HomeMy WebLinkAboutResolution 2614 1` `+
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: � Ci.t� o� ORONO � .
• RESOLUTION OF THE CITY COUNCIL
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A R$SOLIITION GRANTING �
AN AFTBR-THS-FACT VARIANCE TO
1sLTNICIPAL ZONING CODE �
� S13CTION 10.28, SIIBDIVISIONS 5 (A) :
FII.$ #1387
WH$R$AS, Margaret D. Rossing (hereinafter "the app licant") is the
owner of the property located at 130 Cygnet Place within the City of Orono �
(hereinafter "City") and legally described as Lots 1 and 2, Block 3, Swan
Lake Addition, Hennepin County, Minnesota (hereinafter "the property"); and
WHER$AS, the app licant has applied to the City for an after-the- �
fact variance to Municipal Zoning Code Section 10.28, Subdivisions 5 (A) to �
permit a deck reconstructed without the benefit of a building permit to .
remain that is located 11'4" from the rear lot line instead of 50' as •
required by the ordinance. .
NOW, THEREFOR$, BE IT RESOLVED by the City Council of Orono,
•Minnesota:
FINDINGS �
1. This application was reviewed as Zoning File #1387.
2. The prvperty is located in the RR-1B Single Family Rural �
Residential Zoning District requiring 2 acres in area. The property `
consists of 1+ acres and was created prior to the current zoning .
standards. �
3. The Orono Planning Commission reviewed this app lication on March
20, 1989, and recommended approval of the after-the-fact variance
based upon the following findings: .
A) Unusual shape of lot.
' B) House located on lot prior to existing zoning standards. The �
rear setback of the principal structure is 25' where the current
code requires a 50 ' setback. .
C) Location of house on lot and interior floor plan restricts ;
construction of deck on east and south side of residence
structure.
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.�, NO. 2614
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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 after-the-
fact 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 after-the-fact
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 app licant; 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 an after-the-fact variance to the Municipal
Zoning Code Sectian 10.28, Subdivisions 5 (A) to permit a deck constructed
without a building permit to remain at 11'4" from the rear lot line,
subject to the following conditions:
1. Authorities granted by- this resolution 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 wi11 exgire on that date (April 10,
1990 ) .
2. Violation of or non-compliance with any of the terms and
conditions of this variance sha11 constitute a violation of the z�ning
code, shall automatically terminate any authority granted herein, and
shal 1 be punishable as a misdemeanor.
3. The undersigned applicant has read, understood and hereby agrees
to the terms of this resolution and on behalf of herself, her heirs,
successors and assigns, hereby agrees to the recording of this
resolution in the chain of title of the property.
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� Cit� of ORONO
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� • RESOLUTION OF THE CITY COUNCIL
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' NO. 2614
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Adopted by the City Council of the City of Orono, Minnesota at a
. regular meeting held on the lOth day of April, 1989.
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ATT ST: ;
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0 othy . Hallin, Cit Clerk `' Jame R. Grabek, ayor
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Proper Owner s
' , �HN R. QERHARDSON
TJ1RY PUBLIC-MINNE80TA
STATE OF MINNESOTA ) HENNEPIN COUN�y
) s s. 1+b aomm►sa�on�s to.2�.M
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this lOth
• day of April, 1989, by James R. Grabek & Dorothy M. Ha11in, Mayor & 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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Notary Pu lic
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My Commission Expires
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RESOLUTION OF THE CITY COUNCI L
� � NO. 2614
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. 'ti .IOHN i� OERHARD30N
ilOTAFiY UBLIC-MINNESpTA
STATE OF MINNESOTA ) +� HENNEPIN COUNTY
) • s s. tib oommtsaa��cptrea�
COUNTY OF HENNEPIN )
On this /D day of ��„O�r�/ ► 198.�
-•� before me a Notary Public within and for�said county, personally
appeared �-yj�,����u� ,�- r�-�� known to me to be
the person(s�escribed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
hi s (their) f ree act and deed. ,
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NO ARY PUB�IC '
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MY COMMISSION XPIRES
STATE OF MINNESOTA ) - ,
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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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