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HomeMy WebLinkAboutResolution 2009 t — ` �.. . :., _ , � '' � .. . � . .' . ` � -i", , . , . . . - . � : C�t� o� ORONO . : , � RESOLUTION OF THE CITY COUNCI L . � 2009 �:. , NO. • - • • A RESOLIITION GRANTING -� A VARIANCE TO - R MUNICIPAL ZONINfG CODE SECTION 10.23, SQBDIVISION 6 (B) . FILE #1030 s � WHEREAS, Charles D. Dollar (hereinafter "the applicant") is the owner of the property located at 1810 Lakeview Terrace within the City of Orono (hereinafter "City") and legally described as follows: ; Lot 1, Block 4, Long Lake Country Club Addition, Hennepin County, Minnesota, (hereinafter "the property"); and WHERSAS, 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 a room addition extending to a point 16.5 • feet from the side lot line where a 30 foot side yard setback is normally required. . NOW, TH$R�FORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: , . FINDINGS � l. This application was reviewed as Zoning File #1030. ' � 2. The property is located in the LR-lA 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) Topography and layout of the existing house preclude an addition to the rear where a variance would not be necessary. � � B) Natural screening exists which will make the addition unobtrusive in the neighborhood. ;> ' 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. Page 1 of 3 � , � , • � Clt , o� ORONO � � A 'Ty f. � � = t " RESOLUTION OF THE CITY COUNCIL . : ,�:� ,.1 NO. 2009 • - • . ..� . �.: � 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 ` applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLIISIONS, ORDER AND CONDITIONS - Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.23, . . Subdivision 6 (B) to permit the construction of a room addition extending to a point 16.5 feet from the side lot line where a 30 foot � . side yard setback is normally required, subject to the following conditions: l. 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 Counci 1 approva 1, or thi s variance wi 11 expire on � that date (June 9, 1987). � 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 9th day of June, 1986. � . . ATTE T• � . � � /�-� • � / (,�/ 1 � � _,e!C�� . o thy M. llin, C'ty Clerk Mary C. Butler, Mayor Tim - ms Acti� Ma��/ �i �%�'L��� �X� �/ Property Owner(s) � Page 2 of 3 , . , r • . ,..� .. .... ..._... .......«.�...,. . • ,'F . . • . . � � • ' ' • ' ,.�; ' . . � C�t��o� ORONO � . Or- � �: _ �._� . _______ ___ __....____._. . _ _ ._ _ � r '=� � RESOLUTION OF THE CITY COUNCI L ,, ,� ... � . '` � NO. 2009 ., : � . `• ' � . • , �•;� ,.,., _.4 �� . � �,-� STATE OF MINNESOTA ) =,.� ) ss. . �'" COUNTY OF HENNEPIN ) i`�' . r; ,a S. � On this ���` day of �u.�� � , 1986 - before me a Notary Public within and for said county, personally appeared ,4 , ��S� 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. ,; ;, � ` � ,,w.ti,, MICHAEL P. GAFFROfJ NOTARY PUBLIC It � NOTAflY PUBLIC-MINNESOTA ' HENNEPIN COUNTY � My Commission Expfres June 11,188T . y ' � �J�N� �I , ��87 � MY COMMISSION PIRES ,. ' S'TATE OF MINNESOTA ) :' )ss. . 3:; COUNTY OF HENNEPIN ) ";' On this ���— day of �uL'� , 1986, before me p' a Notary Public within and- for said County, personally appeared �I-�-�L�S �. �ol�A-i2 known to me to be the . person(s) described in and who executed the f oregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. . � , . .. �c3r ` � � GAFFRC;'� NOTARY PUBLIC � l ����,� �IIICHAEL P• MINNES07A , . : � ,f^ `�� � r10TARY PUB�IC COUNTY `''�`�� �-IENNEPIN ires�une».�ss� •� �'�`,� MY Commiss►on ExP . � �� !/, /98� � MY COMMISSION EXPIRES � Page 3 of 3 �