HomeMy WebLinkAboutResolution 2025 , �>
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{� �j" ��� RESOLUTION OF THE CITY COUNCIL
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� A RESOLIITION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SLCTION 10.24, SUBDIVISION 5 (B)
FILE #1043
WH$REAS, Gary Beito (hereinafter "the applicant") is the owner of
the property located at 1169 North Arm Drive within the City of Orono
(hereinafter "City") and legally described as follows:
�ot 17 and 36, and the North � of Lot 37, Skarp and Lindquist's
Fernhill, Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to
• Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the
construction of an attached screen porch which will be located 7 feet from
a side lot line where a side yard setback of 10 feet is normally required.
NOW, TH$REFORE, BE IT RESOL�lI3D by the City Counci 1 of Orono,
Minnesota:
- FYNDINGS
l. This application was reviewed as Zoning File #1043.
2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on July
21, 1986, and recommended approval of the proposed variance based upon
the following findings:
A) The proposed addition continues the existing line of the
house. . - .
B) The proposed addition has no visual effect on neighbor's
views, or light or air. �
4. Construction of this addition by the applicant's contractor was
commenced without a building permit.
• 5. 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. 2025
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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 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.
COAiCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.24, Subdivision 5
(B) to permit the construction of an attached screen porch which will. be
located 7 feet from the side lot line where a side yard setback of 10 feet
is normally required, subject to the following conditions:
• 1. An after-the-fact investigation fee (penalty fee) equal to the
building permit fee will be assessed when the building permit is
issued.
2. The height of the proposed screen porch addition shall not exceed
the height of the existing house.
3. 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 wil 1 expire on that date (July 28,
1987 ) .
4. 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.
.5. 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. -
Adoptecl by the Orono City Council on this 28th day of July, 1986.
• ATT T:
C
o M. llin, City Clerk Mary B r, Mayor
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Pro erty Owner(s)
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� , RESOLUTION OF THE CITY COUNCIL
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. STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ���� day of ' _, 1986
before me a Notary blic ith' and f said county, personally
appeared i� � '�U known to me to be
the person(s ) de cribed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as ,
his (their) free act and deed.
• \ .
� 10Ar1NE C,IAT�IN
�NOTARY PUBUC-MIN�ESOTA
};�NNEPI�I COUNT t 5,1'�9� ARY PUBLIC
� �y Commission Expires����,�„K .
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MY CO SSION E�PIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this � day of �� �Y', 1986, before me .
a ary Pu 1 ' hin an for s ' County, personally appeared
���Y�/ ���j�e/��o 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.
•
� � �QAfVNE C. ;
�MOTARyp�BIIC���N �OTARY PUBLIC
• � ` MINNESOtq
HENNEPIN COUNTY
r
��Y Commission Expires Sept 5, 1990
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' M / MMISSION EXPIRES
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