HomeMy WebLinkAboutResolution 1902 . '.�
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~ ` �f � RESOLUTION OF THE CITY COUNCIL
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� NO.
1902
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A RESOLIITION GRANTING
AN AFTER-THE-FACT VARIANCE TO
MiTNICIPAL ZONING CODE
SECTION 10.03, SDBDIVISION 15 (F) V �
FILE #979
WHEREAS, Lloyd P. Johnson (hereinafter "the owner") has an
interest in the property located at 280 Wakefield Road within the City
of Orono (hereinafter "City") and legally described as Lot 4, Block 1
Wakefield Farms Second Addition, (hereinafter "property) ; and
WHEREAS, Donald C. Wildman (hereinafter "the applicant")
� applied to the City for an after-the-fact variance to Municipal Zoning
Code Section 10.03, Subdivision 15 (F) to approve a tennis court
constructed without a building permit located 7 feet at both southern
� corners from a side lot line instead of the required 10 feet.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #979.
, 2. The property is located in the RR-1B Rural Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on
December 16, 1985, and recommended approval of the proposed
� variance based upon the following findings:
A) Most affected neighbor has not appeared in opposition to
the location of the tennis court.
B) Substandard setback is only found at corners of the
tennis court.
C) Suitable area for septic expansion has been located on
property.
4. The City Council has considered this application including
• the findings and recommendations of the Planning Commission,
reports by City staff, comments by the applicant and the effect
of the proposed variance on the health, safety and welfare of the
community.
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• � RESOLUTION OF THE CITY COUNCIL '
� NO. 1902
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5. 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 merely serve as a convenience to the applicant, but is
necessary to alleviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the appli- �
cant; and would be in keeping with the spirit and intent of -the
� Zoning Code and Comprehensive Plan of the City.
CONCLDSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants an after-the-fact variance to the Municipal Zoning Code Section
10.03, Subdivision 15 (F) to allow a tennis court constructed without
a building permit located 7 feet at both southern corners from a side
lot line instead of the required 10 feet, subject to the following
conditions:
• 1. Applicant must obtain a penalty building permit for con-
struction of the tennis court at a fee of $237.25.
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 applicant 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.
� Adopted by the Orono City Council on this 13th day of
Jan ary, 1986.
ATT ST:
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D othy M allin, City Clerk Mary C Butler, Mayor
Ti dams, Acting_ M�or
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• C� o er`ty e
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Page 2 of 3
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• FiESOLUTION OF THE CITY COUNCIL •
�
`��' NO. 1902
� - • �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this g� day of _��+.�a�u� , 198�
before me a otary Public with'n and for said county, personally
appeared _ �o�,Q� �' � �j�pyr,t,�,�� 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.
::;;.:�:;y:. MIC1-IqEL p,
..��:G� �i '�: NOTARYPUBUC GAFFR�N .
�.� HEN M�NNESOTq ^
Mycomm�NEP�N COUNT NOTARY PUBLIC ' '
• n Expj�es Ju�e��Y
1937
r ) CdNl3 �/, l 6�/
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this o? �
7 day o , 1986, before me
a tary Publ ' c wit ' and r said County, personally appeared
known to me to be the
person( ) descri n and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
---e��-�/ �
OTA Y PUBLIC
�"""”` JEAiV K. GLUMr4C
�� NOTARY FUBLIC—MINNESOTA
• ANCKA COUNTY
My commission expires August 7,i990
MY COMMISSION EXPIRES
Page 3� of 3
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City of Orono
RESOLUTION OF THE CITY COUNCIL
NO. 1902
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN ) .
On this �/� day ofC�__� , 1986, before
me a Notar Public w thi and f r 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. ,
•
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' NO �Y PUBL
�W;` J��� K. G�C!MAG
��" ClOTARY PUBLIC-MINNESOiA
ANCiCA COl:NTY
My commission expires AugOst 7, 1990
MY COMMISSION EXPIRES
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