HomeMy WebLinkAboutResolution 3106 �. , . . . ...,. . . __.. . ._ __ _ .
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
�kESH�g' Np, 3106
A RESOI.DTION GRANTIPG
A VARIANGS TO
MIINICIPAI� ZONING CODE
S$CTION 10.22, SIIBDIVISION 2
FII.$ #1717
WHEREAS, Lawrence W. Gadbaw and Arliss A. Gadbaw
(hereinafter "the applicants") are owners of the property located at
699 Minnetonka Highland Lane within the City of Orono (hereinafter
"City") and legally described as Lot 5, Block 2, Minnetonka Highland
Estates, Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 2 to
permit the construction of a 20'x28' portico/carport addition to the
southeast side of the existing residence resu lting in 650 s.f. or 2.6�
• increase in hardcover in the 75-250' setback area where 7,144 s.f. or
29.51$ exists and where only 25� is allowed.
NOW, TH$REFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FIADINGS
. 1. This application was reviewed as Zoning File #1717.
2. The property is located in the LR-1B Lake Shore Residential
Zoning District requiring one acre in area. The property
consists of 43, 086 s.f. or . 99 acres .
3. The Orono P lanning Commission reviewed this application on
March 16, 1992, and recommended approval of� the proposed
variances based upon the following hardships and findings:
a) The existing 10� slope within driveway requires
maintaining total paved area for safe accessibility.
b) The location of house on lot.
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��� �G'�'� RESOLUTION OF THE CITY COUNCIL :
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c) Additional � 2 . 6 � increase is insignificant in
considering the lesser amount of hardcover within the
250-500' setback area at 7.69� where 30� is allowed.
d) No other variance approvals are required for the �
proposed construction.
4. 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.
5. 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.
CONCLDSIONS, ORDER AND CONDITIONS .
Based upon one or more of the above findings, the Orono City
Council hereby grants a variance to Municipal Zoning Code Section
10.22 , Subdivision 2 to permit the construction of a 20'x28'
portico/carport addition to the existing residence, subject to the
following conditions:
l. Applicants shall provide detailed grading and drainage plans
with building permit application submittals confirming
positive drainage is maintained on site.
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 Council approval, or this variance will
expire on that date (April 13, 1993).
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
�kESH�g' NO, 310 6
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.
Adopted by the Orono City Council on this 13th day of
April, 1992.
ATTE . .
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0 othy M. allin, City Clerk Barbara A. Peterson, Mayor
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P�r perty,_Owner(s)
C'/ ��� '�/<z����'�/�.'
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknow ledged before me on this
13th day of April, 1992, by Barbara A. Peterson & 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.
�PI�l0�1N1iE10TA
HENNEPiN COUMY
Mv cornatssrori ocPiaES a�23se
Nota y Public
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��� �G'�'� RESOLUTION OF THE CITY COUNCIL
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STATE �F MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On thi s �3 � day o f /�,Or'��/ , 19 9�
before me a Notary Public within and for said county, personally
appeared /C�r.vrey���e. W� �d /�� ��"55 �-, Gad��w 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.
LINDA S. VEE � � /���J
NOTARY PUBLIC - MINNESOTA �/
HENNEPIN COUNTY
My commission expires 6-12-98 NOTAR PUBLIC
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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
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