HomeMy WebLinkAboutResolution 2871 � !
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R C�t� o� ORONO
`�°'� RESOLUTION OF THE CITY COUNCIL
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� A RESOLIITION GRANTING �
A VARIANCE TO
� M[JNICIPAL ZONING COD$
SECTION 10.28, SIIBDNISION 5 (B)
FILE 1578
WHEREAS, A1 and Libbie Hopwood (hereinafter "the
applicants" ) are owners of the property located at 1205 Lakeview
Avenue within the City of Orono (hereinafter "City") and legally
described as follows:
Lots 12 and 13, Block l, Maxwell's Addition to Crystal Bay, Lake
Minnetonka , Hennepin County, Minnesota (hereinafter "the
property"); and
WH$REAS, the applicants have applied to the City for a
variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to
permit the construction of a deck to be located 27' from the street
lot line and 23' from the side street lot line where a 50' setback is
,� required from both lot lines. • � .;'
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NOW, THEREFORE, BE IT RESOLVED by the City Counci T�of Orono,
Minnesota: �
FINDINGS
1. This application was reviewed as Zoning File 1578.
2. The property is located in the RR-1B Single Family Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
August 20, 1990, and on a vote of 5 to 0 recommended approval of
the proposed variance based upon the following findings:
a) The orientation of the house on this corner lot and the
size of the lot . are hardships to the property which would
limit construction within the area of the house proposed for
the deck.
b) No neighboring properties will be impacted by
construction of the proposed deck with railing and lattice
work below extending to grade.
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� Clt� o� ORONO
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I���r"�, ` '�� RESOLUTION OF THE CITY COUNCIL
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c) The proposed deck will be a positive improvement to the
property.
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 variance on the health, safety and welfare of the
community.
� 5. The City Council finds that the conditions existing 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 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.
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CONCLIISIONS, ORDER AND CONDITIONS :
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Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.28,
Subdivision 5 (B) to permit the construction of an 8' x 41' deck with
railings, located 27' from the north street lot line and 23' from the
west street lot line where 50' setbacks are normally required, subject
to the following conditions:
1. Applicant shall obtain an after-the-fact building permit
prior to continuing construction of this deck.
2. Authorities granted by this variance run with the property
not with the applicant, but are permissive only and must be
exercised by application for a building permit within one year of
the date of Counci 1 approva 1, or thi s variance wi 11 expire on
that date (September 10, 199�1).
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. �
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� Cit� o� ORONO
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RESOLUTION OF THE CITY COUNCIL
' � ' NO. 2871
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4. The undersigned applicant has read, understood and, hereby
agrees to the terms of this resolution and on behalf of himself,
his heirs, successors and assigns, hereby agrees to the recording �
of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this lOth day of
September, 1990.
ATT ST:
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Dor y Hallin ity Clerk Jam s R. Grabe , a�or
Pr erty Owner(s )
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STATE OF MINNESOTA ) -
� ) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
lOth day of September, 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.
. AB ^
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THEREgA �• NA a
•, p}OTARY PUBWC-MINNESOTA Notary Public
f1ENNEPIN C06 N�gL
My commission e�cP' �
q�-9a
My Commission Expires
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clt� o� oR,oNo
RESOLUTION OF THE CITY COUNCIL
� • NO. 2871
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S `'-� MINNESOTA )
) ss.
� COUNTY OF HENNEPIN )
0 n t h i s /�`� d a y o f ��,�-2�►�.l�2� , 19 9 Q
before me a Notary Public within and for said county, personal�
appeared ) ;hhi� , �,�OOCt .�t�i n-1- Amp,r
known to me to be the person( descr bed in and who executec�t �e
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
. . , O`�
NOTARY PUBLIC
THERE8/1 L. NAAB
t�FO�TARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My commission exph•as 9-8-92
• MY COMMISSION EXPIRES j� _ .'_
STATE OF MINNESOTA ) �
' )ss.
COUNTY OF HENNEPIN )
On this ,�7�' day of �,�0-2� , 199.� before me a
No ar Public within and r aid County, personally appeared
; �- known to
me to b the p rson ( s ) described in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
'�U(,C.C.Q�-
� NOTARY PUBLIC
THERE8A L NAAB
' NpTARY PUBLFO�MINNESOTA
�HEN�NE�P��N C�O,aN�2
MY C N EXPIRES
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