HomeMy WebLinkAboutResolution 2241 ; ,
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� �- - ��'��' �t Clt o� ORONO
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., �� RESOLUTION OF THE CITY COUNCIL
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A RESOLDTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.23, SIIBDIVISION 6(B)
FII,$ #1166
WHEREAS, Hartmut Ginnow-Merkert (hereinafter "the
applicant" ) is the owner of tYie property located at 1840 Lakeview
Terrace within the City of Orono (hereinafter "City") and legally
described as:
Lot 5, Block l, 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 second story deck located 32 feet from
the front/street setback line instead of the required 50 feet.
• NOW, THERBFOR$, B$ IT R$SOLVBD by the City Counci 1 of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #1166 . ,
2. The property is located in the LR-lA, Lakeshore Residential
Zoning District.
3. The Orono Planning Commission reviewed this application on
July 20, 1987, and recommended approval of the proposed variance
based upon the following findings:
1) The principal structures in the area were in accordance
with the one acre zoning ordinance when they were
subdivided.
2) The existing improvements on the property fall well below
the 35 percent allowance of hardcover.
3 ) The proposed deck would have natural screening most of
the year.
4) The north side of the property abuts Sixth Avenue North,
a heavily trafficked noisy roadway.
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. � � C�t� o�� ORONO
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• �� ' RESOLUTION OF THE CITY COUNCIL
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5) The interior layout of the house has bedrooms on the
eastern portion of the house.
_ 6) The well is located 2 feet out from the west side� of the
' house.
� 7) The septic system pipes extend out f rom the north and
east corner of the house.
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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.
5. The City Council finds that the conditions existing on this
' property are peculiar to it and do not apply general ly 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.
CONCLUSIONS, ORD$R AIdD CONDITIONS
Based upon one or more the the findings noted above, 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
second story deck 32 feet from the front/street property line instead
of the required 50 feet subject to the following conditions:
l. The applicant is placed on notice that the City may not
• consider future variance applications that would seek setback
variances involving additional encroachment into the already
substandard front yard.
2. The City has granted a front/street setback variance for an
open deck. Any plan to enclose this structure will require a
separate variance review.
• 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 will expire on
that date (August 10, 1988).
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� C��t�� o�� ORONO .
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• RESOLUTION OF THE CITY COUNCIL
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' • ... NO. 2241 . • . . ?� R.._ a�_ . _� ... `
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• 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. .
Adopted by the Orono City Council on this lOth day of
Aug st, 1987. • �
• ATT T: • _
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thy M allin, City Clerk Ja es R. G k ayor
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Property O er(s) ,
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� RESOLUTION OF THE CITY COUNCIL
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. STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 35th day of (�c�t�hPr . 1987
before me a Notary Public within and for said county, personally
appeared Hartmut Ginnow-Merkert & Doris Merkert
known to me to be the person(s) described in and who executed the .
foregoing instrument, and acknowledged that he (they) executed
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the same as his (their) free act and deed.
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TMEp� �. NAAB NOTARY PUBLIC
�� p�.MINNE80TA
�EN��N�
9/8/92
� MY COMMISSION EXPIRES
STATE OF MINNESOTA ) -
)ss.
COUNTY OF HENNEPIN )
On this day of , 198 , 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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