HomeMy WebLinkAbout#4136-variances � . I
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAI, ZONING CODE
SECTION 10.23, SUBDIVISION 6(B)
FILE NO. #2397
WHEREAS, Joe Lucas and Leslee Lucas (hereinafter "the applicants") are
o��-ners of the property located at 1060 North Brown Road within the City of Orono
(hereinai:er "the City") and legally described as follows:
The North 200 feet of the South 1,752.04 feet of the West 430 feet of the
Southeast Quarter of Section 27, Township 118, Range 23, Hennepin County,
�linnesota (hereinafter "property"); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on July 20, 1998, at which tunes all persons desiring to
be heard conceming this application were given the opportunity to speak thereon; and
WHEREAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.23, Subdivision 6(B) to permit the construction of an addition to the
principal structure located 9 feet from the side lot line where 30 feet is requued.
l�TOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #2397.
2. The property is located in the LR-lA One Family Lakeshore Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on July 20, 1998 and
recommended approval on a vote of 6 to 0 for a variance based upon the
following findin�s:
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A. The residence is currently 9.4 feet from the side lot line.
B. The proposed addition would be 9 feet from the side lot line.
C. The size and style of the residence, with the proposed addition, is similar
to other homes in the area.
D. The basement with drain tile is necessary to support the eacisting basement
and addition to the residence.
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 variances would not adversely affect traffic conditions, light, air nor
pose a fire hazazd 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.
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CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.23, Subdivision 6(B) to permit the
construction of an addition, with basement and drain tile to the fesidence located 9 feet from
the side lot line.
1. Authorities granted by this variance run with the property not with the
applicants. but are pernussive only and must be exercised by application for a
building permit v�zthin one year of the date of Council approval, or this variance
will expire on that date (July 27, 1999).
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 agrees to the recording of this resolution in the Chain of Title
of the property.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 27th day of July, 1998.
ATTEST:
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, Linda S. Vee, City Clerk Gabri Jabbour, Mayor
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Prope O er (s)
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 27th day of July, 1998,
by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
CAROLE A HASEMAN
,' ''�k` �• NOTARY PUBLIC-MINNESOTA
4>;k:�' HENNFPWCOUNTY
`'_}� My Commission F�coires J�n.31,20M1 ,; Notary Public
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �day of , 199�S' before me a Notary Public within
and for said county, personally ap ed _ C�� G���..2.�
known to me to be the person(s) describe ui and who executed the foregoing instrument, and
acknowle�ed that he$�the�) executed, the same as his (their) free act and deed.
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MAAYANNJOHNSON �' i
�o_.`�; M NOmAAYPUBLIC-MINNESOTA �� ub1iC
,��� y Ca ission Expires Jan.31,2000 �� NOtary
STA �-�-�--�,.,�)
) ss.
COUNTY OF HENNEPIN )
On this � day of , � � , 199�' before me a Notary Public within
and for said county, personally appeare �5 L,,cn;,., h-►r,rr� �,
� known to me to be the person(s) described in and who executed the foregoing instrument, and
acl:nowledged that he (they) executed the same as his (their) free act and deed.
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CAROLE A.HASEMAN �/ � � /// ����,,��«��
�f�' NO7ARYPUBUGMir�NESOTA �� `
'`�.t;��,: HENNEPIN COUNTY Notary Public
�� My Ccmmisslon Fxpires Jan.31,2000
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