescribed as the northerly 1/2 of Lot 7,
Parten' s Point, First Division (hereafter "property") ; and
Whereas , the applicant has applied to the City for a
variance to municipal zoning code section 34. 452 to permit the
constructionof a new foundation for the existing principal structure
located 7 feet £rom the north side/interior lot line instead of the
required 1.oJ feet.
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Now, Therefore Be It Resolved by the City Council of Orono ,
Minnesota : '
Findings
• 1 . This application was reviewed as zoning file no . 756 .
2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District.
3. The proposed improvements to the existing structure shall be : ; �
limited to the construction of a second story and an attached
garage to the rear of the house that meets all rear and side yard
setbacks.
4 . The Orono Planning Commission was polled at their regularly
scheduled meeting of� June 20 , 1983 , and recommended approval of
the variance �s proposed based upon the following findings:
a) The proposed improvement is consistent with the recent
improvements to existing houses within the neighborhood on
properties with similar widths and lot areas .
b) The house has existed at the substandard setback for over 30
years.
5. The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by City staff , comments by the owner and other interested �
� persons, and the effect of the proposed variances on the health,
safety and welfare of the community. .
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RESOLUTION OF THE CITY COUNCIL
NO. 1.510
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6. 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 effect traffic conditions, light, air nor
pose a fire hazard or other danger to neiqhboring property; would
not merely serve as a convenience to the owner , but is necessary to
alleviate ademonstrable hardshipor difficulty; is necessary to
preserve a substantial property right of the owner ; and would be �
in keeping with the spirit and intent of the zoning code and
comprehensive plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a
variance to Section 34.452to permitconstruction of anewfoundation
for the existing principal structure located 7 feet from the north
� side/interior lot line instead of the required 10 feet subject to the
following conditions: •
1 . No other variances are granted or permitted for this
structure.
2. The City will approve no future variances for this property. �
3 . Authorities granted by this variance run with the property •
not the the owner , but are permissive only and must be exercised by
application for a buildinq permit within one year of the date of
Council approval , or this variance will expire on that date
(August 8 , 1984) .
4 . Violation of or noncompliance with any of the terms and
conditions of this variance shall constitute a violation of the
z.oning code, shallautomaticallyterminatean�yauthority granted
herein, and shall be punishable as a misdemeanor . �
5. The undersigned owner 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.
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� RESOLUTION OF THE CITY COUNCIL
NO. 1.510
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Adopted by the Orono City Council on this 8th day of August, 1983e
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� J - . � ' . � . . .
� ATTEST: CITY OF ORONO
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(�/_/�oi���� • A�-�r�...�� � �
City Clerk Mayor
�1)
Propert Owner s)
(2)
S . Pr•operty Ow er (s)
(3) �
Property Owner (s) . �
JOHN R. �ERHARDSON
� STATE OF MINNESOTA ) • NOTARY PUBUC-MINNESOTA
) S S. �OOm 1��xPltq N10�2A'p
COUNTY OF HENNEPIN )
On this day of , 1983 , before me a Notary
Public wzthin and for said County, personally appeared
� � ��Gj ' known to me to
' be the erson(s) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as his
(their) free act and deed . �
��� ��
N TARY PU IC
d� 2 a'��.�'
� . MY COMMISSION EXPIRES
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Clt� o� OROl�O
RESOWTION OF THE CITY COUNCIL
NO. 1510
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� OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 1983, before me a Notary
Public within and for said County, personally appeared
known to be the
person (s) described in and who who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his (their) free
act and deed .
NOTARY PUBLIC
� ` MY COMMISSION EXPIRES
STATE OF MINNESOTA� )
) ss .
COUNTY OF HENNEPIN ) �
On this day of , 1983 , 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
MY COMMISSION EXPIRES
This document is being recorded for the benefit of the City of Orono per
Minnesota Statutes 386 .77 . .
State Deed Tax Due Hereon: Exempt
� This instrument was drafted by:
City of Orono
P. O. Box 66
Crystal Bay, MN 55323
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