HomeMy WebLinkAbout#4005-variances-1998 � o�
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�dR - �� CITY of ORONO
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�� �,'�' RESOLUTION OF THE CITY COUNCIL
9kESH�SL`� NO. � � o iD
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 6(A),
FILE NO. 2313
WHEREAS, Tom and Kari Steinke (hereinafter "the applicants") are owners of
the property located at 910 Dakota Avenue within the City of Orono (hereinafter "the City")
and legally described as follows:
Lot 8, Johnston's Rearrangement of Albee's Long Lake Addition (hereinafter "the
property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.23, Subdivision 6(A) to allow a second story to be added to the
existing residence that encroaches 17.6' into the required side yard setback where 30' is required
as shown on Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #2313.
2. The property is located in the LR-lA Single Family Lakeshore Residential
Zoning District requiring two acres in area. The property consists of .67 acre.
3. The Orono Planning Commission reviewed this application on November 17,
1997 and recommended approval of the proposed variance based upon the
following findings:
l. The existing residence is partially located within the required side setback.
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��� ���' RESOLUTION OF THE CITY COUNCIL
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2. Granting the side setback variance would not result in further
encroachment upon the south side lot line.
4. 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 variances 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 applicants, but is necessary to alleviate a
demonstrable 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.
5. 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 1023, Subdivision 6(A) to allow a second
story addition over the existing residence that is located 12.4' from the side lot line where 30'
is required.
1. Authorities granted by this variance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit w�ithin one year of the date of Council approval, or this variance
will expire on that date (November 24, 1998).
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 applicants have read, understood and hereby ab ee to the terms of this
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�b�- C ITY of ORONO
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�� �'�' RESOWTION OF THE CITY COUNCIL
��kESHOg'� NO. 4 � O �
resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree
to the recording of this resolution in the Chain of Title of the property.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 24th day of November, 1997.
ATTEST:
�
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rc y ��in�, City Clerk Gabriel Jabbour, Mayor
L,,�f-, .c'z�
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;� r ert � �rner (s)
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was ,acknowledged before me on this 24th day of
November, 1997 by Gabriel Jabbour and DehQ� .� r � in, Mayor and City Clerk of the City
of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of
the City.
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''�=- - _ JAMIE L GEMAR
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e�r'` NOTAAYPI�.I�MINNF.$pTl� Notar� Public
.- ' �t�tn Cout�m '
•,..•''' tiy cornm�ion r�pkes,ran.31,Z000
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��b - CITY of ORONO
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�� G'� RESOLUTION OF THE CITY COUNCIL
t�kESH�g'� NO. � � O �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this�day of `�'/'L�-�� , 199�before me a Notary Public within and
fir said county, rersonally appeared �--r., � Q vr " �
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.
� '••, JAMIE L GEMAR , �, n�aU✓
• NOTARY PIfBIIC-MINNESOTA
� 1 . •' �r�Ncourmr N4 RY PUBLIC
�'-
�,�.••'� My Commissiat E�ires Jan.31,2000
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_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
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e,µ HOUSE LOCATION SURVEY FOR (xl�;h;�'
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TOM STEINKE
OF LOT 8, JOHNSTON' S REARRANGEMENT � � Q �
OF ALBEE' S LONG LAKE ADDITION
HENNEPIN COUNTY, MINNESOTA
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----� . _ -� z�e.se ' •• 92.97 �.
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' �FGAi nFSCRIPTION OF PREMISES_:
Lot 8, Johnston's Rearrangement of Albee's Long Lake Addition
o : denotes iron marker
This survey intends to show the location of an existing house
in.relation to the South line of the above described property,
It does not purpori to show any other improvements or encroachments.
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1 hereby certify that this sun•ey was prepared by me or under my direct super- o�rE /p-�g-y�
l 1 '� � vision,and that I am a duly registered Ci��il Engineer and Land Surveyor under
!!� the laws of the State of�linnesota. �� ���_�o,
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.r�'l'�`'`�� me no. 97-4iS
hlark S.Gmnberg Alinnewta I,icense Num 12755