HomeMy WebLinkAboutResolution 2884 f _` �
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Cit� of ORONO �
• � RESOLUTION OF THE CITY COUNCIL
� . NO. 2884
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A R$SOLOTION GRANTING
AN AFTER-THE-FACT A VARIANCE TO
MONICIPAL ZONING CODE
SECTION 10.03, SIIBDIVISION 12
FILE #1587
WHER$AS, Ruby L. Siford (hereinafter "the appXicant") is the
owner of the property located at 96 Hackberry HiX1 within the City of
. Orono (hereinafter "City") and I.egaYXy described as that part of Lots
3 and 4 I.ying northerly of the southerl.y 97.50' thereof, BXock 3,
Daniel.s Long Lake Heights, Hennepin County, Minnesota (hereinafter
"the property"); and
WH$R]3AS, the applicant has app�ied to the City for an after-
the-fact variance to MunicipaX Zoning Code Section 10.03, Subdivision
12 to permit a deck constructed to the rear or east side of the
existing house structure Xocated 5' from a detached garage instead of
the required 10'.
• NOW, THEREFORE, BE IT RESOLVED by the City CounciX of Orono,
Minnesota:
� FINDINGS
1. This appxication was reviewed as Zoning Fi3.e #1587.
2. The property is I.ocated in the RR-1B RuraX Residentia�, Zoning
District.
3. The Orono Pl.anning Commission reviewed this appXication on
September 17, 1990 and recommended approval. of the proposed
after-the-fact variance based upon the fox�owing findings:
a) The City has received no negative comments from the
affected property owners notified for this review.
b) The substa.ndard separation setback is between an
enclosed structure and an open deck structure. The open
deck structure wiY3. present 1.ess of a fire hazard than an
encl.osed structure. .
4. The City Council. finds that the conditions existing on this
property are peculiar to it and do not app�.y generally to other
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• � RESOLUTION OF THE CITY COUNCIL
,�.� NO. 2884
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property in this zoning district; that granting the variance
wou7.d not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; woul.d
not mereXy serve as a convenience to the applicant, but is
necessary to aZl.eviate a demonstrab�.e hardship or difficu�.ty; is
necessary to preserve a substantial property right of the
app�.icant; and woul.d be in keeping with the spirit and intent of
the Zoning Code and Comprehensive Plan of the City.
5. The City Council has considered this appl.ication inc�uding
the findings and recommendations of the Pl.anning Commission,
reports by City staff, comments by the appXicant and the effect
of the proposed variance on the heaXth, safety and wel.fare of the
community.
CONCLIISIONS, ORD$R AND CONDITIONS
Based upon one or more of the above findings, the Orono City
• Council. hereby grants an after-the-fact variance to MunicipaX Zoning
Code Section 10.03, Subdivision 12 to permit a deck constructed to the
east or rear side of the existing house structure Xocated 5' from a
`detached garage rather than the required 10' separation, subject to
the foXxowing coriditions:
1. AppXicant shal.x submit fuXX payment for an after-the-fact
variance appl.ication. Upon application for a building permit,
the appxicant sha�.X pay a penal.ty fee.
2. The Orono BuiYding Department is asked to consider both the
shed and deck in the appJ.ication of the fire code as it re�.ates
to firewal.�. construction within existing detached garage.
3. Authorities granted by this variance run with the property
not with the app�icant, but are permissive only and must be
exercised by appXication for a building permit by October 29,
1990. .
4. VioXation of or non-compliance with any of the terms and
conditions of this variance shal1 constitute a vio�ation of the
zoning code, shaXY automatical.I.y terminate any authority granted
herein, and shaX1. be punishabYe as a misdemeanor. , .
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i • � RESOLUTION OF THE CITY COUNCIL
' � NO. 2884
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i 6. The undersigned appl.icant has read, understood and hereby
agrees to the terms of this resoXution and on behalf of herself,
j her heirs, successors and assigns, hereby agrees to the recording
� of this reso�ution in the chain of titXe of the property.
Adopted by the Orono City Council on this 8th day of
Oct ber, 1990.
AT ST:
�I .
T resa aab, Deputy CXerk Edward J. Ca a an, Jr. , A Mayor
Dorothy allin, City Clerk
• P ope ty Owner s)
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
8th day of October, 1990, by Edward J. Ca�.lahan, Jr. & Theresa L.
Naab, Acting Mayor & Deputy CXerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behal.f of
the City.
c.�� , ���
THERE3A L. NAAB i �{'C�%"
� NOTARY PUBUC�MINNESOTA /
HENNEPIN COUNTY Notary PubYic
Alty commisaion expiroa 9-8-92
���9�
My Commission Expires
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• � RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COIINTY OF HENNEPIN )
�/`G� da y o f �C�o�� � 19�
•n this /
before me Notary Public within a d �for sai coun y, pe sonal ly
appeared �• known to me to be
the person( desc ' bed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
NOTARY PUBLIC
NOT/�1RY PUBUC�MINNEASBOTA
: HENNEPIN COUNTY
. Mp commtaa�on�xpuws
MY COMMI
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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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