HomeMy WebLinkAboutResolution 2791 , ..�� , �.'� . . . '.
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`5"� � RESOLUTION OF THE CITY COUNCIL
�~�� 2791 .
_ .�' NO.
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' A RESOI.OTION GRANTING . ```
� A VARIANCE TO � '
MQNICIpAL ZONING CODE
SECTION 10.24, SUBDIVISION 5 (A)
� FILE #1507 .
WH$REAS, David and Margen�oFe�t �hlocatedtat 1645 •
applicants") are the owners of the p P Y
Bohn's Point Road within the City of Orono (hereinafter "City")
and legally described as Tract C, Registered Land Survey #565
Files of Registrar of Titles , C�ounandof Hennepin County,
Minnesota (hereinafter "the property );
WHEREAS, the applicants have applied to the City for a ;;
variance to Municipal Zoning Code Section 10.24, Subdivision 5
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(A) to permit the residence currently under construction to
remain at a total 33'6" height instead of the required 30'. _
.NOW, THEREFORE, BE IT RESOLVED,by the City Counci l of :
• Orono, Minnesota: :
, FINDINGS �
1. This application was reviewed as Zoning File #1507 .
2. The property is located in the LR-1B Singli a reiin '
Lakeshore Residential Zoning District requiring
area. The property consists of 37 ,750 square feet or .86
acres.
3. The Orono Planning Commission reviewed this application
on March 19, 1990, and recommended approval of the proposed
variance based upon the following findings:
A) The actual height of the structure has not changed
since the issuance of the building permit for new
construction. It is the introduction of the third
story and windows that requires reinterpretation of the
height.
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
health, safety and welfare of the community.
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5o The City Council finds that the conditions existing on 4;;
this property are peculiar to it and do not apply generally '•'��
to other property in this zoning district; that granting the
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variance would not adversely affect traffic conditions,
light , air nor pose a f`ioulda not merelye serve eas ta •
neighboring property; `�.
convenience to the applicants , but is necessary is �
alleviate a demonstrable hardship or difficulty;
necessary to preserve a substantial property right of the
applicants; and would beelandeComnrehensiveePlanrof the •�
intent of the Zoning Cod P
City.
CONCLDSIONS, ORDER AND CONDITIONS �
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Based upon one or more of the findings noted above, the
Orono City Council hereby grants a variance to Municipal Zoning .
Code Section 10.24, Subdivision 5 (A) to permit the residence �
currently under construction to retain third story not approved
in the original building plans resulting in an overall height of
• 33'6" instead of the allowed height of 30' , subject to the
following conditions:
1. Applicant shall apply for an amended building permit to �.
� include all additional improvements. -
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 wil 1 expire on that date (April 9, 1991).
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 automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
4. 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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�' d- RESOLUTION OF THE CITY COUNCIL
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��� �� NO. 2791
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Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 9th day of April,
1990.
ATT ST:
.
othy allin, City Cler James R. Grabek, Mayor
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Property Owner(s )
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
' The foregoing instrument was acknowledged before me on
• this 9th day of April, 1990, 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. .
��-a� '��
� ��� Notary Public
TFIERE3A L. NAAB ��.a7'��07�
�pTARY PUBUQ-MINNESOTA
HENNEPIN COUNTY M Commission Expires
� ��� exPires 8-5-92 Y
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� RESOLUTION OF THE CITY COUNCIL ��
• NO. 2791 `"
• � • • _�•
Cy.
STATE OF A'IINNESOTA ) •
) ss.
COUNTY OF HENNEPIN )
On this � � day of � r�� ► 199� ,
before me �lotary Public within an for said count�, personally
a pp e a r e d � i)i' d- )'Yl Gl,v�ap,�'� � -�o�, /-�c,tS b lit'�ol �- 1,�i .
known to me to be the pe son(s) des ribed in and wh executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed. _
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NOTARY PUBLIC
�qpy PUBIdC`-�M NESOTA • ,
�E�mE�i�piroaN��
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�' 9-�9� ,.
MY COMMISSION EXPIRES .
' STATE OF MINNESOTA ) !
)ss.
COUNTY OF HENNEPIN ) ;
On this day of , 199_, 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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