HomeMy WebLinkAboutResolution 2476 �i. •
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RESOLUTION OF THE CITY COUNCI L
:'.� NO. 2476
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A R13SOLDTION GRANTING
A VARIANCS TO
MITNICIPAL ZONING CODL
SECTION 10.28, SDBDIVISION 5 (B)
FILE #1307
WHER$AS, Diane and Douglas Merz (hereinafter "the applicants")
are owners of the property located at 3195 Watertown Road within the City
of Orono (hereinafter "City") and legally described as follows:
� Lot 1, . Auditors Subdivision No. 230, Hennepin County, Minnesota
(hereinafter "the property"); and
WH$RBAS, the applicants have applied to the City for a variance
to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the
-��; construction of a first f loor level deck and railing located less than the
; required 50' street yard setback from Leaf Street.
"i NOW, THER$FOR$, BS IT RESOLVED by the City Council of Orono,
': • Minnesota:
� � FINDINGS
f ' 1. This application was reviewed as Zoning File �1307.
�'� 2. The property is located in the RR-1B Single Family Rural
:; Residential Zoning District.
3. The Orono Planning Commission reviewed this application on July
�' 18, 1988, and recommended ap�roval of the proposed variance based upon
:'; the following findings:
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'` A) The proposed deck will be approximately 11' from the west
":; property line abutting Leaf Street at its closest point. Due to
', the location of the existing house entirely within the 50'
required street setback, it is impossible to attach a deck to the
house without the need for a variance.
'�+`j B) The proposed deck replaces an existing deck which was removed
`'� due to its poor condition. The proposal includes an additional
��;?� deck at the north end of the house which was not previousl,y
�;';.� existing. •
�. ��9 C) The proposed deck will have absolutely no effect on .
y Y'� neighboring properties, and wil 1 have no negative effects on the
-,'� • neighborhood. ,
D) Construction of the deck was commenced without a permit, and
- the applicants stated that they did not realize that a permit was
'� required to merely replace the existing deck.
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��.� RESOLUTION OF THE CITY COUNCIL
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� ��� NO. 2476
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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 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.
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� � CONCLIISIONS, ORDffit AND CONDITIONS .
"�S
�; • Based upon one or more of the findings noted above, the Orono
City Council hereby grants a variance �o Municipal Zoning Code Section
'� . 10.28, Subdivision 5 (B) to permit the construction of a first floor level
; . deck and railing located 11' from the side street lot line adjacent to Leaf
Street where a 50' setback is normally required, subject to the following
��.; conditions:
1. Applicants shall revise the deck plan to maintain a 3' setback to
the existing well as required by State Well Code.
; 2. Applicants shall obtain a building permit and comply with all
; Building Code regulations regarding deck construction, including any
� changes to the comp leted portion of the deck, that may be deemed
:;; necessary by the Building Inspector.
�'f
..� 3. 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 (July 25,
:.� 1989 ) .
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r,,� 4. Violation of or non-compliance with any of the terms and
__,s conditions of this resolution shall constitute a violation of the
���.� zoning code, shall automatically terminate any authority granted
��_� herein, and shal 1 be punishable as a misdemeanor.
_� • 5. The undersigned applicants have read, understood and hereby agree
to the terms of this 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.
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� �`? d Cit o� ORONO
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R�SOLUTION OF THE CITY COUNCIL
;:� NO. 2476
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Adopted by the Orono City Council on this 25th day of July, 1988.
ATT T:
,
. or.othy M. a_].lin, City Clerk Jame R. Grabe , Mayor
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�: RESOLUTION OF THE CITY COUNCIL
�':F,�..,',;� .
� NO. 2476
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STATE OF MINNESOTA )
, ) ss.
� COUNTY OF HENNEPIN ) � � �
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; On thi s � � day of �U G v ST , 19 8�
� before me a Notary Public ithin and for said county, personally
� appeared ���s� FI-s /�CRz /�'�v.� �iCJ'N� ��iP Z
� 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. .
�. • �� v11V1 KOURSH ' � " Ji
� ' NOTARY PUBLIC—MINNESOTA ��
HENNEPIN COUNTY NOTARY PUBLIC
' My Commission F�cpires Feb.18,19p3
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� MY COMMISSION E PIRES
;
� 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 acknawledged that he (they) executed the same as his
; (their) free act and deed.
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� - -= - NOTARY PUBLIC -
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: MY COMMISSION EXPIRES
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