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� rs "`'/ R�SOLUTION OF THE CITY COUNCIL
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NO. 2006
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. A RESOLDTION GRANTING
A VARIANCE TO
MIINICIPAL ZONING CODE
SECTION 10.22, SQBDIVISION 2 '
FILE #1023
WH$R$AS, Rolla and Nancy Martin (hereinafter "the
applicants") are the owners of the property located at 2675 Shadywood
Road within the City of Orono (hereinafter "City") and legally
' described as follows: �
Tract A, Registered Land Survey No. 1453, files of Registrar of
Titles, Hennepin County, Minnesota, (hereinafter "property"); and •
WHEREAS, the applicant has applied to the City for a
• variance to Municipal Zoning Code Section 10.22, Subdivision 2 to
permit the construction of a room addition which will increase hard-
cover in the 75-250' lakeshore setback zone from 26.8� to 27.1$ where
a maximum of 25� hardcover is normal ly al lowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
' 1. This application was reviewed as Zoning File #1023.
2. The property is located in the LR-1B Single Family Lakeshore
; Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
May 19, 1986, and recommended approval of the proposed variance �
based upon the following findings:
A) Applicant has 0$ hardcover in the 0-75' setback zone.
B ) No existing hardcover on the property is readily
. available for concurrent removal as a tradeoff. �
� 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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� _ Cit� o� ORONO
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'_� RESOLUTION OF THE CITY COUNCIL
� � NO. 2006
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� � • •
'�;�'� ?�� e 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
applicant; and would be in keeping with the spirit and intent of
the Zoning Code and Comprehensive Plan of the City.
,CONCLDSIONS, ORD$R AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.22, �
Subdivision 2 to permit the construction of a room addition which will
increase hardcover in the 75-250' setback zone from 26.8� to 27.1�
where only 25� hardcover is normally allowed, subject to the following .
conditions :
• 1. The maximum allowable hardcover on this property is 7, 890
square feet or 27.1�. The applicant is advised that any future
improvements of the property which would result in additional
hardcover will not be approved, and might be approved only with
concurrent removals of existing hardcover.
,
2. Authorities granted by this variance run with the property
not with the applicant,• 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 (June 9, 1987).
3. 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.
4. 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 9th day of June,
198 .
�'
ATT ST: �'/�
� • . `�
othy M Hallin, City Clerk Mary C. e
Tim Ada ,
Prope ty ers
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i • RESOLUTION OF T��IE CITY COUNCIL� ---• •- - - �
� �O. 2006
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` STATE OF MINNESOTA )
- ) ss.
COUNTY OF HENNEPIN )
� On this 1� � day of � u.s-�! , 1986
before me a Notary Public within and for said county, personally
appeared /U�,�y �, ��TJa ia.n.,t� �o�A. ,hA , U'�,er��ii! 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. .
� �o �
�p.t, MICHAEL P. GAFFRON
:� u � NOTARYPUBLIC-MINNESOTA NOTARY PUBLIC
�y�� ' HENNEPIN COUNTY
�p� My Commission Expires June 1 t,1997�'
�
- � -Lw� �> , ��g7
MY COMMISSIO EXPIRES
�
' STATE OF MINNESOTA )
• )ss.
� COUNTY OF HENNEPIN )
On this � day of , 1986, 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
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