HomeMy WebLinkAboutResolutiobn 2640-A ..,
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• RESOLUTION OF THE CITY COU 2 �R
� � � NO. 2640-A L5 � � � V � -
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A RESOLUTION GRANTING
AN AFTER-THE-FACT VARIANCE TO
MDNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 12
FILE #1401
WH$REAS, John and Nancy •Fiebelkorn . (hereinafter "the
applicants") are the owners of the property located at 2730
Shadywood Road within the City of Orono (hereinafter "City") and
legally described as follows:
Tract C, Registered Land Survey No. 420, Hennepin County,
biinnesota (hereinafter "the property") ; and
WHEREAS, the applicants have applied to the City for an
after-the-fact variance to Municipal Zoning Code Section 10.03,
Subdivision l2 to permit the construction of a permanent storage
structure located 9.5' from the existing residence where a 10'
• structure-to-structure setback is normally required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, riinnesota:
FINDINGS
l. This application was reviewed as Zoning File #1401.
2. Tlie property is located in the LR-1B Single Family
Lakeshore Residential Zoning District.
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3. The Orono Planning Commission reviewed this application
on Nay 15, 1989 in conjunction with a proposed lot line
rearrangement to make the accessory storage building in
question conforming to the required side lot line setback,
and recommended approval of this structure-to-structure
setback variance based upon the following findings:
A) The storage building has a permanent foundation
which makes it impossible to move without rebuilding
the foundation.
B ) The structure has no significant impact on
neighboring properties.
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-� �� i� Cit� of ORONO
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,�� RESOLUT.ION OF THE CITY COUNCIL
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.�. ' � '� NO. 2640-A .
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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
app 1 icants and the ef f ect of the proposed variance on the
hea 1 th, saf ety and we 1 f are 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
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.
• CONCI�IISIONS, 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 Section 10.03, Subdivision 12 to permit
construction of the 64 square foot storage shed located 9.5' from ;
the existing residence where a 10' structure-to-structure setback F
is normally required, subject to the fol lowing conditions: �
1. Authorities granted by this resolution run with the
property not with the applicants, but are permissive only.
Violation of or non-compliance with any of the terms of this
variance shall constitute a violation of the zoning code,
shal 1 automatically terminate any authority granted herein,
and shall be punishable as a misdemeanor.
2. 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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'� ��� RESOLUTION OF THE CITY COUNCIL
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` pted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 12th day of June, �.
1989.
AT ST: '
i � � . � �
Dorothy Halla.n, City Cler Jam R. Gra ek, ayor
, � •
P operty Owner(s) _
STATE OF MINNESOTA ) � F;;
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ss. -
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged ,before me on
this 12th day of June, 1989, by James R. Grabek & Dorothy M. �
• 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 Public ��;';�ti„4 LAURIE K. SCHEFFLER q
��g � % NOTARY PUBLIC-MINNESOTA
'!T. +.�.5'�. •
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� � g�,�.`:� HENNEPIN COUNTY
�::rw;,1���My commisaion expiro�6�8•93
My Commission Expires " •
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��:�, ��M.�{�..��( ��-` RESOLUTION OF THE CITY COUNCIL
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'•� � � NO. 2640-A
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �0 �' day of � ✓1�.��!'1 ► 1989
before me a Notary Public within andTfor said county, personally
appeared �D�n L• �P_�2�l�Olrl'\ 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.
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• NO ARY PUBLIC
��RE�V�KMES 7A
�HEN�N���y,��„y� '
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� . MY COMMISSION EXPIRES
�L���IOL,S'
STATE OF D�IJkT�6`1�A )
°fl k�1�6'C )s s.
COUNTY OF �d�-�N �
On this �� day of , 198�, before me
a Notary Public within and�for a' Co ' t , personally appeared
Ze��L � known to me to be the
person(s) des •ribed in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PU I
� /� /��D
MY CO ISSI EXPIRES
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