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HomeMy WebLinkAboutResolution 2284 . �, . �- � ,'-:� Cit� o� ORONO � RESOLUTION OF THE CITY COUNCIL � NO. 2284 � ' • - • • A RESOLIITION GRAIdTING A VARIANCE TO • . . � I+�iJNICIPAI, ZONING COD}3 SECTION 10.24, SDBDIVISION 5 (B) FIL$ #1206 � WH$REAS, Katherine C. Perry (hereinafter "the applicant") is the , owner of the property located at 2693 Kel ly Avenue within the City of Orono (hereinafter "City") and Iegally described as follows: Block 2, Carman Cove, Hennepin County, Minnesota (hereinafter "the property"); and Tnl�$REAS, 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 a deck and screen porch Iocated 32 feet from the side street Iot line where a 35 foot side street setback is normally required. NOW, THEREFOR$, BE IT RESOLVED by the City Council of Orono, • Minnesota: , FINUINGS 1. This application was reviewed as Zoning File #1206. 2. The property is Iocated in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 19, 1987, and recommended approval of the proposed variance based upon the following findings: A) Moving the wall of the porch to meet the 35' required setback would place the wall in conflict with existing door and window Iocations. B) The porch and deck as proposed W�ii have no significant visual effect on the character of 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 � `.. s; . C�t� o� ORONO � • RESOLUTION OF THE CITY COUNCIL � NO. 2284 � ' • • • • 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generaYly to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, Iight, 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 applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the Citye COYJCL�SIONS, O12DER AIdD 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 construction of a deck and screen porch located 32 feet from the side street lot Iine where a 35 foot side street setback is normal ly required, subject to the following conditions: • l. 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 bui].ding permit within one year of the date of Council approval, or this variance wi1 1 expire on that date (October 26, 1988). 2. Violation of or nori-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 shal I be punishable as a misdemeanor. 3. The undersigned applicant have 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 26th day of October, 1987. ATT T: , . ' orothy allin, City Clerk Jam s R. Gra , yor • � P operty Owner(s) Page 2 of 3 .- � ''�!': _ • • Clt� of ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2284 � ' • - • • STATE OF MINNESOTA ) , • ) ss. COUNTY OF HENNEPIN ) On this �(o '�'h day of �C��,(�Qr , 198 rJ before me a Nota y Public within and for said county, personally . aPPeared ,c 2�'irl� � � 2l'/y ,.�i/la /�i known to me to be the person(s) desc ibed i and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. . � . ��..� -�?�1/�G-- Patricia L. Petersun NO ARY PUBLIC ' � NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY • My commissfon expires 7-15-93 _ — � /5 9.3 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 � Page 3 of 3