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Home My WebLink AboutResolution 2633 . .. . .' .. .... ...._ ., .. . .. a-t .x � t,�.�- . � }„ . . ..�c"T.c._.:.:.,._.y,t �u-'��o'�1.�'�re�.'.�uF'��'i•�,?,"".£t�..",e7''�f.s�q.�'� """<y s+rvF°'a �?i"�'�kk1'4r+-,.. �va:��*'} �;'�-��.z�i„*x -.�.y' ��x��.'��'ar�q,t'.r ��'� '��,-�,.XE'�r�',��.'i7R'.:r-"'ir:i�' �"�h��y.. s`Ti.?'.�... �.>CZ... -! . -� �.. .�s'_ s bTL..�.f 4}ai.� ''rc.k'��;YcaY.I--�E'�...,�,s -: �� - � aas�'l -.�i�.'?y� �i�..,. 8 16 °m �'� .a.. :A�r._}I.L�. _.3.a Lt�' � � ,�-r�.r+r';ut rF,�c� .._ . ..r c. y=�_ "�-n+�s .'nra..s� v_ra� sw. '� .0 a•. � ._�� .,¢� � �� s �E.-:K � �`Jr-ft'y�a;��. ^x!'sF'•L«.-sL� �.- .5 S.- i a �' r -s�t rcr'"�+ r x-` + ��"�- t�ts� �z.� 1� S'� ,i",Ti 'R°�uai.3y:Ka- � , T'wY�� iri i�l'E. # ,t..[.{. � � '^a T A'a1 - � lc�a ^KIT.Ys ..�L;. i.. J ��p, . . __ X"%�-...• !, :�- _ '�'en:} � `}� -r'i'�cr�7 'p' ' -,:, r .1.s....�R�a-r 23Gr 'a'J:s .,.. ':• '7 _1'f t R' "cU'E ;�..r- .� :17,.1 s3.:- dS�t1+1E t g. a , S _ 4 �� .: 7. � :� . _ .. �. �..� �.. ..+1_f.� .�...:. t� 6"_':!!i ... _ . � �3.�. �-.�.. .. . � .. . . . . .. . �. r. .. _. . . . . � � _. .. . ..,.,� . =Y. . . �... . �� ...., _.._ �...... . .. . ,�u.-.. _�.a-,are.:. .. _. .. _. .... . . '.� - Cit o� ORONO_ � . � �� At,�� =�� , . RESOLUTION OF THE CITY COUNCIL .,: r;. , r . 2633 J ' : 'f'x 'L • N O. �.Y�`•r. _ . � • •' • oa. •',: A RSSOLIITION GRANTING AN AFTER-TH$-FACT VARIANCE TO ' MDNICIPAI. ZONING CODE ! SECTION 10.55, SIIBDIVISIONS 8 � J FILS #1394 i WHER$AS , on March 15 , 1989 , Dennis E. Evans ! (hereinafter "the applicant") agreed to make application to the ' City of Orono for a variance as a condition to the sale to � Jackson L. Wi I son and Judith E. Wi 1 son, husband and wif e, of the property located at 3059 Farview Lane within the City of Orono ' (hereinafter "City") legally described as Lot 6, Block 1, : Farview, Hennepin County, Minnesota (hereinafter "the property"); � and i � WHSR$AS, the app 1 icant has app 1 ied to the City f or an after-the-fact variance to Municipal Zoning Code Section 10.55, Subdivisions 8 to permit a portion of the pool and deck area as ': • well as an addition to the principal structure, as shown on the ; survey of Schoell & Madson, Inc. dated January 5, 1989, prepared for Chase Manhattan Financial Center, Inc., to remain 20' from a designated wetlands instead of ineeting the required 26' setback. � NOW, TH$REFORE, BE IT RESOLV$D by the City Counci 1 of • Orono, Minnesota: � I FINDINGS l. This application was reviewed as Zoning File #1394. ,; 2. The property is Iocated in the LR-lA Singl.e Family � Lakeshore Residential Zoning District requiring 2 acres in ; area. The property consists of 2+ contiguous acres in area. � � 3. The Orono Planning Commission reviewed this application ; on April 17, 1989, and recommended approval of the after- � the-fact variance based upon the fol Iowing findirigs: A) The issuance of Permit #4082 by the City of Orono � for the addition on September 10, 1979 confirms that ; owner at that time had complied with all requirements ' and zoning standards of the City. : B) The building was put up in good faith and reliance ; • upon City approval. C) The denial of this variance years after completion of construction would create an unmarketable property . � and would be economically unfeasible to correct. � • Page 1 of 4 � ,;, . ,�. , � c�t� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL `' � ` 2633 �: . � NO. � • - � • � 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 proposed variances on the health, safety and welfare of the community. 5. The City Counci 1 f inds that the conditions exi sting 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; 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 an after-the-fact variance to the Municipal Zoning Code Section 10.55, Subdivisions 8 to permit a portion of the pool and deck area as well as an addition to the principal structure, as shown .on the survey of Schoell & Madson, Inc. dated January 5 , 1989 , prepared for Chase Manhattan Financial Center, Inc. to remain, 20 ' from the adjacent , designated wetland, instead of ineeting the required 26' setback, subject to the following conditions: l. 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. 2. The undersigned havs 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. � � Page 2 of 4 � ° . ,, ...� .,+,�-� d Cit� of ORONO • RESOLUTION OF THE CITY COUNCIL � . � NO. 2633 ^• • • • Adopted by the City Council af the City of Orono, Minnesota at a regular meeting held an the 8th day of May, 1989. AT ST: � � � �othy M Hallin, City Clerk Jam R. Grabek, Mayor � - �!f/ � L - Jac on L. Wilson, er Ju th E. Wilson, Owner Dennis E. Evans, Applicant • STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) The foregoing instrum�nt was acknowledged before me on this 8th day of May, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrum�nt was executed on behalf of the City. Not ry Public �+�,�:�� LAURI . CI-IEFFLER r��.��r. ?��.��'r�?r�f NOTARY B —MINNESOTA "'`"�:'�' HENNEPIN COUNTY , • ��;;;4�L�` My commission expiros6-8-93 . o............ My Commission Expires • Page 3 of 4 � R � S A� � : t��b"T. Cit� of ORONO • RESOLUTION OF THE CITY COUNCIL _ _ . .. _ . ._ � - - � - _ . . . _ _ . . � NO. 2633 `� � � � STATE OF MINNESOTA ) r ) ss. COUNTY OF HENNEPIN ) ' On this 7th day of June � lgg 9 � before me a Notary Public within and for said county, personally appeared Jackson L. Jr. & Judith E. Wilson 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. , , , NOTA Y PUBLIC • THERE8A L. NAAB N�TARY PUBL{0•MINNESOTA � HENNEPIN COUNTY Aar aoeur�saion �xplrw ae-s2 MY STATE OF MINNESOTA ) � )ss. COUNTY OF HENNEPIN ) On this ,2p� day of , 198g, before me a Notary Public within and for said ounty, personal Yy appeared Dennis E Evans sing],P __ 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. � ,. , , ,,,�. >4�a - NOTARY PUBLIC ` � . • LOIS A!tONS,ON_' , � � Notary Public;;Dakota Co., Mn. � M�r co.�r�ission e��ires,�uly,�y 1�94 MY COMMISSION EXPI,RES Page 4 of 4 � �