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Home My WebLink AboutREsolution 2689 (2) - �.. � � � Cit o� ORONO � ,, � � 4 �` � ,.'�.! RESOLUTION OF THE CITY COUNCIL ,,�. NO. 2689 . • ;z• • �-,: ,• F.` �l' � � A RESOLDTION GRANTING A VARIANC$ TO 1�iDNICIPAL ZONING COD$ SECTION 10.25, SUBDIVISION 6 (B) FILE #1435 WHSR$AS , John and Gail Nafus (hereinafter "the applicants") are the owners of the property located at 2580 Dunwoody Avenue within the City of Orono (hereinafter "City") and . legally described as follows: ' . Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a garage/storage addition, 24'x34' , to the rear of the residence to be located 14' instead of 15' from the right-of-way of Casco Point Road requiring • approval of a 1' setback variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � . FINDINGS 1. This application was reviewed as Zoning File #1435. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District requiring 1/2 acre in area. The property consists of 22,000 square feet. 3. The Orono Planning Commission reviewed this application on August 21, 1989, and recommended approval of the proposed variance based upon the following findings: A) The proposed addition will be located 43' from the travelled road portion of Casco Point Road. B) The garage had to be located to the east side of the rear because of the view windows along the western portion of the rear of the house. C) Side and front yards do not have adequate area within the defined building envelope to meet the • setback requirements for the proposed 24'x34' addition. Page 1 of 4 � . �J ,,f': a � :.',:f'..��/.. . . ��y •� �� Clt o� ORONO - �- , � � . • � RESOLUTION OF THE CITY COUNCIL � a ,�.: .�- ,s ��• ,,�' NO. 2689 .• � • • `:�r.= D) The proposed location of the addition does not require removal of any trees. 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 � hea 1 th, saf ety and we 1 f are 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 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. CONCLDSIONS, ORDffit AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a 24'x34' garage/storage addition to the rear of the house requiring a setback variance of 1' , subject to the following conditions: . 1. The owners are hereby advised that a new curb cut at Casco Point Road must be approved by the Public Works Department and that such a request may necessitate the removal of one of the two existing curb cuts at Casco Point Road and Dunwoody Avenue. 2. Authorities granted by 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 28, 1990). 3. Violation of or non-compliance with any of the terms and • conditions of this variance shall constitute a violation of the zoning code, shall automatical ly terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 4 � __ �_ ___ , � ., �. ,: 3� �.'... , - Clt� o� ORONO . � • ' 4..�..�': . . :, .. ,.�;rj'.. .' RESOLUTION OF THE CiTY COUNCIL _ � :., NO. 2689 $ .: . . • • . ..�i! F .�. 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. Adopted by the City Council of the City of Orono, , Minnesota at a regular meeting held on the 28th day of August, 1989. ATT ST: . � - E 0 othy M. allin, City C1 rk Jame R. Grabek, Ma � -•r-� - iz--�\. �.v�1�. �� • -p w r ) � TATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on � this 28th day of August, 1989, by James R. Grabek & Dorothy M. E Hallin, Mayor & City Clerk of the City of Orono, a Minnesota ` municipal corporation and said instrument was executed on behalf � of the City. No ary Publ' : }�'y�"`�� LAURI SCHEFFLER ;�'�''�:�., ' "t .;.�'� NOTARY PUBUC-MINNESOTA • �:',�>• HENNEPIN COUNTY ,,:.`��:�r' My commission axpiresb-8-93 My Commission Expires � F Page 3 of 4 ° • • , . . ,. cit� o� oR,oNo � RESOLUTION OF THE CITY COUNCIL � NO. 2689 � ' • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��j�� day of ��(Ast' ► 19� before m a No ar Publ�c .with'n and for said county, personally appeared known to me to be the person(s) describ d in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ' • NO ARY PUB •%�;<�_:� LAURI . SCHEFFLER L�'`S f�` ' u_� c;� NOTARY PWBLIC—MINNESOTA � ` ��'�r HENNEPIN COUNTY �Y��i:;; �.;,�.,;S�'" My commission expires6-8-93 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 4 of 4 . � . .� �: ,+= • � . . . .! _ . �.• ,.�. � . • . . _ i , ' . � � � A'� ` Clt o� ORONO . �. � �� . . � �' `� , �:+�� . � � ' RESOLUTION OF THE CITY COUNCIL �. � . •. . � � . .,.,. NO. 2689 . � . - . . .:�' �j . . . � , • • • r ...:��.t f�i.r . • , ' � � EXHIBIT A � • ' � . Tliat part of Lot 4 , alock 7 ,� Townsite of Lanydon Park described as follows: Begin- � .`•� ning at tlie Soutiiwest corner of said Lot 4 ; thence Northwesterly along tlie Southwest- � . erly line of said Lot 4 a distance of 123,24 feet; tlience deflecting rigfit 100 de- � � grees 12 mInutes a clistance oF 150.00 feet; tlience deflecting left 16 degrees 33 � minutes Lo tf�e Nori:l�easi:erly l ine of tlie Southwesterly 250.00 fee1; of said Lot 4 ; � thence Southeasterly along said Northeasterly line of the Southwesterly 250.00 feet � to Llie Soutlieasterly line of said Loi: 4 ; tl�ence Southwesterly along said Southeast- � erly line to 1:he_point of beginning; � •� , . r"s� '. .. "�'e • f^r • • • yJ: . � . ' .. -�� . � L�fi . . : � '�`�� • ._ . .� �. .• , � , ��4� t .��;�1 . �.. . , � • , , � , . • • ' �_,~ + �C .. . ` t�IYn. . . � . . �`� . • . . '.��t�. .K{` � .Y�C.4�� `9i . . ;,��: . . . ' y��'• ' K1.F� • • . . • �-�. . i �.� .. . . . ��' . . . 4J w . 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