HomeMy WebLinkAboutResolution 2631 � F
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� ��� RESOLUTION OF THE CITY COUNCIL
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��:`/����'��� ��=� NO. 2631 `
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A RESOLIITION GRANTING s
AN AFT$R—THE—FACT VARIANCE TO
MUNICIPAL ZONING COD$ �
SECTION 10.23, SIIBDIVISIONS 6 (B) �
FILS #1389
WH$REAS, Mr. & Mrs. James Mardock (hereinafter "the :
applicants") are the owners of the property Iocated at 880 Dakota :
Avenue within the City of Orono (hereinafter "City") and legally
� described as follows:
Lot 4 , Johnston's Rea.rrangement of Albee's Long Lake
Addition, Hennepin County, Minnesota (hereinafter "the
property"); and ',
WH$REAS, the applicants have applied to the City for an
after-the-fact variance to Municipal Zoning Code Section 10.23,
Subdivisions 6 (B) to permit the construction of a second story
deck located 27.3' from the rear Iot line where a 50' rear
• setback is normally required for such a structure.
NOW, THEREFORE, BE IT RESOLVI3D by the City Counci I of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning Fi1e #1389.
2. The property is located in the LR-lA Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on Apri 1 17, 19 8 9, and recommended approva Y of the af ter-
the-fact variance based upon the following findings:
A) The deck repYaces a previous deck which was in poor
� condition.
B) The new deck is located in approximateYy the same
Iocation as the old deck, and is no closer to the rear
1ot line than the old deck.
C) Due to the site layout and topography, in addition
to a low area directly to the rear of the property, no
• neighboring properties W�11 be signficantly affected by
this deck.
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i� Cit� of ORONO �
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RESOLUTION OF THE CITY COUNCIL
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'' � NO. 2631
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4. Th� City Council has consider�d this application
. including th� findings and r�comm�ndations of th� Planning
Commission, r�ports by City staff, comm�nts by th�
. applicants and ths �ff�ct of th� aft�r-the-fact variance on
th� h�alth, saf�ty and w�lfar� of the community.
• 5. Th� City Council finds that th� canditions sxisting on
this prop�rty ar� p�culiar to it and do not apply gen�rally
to oth�r property in this zoning district; that granting th�
varianc� would nat advers�ly aff�ct traffic conditions,
light, air nor pos� a fir� hazard or othsr dang�r to
n�ighboring propsrty; would not mer�ly s�rv� as a
conv�ni�nc� to th� applicants, but � is necessary to
all�viat� a demonstrabls hardship or difficulty; is
n�cessary to pr�s�rv� a substantial property right of th�
applicants; and would b� in k�eping with the spirit and
int�nt of th� Zoning Cods and Compr�h�nsivs Plan of th�
• City.
CONCLIISIONS, ORDER AND CONDITIONS
Bas�d upon on� or more of th� findings not�d abov�, the
Orono City Council h�r�by grants an aft�r-th�-fact varianc� to
th� Municipal Zoning Cod� S�ction 10.23, Subdivision 6 (B) to
p�rmit th� constructian of a d�ck Tocated 27.3' from th� r�ar lot
lin� wh�r� a 50' r�ar lot lin� s�tback is normally r�quir�d,
subj�ct to th� following conditions:
. 1. Applicants sha11 obtain an aftsr-th�-fact building
p�rmit and shall pay th� r�quir�d aft�r-th�-fact
inv�stigation fe� in addition to th� normal building p�rmit
f��.
2. Authoriti�s grant�d by this r�salution run with th�
prop�rty not with th� applicants, but ar� p�rmissiv� only
and must b� �x�rcis�d by application for a building p�rmit
. within one y�ar of th� dat� of Council approval, or this
varianc� wi11 �xpirs on that dat� (May 8, 1990).
3. Violation of or non-compliance with any of th� t�rms and
conditions of this varianc� shall constitut� a violation of
the zoning cod�, shal 1 automatically terminat� any authority
• grant�d hsr�in, and shall b� punishabls as a misd�m�anar.
4. The und�rsign�d applicants hav� read, undsrstood and
h�r�by agr�� to th� t�rms of thi s reso lutian and on beha 1 f
of thems�Iv�s, th�ir h�irs, succ�ssors and assigns, h�r�by
agrs� to th� r�cording of this r�solution in th� chain of
tit7.� of th� prop�rty.
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�:� Cit� of ORONO .
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RESOLUTION OF THE CITY COUNCIL
r' � NO. 2631
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Adopt�d by th� City Council of the City af Orono,
Minn�sota at a r�gular meeting held on the 8th day of May, 1989.
.� ATT ST:
. • j �•r �
othy . Hallin, City Cl�rk Jam� R. Grab�k, ayor
C�/(�Qi:�� �/ ' C
P �rty Own�r(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
• . Th� for�going instrum�nt was acknowl�dg�d b�for� m� on
this 8th day af May, 1989, by James R. Grab�k & Dorothy M.
Ha11in, Mayor & City Cl�rk of th� City of Orono, a Minnssota
municipal corporation ancl said instrument was �xecut�d on behalf
of th� City.
No ary Public ,,,,_,
::i;��3� RIC K. SCHEFFLER
' ��:�;�.�� NOTARY PUBLIC-MINNESOTA -
.����; HENNEPW COUNTY
,,;;�..+' My commission expires6•8-93
My Commission xpi �
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c�t� o� oR,oNo
� RESOLUTION OF THE CITY COUNCIL
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� NO. 2631
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this � day of � /�y , 198g
before m No ar Pu lic wit�', and for aid county, personally
appeared . ���� l� 1fI�1� _ . /�';�(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. _ .
• , '
• ' NO RY PUB t„�..;,,
,����� LAURIE C MEFFLER
.s`^���`.�' NOTARY PUBUC-MINNESOT^
�'��-3�;;��� HENNEPIN COUNTY
ti%;;;;��;:?;'�� My commission expires 6-8-93
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, personal ly 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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