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HomeMy WebLinkAboutResolution 2250 ,.;. �r �� Ci.t o� ORONO . � �' • RESOLUTION OF THE CITY COUNCIL � � , NO. 2250 • - • • A RESOLDTION GRANTING A VARIANCE TO MUNICIPAL ZONING COD$ SECTION 10.24, SUBDIVISION 5 (B) FILE #1182 WHERRAS, Lisa & Marty Dietrich-Blocker (hereinafter "the applicants") are the owners of the property located at 458 Linden Avenue within the City of Orono (hereinafter "City") and legally described as Lots l, 2, 14, and 15, Block 2, Minnetonka Summit Park, Hennepin County, Minnesota (hereinafter "the property"); and WHER$AS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) ;to permit the reconstruction of the foundation on the west portion of the existing house located 28 feet from the front lot line instead of the required 35 feet. The substandard front setback line will be extended approximately 10' as a result of new construction. NOW, THEREFORF, BTs IT RBSOI.VED by the City Counci 1 of Orono, • Minnesota: Y�'INDINGS 1. This application was reviewed as Zoning File #1182. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 17, 1987, and recommended approval of the proposed variance based upon the following findings: A) The house was built in 1927 before one acre standards existed and was located on the property prior to established setback standards. B) The size and proposed improvements of the property appear consistent with the surrounding pattern of development. C) The most affected neighboring property owners have been notified and the City has received no negative comments. D) The house is located on a dead-end road and the construction will have little impact on the surrounding area. • Page 1 of 4 . �t J ` � � Cit� o� ORONO • RESOLUTION OF THE CITY COUNCIL • � � NO. 2250 � • - • • � 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants 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 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 demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; 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 one or more of the findings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the reconstruction of the foundation on the west portion of the existi�g house located 28 feet from the front lot line instead of the required 35 feet. Construction would also extend along � the substandard line and an extension of approximately 10 feet along the substandard front line for a deck addition. l. Applicant shal 1 apply to legal ly combine all contiguous, commonly owned lots under one property indentification. Combination form to be executed at the Orono City office. 2. Authorities granted with this resolution run with the property not with the applicants, 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 24, 1988). 3. Violation of or non-compliance with any of the terms and conditions of this resolution 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 applicants have read, understood and hereby agrees to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 2 of 4 .. . - � ' "- � � Cit� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2250 • - • • " Adopted by the Orono City Council on this 24th day of August, 1987. . AT ST: � �� � D othy Hallin, City Clerk Jame R. Grabek, or ` ` f `I�2r�z.De(,c� � Pro erty Owner(s) • , } i i 1 : . t • . Page 3 of 4 � ' � ` . � • �� , -i♦ "r,� . . . a ,� • � . . � � clt� o� oR,oNo � � RESOLUTION OF THE CITY COUNCIL � NO. 2250 • -�• • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��� day of �l.t_.ci�[.S� ► 1987 before me a Notary ublic within and for said county, personally appeared �.I SQ 1� I 2�i''�C'�— ��4n,J! D� 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. � - /�J �ERE NOTARY PUBLIC Np'► aA �H��4��N OINN SOtq --°•••■wofl�r��� 9�'-9a � MY COMMISSION EXPIRES STATE OF MINNESOTA ) , . )ss. ' COUNTY OF HENNEPIN ) - On this � day of �, , 198�, before me a otary Pu li withi� and �or �aid County, personal Yy 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 � '��'�` "�,.� -9a ���"»� MY COMMISSION EXPIRES � � Page 4 of' 4 , � _. _ . : . . �